Legislature(1999 - 2000)

09/23/1999 02:20 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE RESOURCES COMMITTEE                                                                                        
               Second Special Session                                                                                           
                 September 23, 1999                                                                                             
                     2:20 p.m.                                                                                                  
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Rick Halford, Chairman                                                                                                  
Senator Robin Taylor, Vice Chairman                                                                                             
Senator Pete Kelly                                                                                                              
Senator Jerry Mackie                                                                                                            
Senator Lyda Green                                                                                                              
Senator Sean Parnell                                                                                                            
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
None                                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE JOINT RESOLUTION NO. 201                                                                                                 
Proposing an amendment to the Constitution of the State of Alaska                                                               
relating to subsistence use of renewable natural resources by                                                                   
residents of the state; and providing for an effective date.                                                                    
- HEARD AND HELD                                                                                                                
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SJR 201 - See Resources minutes dated 9/22/99.                                                                                  
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Gerry Hope                                                                                                                      
ANB Sitka Camp 1                                                                                                                
PO Box 72                                                                                                                       
Sitka, AK  99835                                                                                                                
POSITION STATEMENT:  Supports a constitutional amendment; opposes                                                               
any changes to ANILCA.                                                                                                          
                                                                                                                                
Eleanor Demert                                                                                                                  
PO Box 4                                                                                                                        
Cantwell, AK  99729                                                                                                             
POSITION STATEMENT:  Prefers state management of fish and game                                                                  
resources but supports federal management if state management means                                                             
her culture must be suppressed.                                                                                                 
                                                                                                                                
Paul White, Jr.                                                                                                                 
Huna Totem Corporation                                                                                                          
PO Box 22356                                                                                                                    
Juneau, AK  99802                                                                                                               
POSITION STATEMENT:  Opposes any changes to ANILCA.                                                                             
                                                                                                                                
Carl Rosier                                                                                                                     
8298 Garnet St.                                                                                                                 
Juneau, AK  99801                                                                                                               
POSITION STATEMENT: Opposed to a constitutional amendment; believes                                                             
changes need to be made to ANILCA.                                                                                              
                                                                                                                                
Lonnie Tyone                                                                                                                    
PO Box 761                                                                                                                      
Glennallen, AK  99588                                                                                                           
POSITION STATEMENT:  Supports a rural priority.                                                                                 
                                                                                                                                
Ken Johns                                                                                                                       
Copper River Native Association                                                                                                 
Copper Center, AK                                                                                                               
POSITION STATEMENT:  Federal management has been more responsive to                                                             
the needs of subsistence users.                                                                                                 
                                                                                                                                
Dewey George                                                                                                                    
PO Box 210225                                                                                                                   
Auke Bay, AK  99821                                                                                                             
POSITION STATEMENT:  Supports a state policy provides for a Native                                                              
subsistence right based on ancestry and a permit system for non-                                                                
Native subsistence users.                                                                                                       
                                                                                                                                
Gloria Stickwan                                                                                                                 
Copper River Native Association                                                                                                 
PO Box 264                                                                                                                      
Copper Center, AK                                                                                                               
POSITION STATEMENT:  Supports a rural priority.                                                                                 
                                                                                                                                
Lynn Levengood                                                                                                                  
Alaska Wildlife Conservation Alliance                                                                                           
931 Vide Way                                                                                                                    
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Opposed to amending the Constitution and                                                                   
supports changing ANILCA.                                                                                                       
                                                                                                                                
Gabe Sam                                                                                                                        
Tanana Chiefs Conference                                                                                                        
122 1st Ave. Suite 600                                                                                                          
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Supports a rural priority.                                                                                 
                                                                                                                                
Gilbert Bent                                                                                                                    
PO Box 614                                                                                                                      
Allakaket, AK  99720                                                                                                            
POSITION STATEMENT:  Native people need a subsistence priority.                                                                 
                                                                                                                                
Richard Lundahl                                                                                                                 
PO Box 718                                                                                                                      
Pelican, AK  99832                                                                                                              
POSITION STATEMENT:  Provided proposed legislation to committee                                                                 
members.                                                                                                                        
                                                                                                                                
Donne Fleagle                                                                                                                   
McGrath, AK                                                                                                                     
POSITION STATEMENT: Supports the continuation of Native subsistence                                                             
lifestyles and the override of the Governor's veto of SB 74.                                                                    
                                                                                                                                
Hjalmar Olson                                                                                                                   
PO Box 456                                                                                                                      
Dillingham, AK  99576                                                                                                           
POSITION STATEMENT:  Expressed concern about the negative impact on                                                             
villages caused by an increased number of non-resident hunters.                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-37, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD called the Senate Resources Committee meeting to                                                               
order at 2:20 p.m.  Present were Senators Green, Taylor, Parnell,                                                               
Mackie, Lincoln and Chairman Halford.  Other legislators present                                                                
were Senators Ward, Hoffman, Wilken, Leman and Torgerson and                                                                    
Representative Cowdery.                                                                                                         
          SJR201-CONST.AM: RURAL SUBSISTENCE PRIORITY                                                                           
                                                                                                                                
CHAIRMAN HALFORD announced that at the request of Senator Ward, he                                                              
sent a letter to President Clinton requesting him to clarify his                                                                
position on protecting subsistence rights for all Alaska Natives                                                                
rather than for Natives who live in rural areas.                                                                                
                                                                                                                                
CHAIRMAN HALFORD informed participants that the committee would                                                                 
continue to take testimony on SJR 201.  He asked Gerry Hope to                                                                  
testify.                                                                                                                        
                                                                                                                                
GERRY HOPE, President of the Alaska Native Brotherhood (ANB) Sitka                                                              
Camp Number 1, gave the following testimony.  ANB Sitka Camp                                                                    
supports the Alaska Native Brotherhood and Alaska Native Sisterhood                                                             
Grand Camp Convention resolution that has been consistent since                                                                 
1991.  That resolution supports no changes to Title VIII of ANILCA                                                              
and it supports a state constitutional amendment to reflect the                                                                 
language in Title VIII.  In regard to SJR 201, Mr. Hope said he                                                                 
supports changing the word "may" to "shall."  He hopes that the                                                                 
dialogue taking place during this special session on subsistence                                                                
will convince enough legislators to pass a constitutional amendment                                                             
to the voters.  Mr. Hope stated that ANB Sitka Camp No. 1 prefers                                                               
local control, and it would prefer that the state manage fish and                                                               
game resources, however Alaska Natives cannot give up any more than                                                             
they already have.  ANILCA is one of the few legal tools left that                                                              
helps to protect Alaska Natives' lifestyle.  Alaska Natives use                                                                 
very little of the resources, about four percent.  If the choice is                                                             
federal control versus the loss of ANILCA and Title VIII                                                                        
provisions, then he would regretfully choose federal control.                                                                   
                                                                                                                                
Number 074                                                                                                                      
                                                                                                                                
SENATOR TAYLOR indicated that President Clinton and Ms. Kitka                                                                   
stated they would support no changes to ANILCA in earlier                                                                       
testimony, and then they stated that further relationships and                                                                  
negotiations would occur on a government to government basis.  He                                                               
asked what the President and Ms. Kitka meant by the term                                                                        
"government-to-government."                                                                                                     
                                                                                                                                
MR. HOPE responded that he cannot speak for AFN, however he assumed                                                             
the federally recognized tribes would have more direct involvement                                                              
with the Department of Agriculture and the Department of Interior.                                                              
                                                                                                                                
SENATOR MACKIE asked about the membership of Sitka's ANB and ANS                                                                
organizations.                                                                                                                  
                                                                                                                                
MR. HOPE replied the two organizations have a combined membership                                                               
of 200 paying members.  The federally recognized tribe of Sitka has                                                             
an enrollment of around 3,400, which is a significant portion of                                                                
the 8,500 residents as estimated in the 1990 census.                                                                            
                                                                                                                                
CHAIRMAN HALFORD asked if Sitka is considered to be rural under the                                                             
federal definition.                                                                                                             
                                                                                                                                
MR. HOPE said it is.                                                                                                            
                                                                                                                                
CHAIRMAN HALFORD asked if Sitka is the largest rural community                                                                  
under the federal definition.                                                                                                   
                                                                                                                                
MR. HOPE said he believes it is.                                                                                                
                                                                                                                                
SENATOR MACKIE clarified that Kodiak is the largest rural                                                                       
community.                                                                                                                      
                                                                                                                                
Number 148                                                                                                                      
                                                                                                                                
ELEANOR DEMERT, a resident of Cantwell, presented written testimony                                                             
to committee members and said she will not vote for a                                                                           
constitutional amendment that contains the word "may" instead of                                                                
"shall" because she does not trust that the state will provide for                                                              
a rural preference otherwise.                                                                                                   
                                                                                                                                
SENATOR LEMAN asked Ms. Demert why legislators would want to go                                                                 
through this painful exercise to put a constitutional amendment on                                                              
the ballot if the legislature did not intend to enact the amendment                                                             
if it passes.                                                                                                                   
                                                                                                                                
MS. DEMERT noted the public voted on moving the capital, however                                                                
the legislature did nothing.                                                                                                    
                                                                                                                                
SENATOR LEMAN pointed out that the funding portion of the vote                                                                  
failed.                                                                                                                         
                                                                                                                                
MS. DEMERT said that is her opinion.                                                                                            
                                                                                                                                
SENATOR LINCOLN remarked that the issue of subsistence has been a                                                               
painful one for 16 years.  She asked, if it is the legislature's                                                                
intention to listen to the people's vote, why not change the word                                                               
"may" to "shall."                                                                                                               
                                                                                                                                
SENATOR TAYLOR maintained that he is troubled by Ms. Kitka's and                                                                
President Clinton's use of the term "government-to-government"                                                                  
because it sounds as though they believe it will be preferable for                                                              
tribal leaders to negotiate directly with the federal government                                                                
rather than to make any changes to ANILCA.  He asked Ms. Demert to                                                              
comment on that statement.                                                                                                      
                                                                                                                                
MS. DEMERT said she believes that is true because the federal                                                                   
government recognizes tribal governments while the state has made                                                               
no efforts to work with them so far.  As Cantwell Village Council                                                               
president for many years, she has never seen the state recognize                                                                
the Village Council while the federal government has.  She added                                                                
that she agrees with Mr. Hope that she would prefer that the state                                                              
retain control of its fish and game resources, but she would prefer                                                             
federal management if her culture is going to be suppressed.  She                                                               
stated that her people are and have been hunters, and her 8 year                                                                
old grandson asks when he can hunt with his grandfather.  She noted                                                             
hunting is just part of her life and she cannot imagine changing                                                                
that.  She wants her grandson to be comfortable in his village and                                                              
to live the way she has if that is what he chooses.                                                                             
                                                                                                                                
Number 223                                                                                                                      
                                                                                                                                
PAUL WHITE, JR., representing the Huna Totem Corporation, made the                                                              
following comments.  His ancestors came out of Glacier Bay well                                                                 
over 10,000 years ago.  The vest he is wearing has been handed down                                                             
through generations, so he has his ancestors with him.  The Huna                                                                
Totem Corporation has over 1400 shareholders who support non-                                                                   
diminishment of ANILCA.  His group also supports the word "shall"                                                               
as opposed to "may" because the word "may" can be used as an                                                                    
administrative tool, while the word "shall" states a policy.  Mr.                                                               
White said that the word "subsistence" means a lot more than food                                                               
gathering to his people.  His family worked year round putting up                                                               
food.  Four of five families fished cohos at a specific Point each                                                              
summer.  They sold the cohos so that they could buy coffee, salt,                                                               
and flour.  The remainder of the food was gathered from the land.                                                               
He noted that bartering is a valuable tool in a subsistence                                                                     
lifestyle.  In his lifetime, he is only able to live a "limited"                                                                
subsistence lifestyle.  The subsistence way of life has been                                                                    
diminished.  He asked committee members to seriously consider                                                                   
allowing for a subsistence lifestyle.                                                                                           
                                                                                                                                
SENATOR LINCOLN asked Mr. White his opinion of the lack of a                                                                    
subsistence right for urban Natives under this proposal and whether                                                             
that is discriminatory toward urban Natives.  She noted that during                                                             
the times that she lived in an urban area, she did not worry about                                                              
a lack of subsistence foods because her relatives sent her as much                                                              
of those foods as they could.   She asked Mr. White to comment  on                                                              
the concern that SJR 201 could result in discrimination against                                                                 
Alaska Natives living in urban centers.                                                                                         
                                                                                                                                
MR. WHITE said it is a dilemma for urban people who will no longer                                                              
be able to practice a subsistence way of life, however he noted                                                                 
that villagers have always shared, and probably will continue to                                                                
share, food.                                                                                                                    
                                                                                                                                
Number 378                                                                                                                      
                                                                                                                                
MR. CARL ROSIER, testifying on his own behalf, informed committee                                                               
members that he has been associated with utilization and management                                                             
of Alaska's fish and game since 1955.  Mr. Rosier gave the                                                                      
following testimony.                                                                                                            
                                                                                                                                
He began working for the Alaska Department of Fish and Game as an                                                               
assistant area biologist in 1959, then advanced through the various                                                             
management positions of the department and was appointed deputy                                                                 
commissioner in 1979.  He left the department in 1980 to work for                                                               
the National Marine Fisheries Service, until he was appointed as                                                                
commissioner of ADFG in 1991.  He retired in 1995.  Over those                                                                  
years, the salmon resources of the state responded to good                                                                      
management after Alaska had inherited a severely depleted resource                                                              
at statehood.  Today's bounty of salmon statewide is no accident                                                                
and many professionals have the scars of public opposition to                                                                   
decisions made in the interest of conservation.  Management of fish                                                             
and game resources requires making tough decisions on a timely                                                                  
basis.  Those decisions often affect people's income and lifestyle,                                                             
but the resource must be considered first, otherwise it will be                                                                 
depleted, as in 1959.                                                                                                           
                                                                                                                                
Over the years, far-sighted legislators established state laws for                                                              
emergency provisions for harvesting fish and game resources for                                                                 
food.  The legislature provided for reduced-fee licenses in                                                                     
recognition of data collection needs of ADFG and low income                                                                     
individuals, use of fish and game for education purposes,                                                                       
ceremonial taking in recognition of some cultural needs, and it                                                                 
established the state's subsistence priority based on a sustained                                                               
yield.  That system has worked well for all Alaskans, but now,                                                                  
thanks to poorly crafted federal legislation, Alaska is on the                                                                  
threshold of losing a major part of this system that was so                                                                     
carefully crafted over the years to a new system of fighting among                                                              
Alaskans and placing the resource at major risk under federal                                                                   
management.  It is discouraging to hear Alaskans talk about                                                                     
supporting federal management of subsistence because they believe                                                               
it will be more sensitive to its needs.  Many people are being                                                                  
misled for political reasons.  Although we learned something about                                                              
the federal system of management during the pre-statehood days, we                                                              
have people supporting a return to that system who watched the                                                                  
devastation of the beluga whale population in Cook Inlet just                                                                   
recently.                                                                                                                       
                                                                                                                                
The Vice-Chair of the Alaska Board of Fisheries mentioned yesterday                                                             
that efforts to develop an integrated subsistence management                                                                    
program between the state and federal government was trashed by                                                                 
federal participants in late June of 1999.  ADFG documents from                                                                 
that meeting indicate that the federal members no longer endorse                                                                
the concept of integrated management but instead maintain a                                                                     
separate program approach at the direction of the federal regional                                                              
advisory council.                                                                                                               
                                                                                                                                
MR. ROSIER said he strongly opposes SJR 201 and he is appalled at                                                               
the statements made in the Governor's letter of transmittal.  In                                                                
his view, the state gains absolutely nothing from the passage of                                                                
SJR 201 and it will be no more than a federal puppet as far as fish                                                             
and game management is concerned. The state will not get management                                                             
back by letting the voters vote.  SJR 201 does not protect state's                                                              
rights, it denigrates the state's constitution, and if passed, it                                                               
will lead Alaskans to a future of dispute, rivalry, and ultimately                                                              
loss of fish and game resources.  The real problems are the                                                                     
provisions of Title VIII of ANILCA and the Governor recommends no                                                               
changes to that legislation.  It is a shame that SJR 201 shows no                                                               
political courage.                                                                                                              
                                                                                                                                
Number 442                                                                                                                      
                                                                                                                                
SENATOR MACKIE commented that he believes Alaska has the best                                                                   
resource management system in the world.  He asked Mr. Rosier if he                                                             
is comfortable with a federal takeover on October 1, and what Mr.                                                               
Rosier predicts the outcome of that system to be.                                                                               
                                                                                                                                
MR. ROSIER replied that he is not comfortable with federal                                                                      
management at all.  He noted that he worked for the federal                                                                     
government in a management capacity, and that the structure of                                                                  
federal organizations is such that they cannot be sensitive to the                                                              
types of things that the Board of Fisheries and the Board of Game                                                               
are sensitive to.  They generally take things in large bites, such                                                              
as the closure of Glacier Bay to commercial fishing.  Mr. Rosier                                                                
maintained that there is no biological basis for closing Glacier                                                                
Bay to fishing.  Likewise, the federal government stopped the                                                                   
taking of seagull eggs for subsistence purposes until they did a                                                                
study to find out whether any impact had occurred.  He noted that                                                               
the federal government will have to do a study every time it has to                                                             
say no to someone.  Alaska is turning over a resource in good                                                                   
condition, therefore the federal government has not had to say no.                                                              
In the long term, however, Alaska will lose its resources and will                                                              
be where it was in 1959.                                                                                                        
                                                                                                                                
SENATOR MACKIE asked Mr. Rosier why the legislature should not take                                                             
the issue to the people, given that the federal government is                                                                   
poised and ready to take control.  He asked Mr. Rosier how Alaska                                                               
can get "out of this box" of a federal takeover on October 1.                                                                   
                                                                                                                                
MR. ROSIER said the key is what the public wants regarding state's                                                              
rights.  The crux of the statehood activity was that Alaska was to                                                              
be put on equal footing with all of the other states, and now                                                                   
Alaska is backing away.  The job that needs to be done now, because                                                             
the Administration is not showing leadership, is to go after the                                                                
state's rights.  No options should be precluded for future                                                                      
Administrations to take on this issue.  Alaska must take this issue                                                             
to the U.S. Supreme Court to get it resolved.  Once its                                                                         
Constitution is modified, Alaska will be at the complete mercy of                                                               
the federal government.                                                                                                         
                                                                                                                                
SENATOR MACKIE noted the Alaska Legislature spent a lot of money                                                                
taking this issue to court, but the case was thrown out, and the                                                                
Governor is not willing to take that route.  He asked what the                                                                  
Legislature can do before October 1.                                                                                            
                                                                                                                                
MR. ROSIER noted the case was thrown out of court for technical                                                                 
reasons.  He said the Legislature cannot do anything before October                                                             
1, however the world will not come to an end.  This issue will have                                                             
to go back to Alaska's congressional delegation and the legislature                                                             
will have to put together a program that meets the needs of all                                                                 
Alaskans.                                                                                                                       
                                                                                                                                
SENATOR MACKIE noted the world will not come to an end, state                                                                   
management will.                                                                                                                
                                                                                                                                
Number 509                                                                                                                      
                                                                                                                                
SENATOR TAYLOR asked Mr. Rosier if there is one iota of a                                                                       
difference between the enforcement that will take place under state                                                             
management and the enforcement that will take place under federal                                                               
management because ANILCA will remain the same.  He emphasized that                                                             
the idea that state enforcement will differ from federal                                                                        
enforcement is a complete misnomer.                                                                                             
                                                                                                                                
MR. ROSIER agreed with Senator Taylor completely.                                                                               
                                                                                                                                
SENATOR TAYLOR maintained that if no changes are made to ANILCA,                                                                
Desa Jacobsson will get arrested by a state trooper rather than a                                                               
federal agent for putting a net in a particular stream.  Either                                                                 
way, Desa Jacobsson will go to jail because she is a Juneau                                                                     
resident and ANILCA only gives the priority to rural residents.  He                                                             
repeated that this "federal takeover" is a total misnomer.                                                                      
                                                                                                                                
Number 518                                                                                                                      
                                                                                                                                
LONNIE TYONE, a resident of Gulkana Village, said he has lived in                                                               
Gulkana Village for a good portion of his life.  He has never                                                                   
shared his feelings about this issue with anyone.  His definition                                                               
of the word "subsistence" is very different from legislators'.                                                                  
                                                                                                                                
TAPE 99-37, SIDE B                                                                                                              
                                                                                                                                
Mr. Tyone continued.  Urban hunters have come into his area and                                                                 
have depleted the game population.  He fears that the day will come                                                             
when all game populations are depleted, and not until that time                                                                 
will Natives be given a priority to what is left.  He stated the                                                                
traditional and cultural aspect of subsistence is very important to                                                             
Native peoples.  He asked what kind of future Alaska Natives will                                                               
have without a rural priority.                                                                                                  
                                                                                                                                
SENATOR LEMAN commented that Title VIII does not provide for a                                                                  
traditional and customary priority, which he believes is a                                                                      
shortfall of that legislation.  He asked Mr. Tyone if he would                                                                  
support changes to ANILCA that would provide for a traditional and                                                              
cultural priority rather than one that is solely based on                                                                       
residence.                                                                                                                      
                                                                                                                                
MR. TYONE replied that it depends on whether there are any strings                                                              
attached that will be detrimental to Alaska Natives.                                                                            
                                                                                                                                
SENATOR LEMAN thought a better solution would be to incorporate                                                                 
traditional and customary use into the array of criteria for                                                                    
qualification.  Unfortunately, the state cannot incorporate that                                                                
criteria without changing the federal law.                                                                                      
                                                                                                                                
MR. TYONE said there has to be a way to accommodate Native peoples                                                              
and that something needs to be done before the animal populations                                                               
are depleted.                                                                                                                   
                                                                                                                                
Number 502                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD noted that game management has been under federal                                                              
subsistence control for nine years.  He asked if game management                                                                
has improved in the last nine years in Mr. Tyone's view.                                                                        
                                                                                                                                
MR. TYONE replied that the management is worse and many people who                                                              
solely lived a subsistence lifestyle are no longer able to.  He                                                                 
noted that many people who work "9 to 5" jobs also want priority                                                                
access to a subsistence lifestyle, and that the problem is a                                                                    
conglomeration of many things that come down hard on the Native                                                                 
people.                                                                                                                         
                                                                                                                                
CHAIRMAN HALFORD agreed with Mr. Tyone's description of the                                                                     
problem.  With regard to fisheries, the conflict is not so much                                                                 
rural versus urban as it is with game.  He pointed out that the                                                                 
conflict in the Lower Yukon-Lower Kuskokwim area is between rural                                                               
residents.  He asked Mr. Tyone if he believes a local preference                                                                
would work better than a statewide rural preference so that the                                                                 
person who is closest to the resource would have the priority.                                                                  
                                                                                                                                
MR. TYONE did not respond.                                                                                                      
                                                                                                                                
Number 445                                                                                                                      
                                                                                                                                
KEN JOHNS, President of the Copper River Native Association (CRNA),                                                             
made the following comments.  His area is known as the Unit 13                                                                  
Area, which he considers the ground zero area for the subsistence                                                               
issue because of the pressure on the Nilchina caribou herd and                                                                  
Copper River salmon runs.  He asked legislators to protect the                                                                  
Native villages.  His village has been limited to a five day moose                                                              
hunt at times.  Right now, the Nilchina caribou herd is off limits                                                              
to hunters under state management, however under federal management                                                             
one can take two caribou.  Also, with a federal subsistence permit,                                                             
one can take any bull moose but the state only allows the taking of                                                             
a spike four or 50 inch bull.  Because of that, many villagers                                                                  
prefer federal management because it is more concerned with the                                                                 
needs of the people in their areas.                                                                                             
                                                                                                                                
CHAIRMAN HALFORD asked if the state law now allows any bull to be                                                               
taken in Unit 13 with a subsistence permit while under a non-                                                                   
subsistence moose hunt, one must take a spike four or 50 inch or                                                                
better.                                                                                                                         
                                                                                                                                
MR. JOHNS said they have separate seasons and that only 150 permits                                                             
are given for the early season.  Hunters must compete with everyone                                                             
in the state for those permits.  He said it is very tough and the                                                               
attractiveness of federal management is evident to Native villages.                                                             
He cautioned legislators to be careful of the wording in a                                                                      
constitutional amendment because no one wants to spend two or three                                                             
years in court over terms like "reasonable opportunity."  Villagers                                                             
have fought the state for ten years on that definition.  He also                                                                
cautioned that the Legislature needs to resolve this issue with the                                                             
Native people now.                                                                                                              
                                                                                                                                
SENATOR PETE KELLY maintained that the topic of shortages caused by                                                             
poor management has been raised several times during this special                                                               
session, such as the five day moose hunting season.  He asked Mr.                                                               
Johns to encourage rural lawmakers to support the override of the                                                               
Governor's veto on SB 74, which would give a preference to good                                                                 
game management over wolves in Alaska.                                                                                          
                                                                                                                                
MR. JOHNS said he is with Senator Kelly on that but his Native                                                                  
brothers will not be at the table because the subsistence issue is                                                              
still under discussion.                                                                                                         
                                                                                                                                
SENATOR KELLY remarked that Alaska will have subsistence for wolves                                                             
rather than subsistence for the Native people.  He noted that he is                                                             
concerned that rural lawmakers should be at the table.                                                                          
                                                                                                                                
MR. JOHNS maintained that rural lawmakers need the Native coalition                                                             
to stand behind the issues that should be discussed, one of them                                                                
being predator control.                                                                                                         
                                                                                                                                
SENATOR MACKIE asked Mr. Johns if he served on the Board of Game.                                                               
                                                                                                                                
MR. JOHNS said he served one term.                                                                                              
                                                                                                                                
SENATOR MACKIE stated that Mr. Johns is uniquely qualified to                                                                   
comment on this topic.  He asked Mr. Johns what red flags he sees                                                               
if the federal government takes over management of Alaska's                                                                     
fisheries on October 1.                                                                                                         
                                                                                                                                
MR. JOHNS replied he sees years of non-cooperation between state                                                                
and federal managers and he feels the younger generation will be                                                                
the losers.  The federal managers are likely to implement laws and                                                              
regulations that will provide for grandfather rights which will                                                                 
make many ineligible.  He noted that may be good for today's                                                                    
villagers, but not future generations, which is why he feels it is                                                              
critical that the state protect Native villages now.                                                                            
                                                                                                                                
SENATOR LINCOLN referred to Senator Kelly's comment about rural                                                                 
legislators support of SB 74, and commented that she has not been                                                               
pressured by the Governor and she objects to that kind of a blanket                                                             
statement.  She also noted that a statement was made that implied                                                               
that ANILCA does not provide for cultural and traditional aspects                                                               
of subsistence.  She asked Mr. Johns whether he believes that                                                                   
Congress would open up ANILCA to make only those changes.                                                                       
                                                                                                                                
MR. JOHNS said he does not believe so because too many things are                                                               
tied to ANILCA, for example mining and development.                                                                             
                                                                                                                                
SENATOR TAYLOR asked Mr. Johns, as a former member of the Board of                                                              
Game, who is taking care of the resource if, under federal                                                                      
management, the Nilchina caribou herd has crashed yet subsistence                                                               
permit holders can still take two caribou per season.  He asked how                                                             
far the herd will have to be depleted before the federal government                                                             
decides there are not enough animals left for anyone to kill.                                                                   
                                                                                                                                
MR. JOHNS said if you invite Fairbanks and Anchorage in to hunt, as                                                             
in the days of state management in the 1960's, the herd will be cut                                                             
to nothing.                                                                                                                     
                                                                                                                                
SENATOR TAYLOR said that the only people who can hunt that herd                                                                 
today are subsistence qualified people.                                                                                         
                                                                                                                                
MR. JOHNS remarked that the problem in that area is that there are                                                              
too many hunters for that herd and that urban hunters come in.  He                                                              
noted there was a four day open registration hunt one year and                                                                  
during that hunt 4,000 caribou were shot in 3+ days.                                                                            
                                                                                                                                
CHAIRMAN HALFORD interjected and said he thought both Senator                                                                   
Taylor and Mr. Johns are right.  He clarified that Senator Taylor                                                               
is saying that the state closed hunting of that herd while Mr.                                                                  
Johns is saying that when it was open, there was so much capacity                                                               
in hunters that they could take the harvestable surplus in  no time                                                             
at all.                                                                                                                         
                                                                                                                                
SENATOR TAYLOR remarked that he agrees with Mr. John and said that                                                              
as a Wrangell hunter, he qualifies under subsistence to go shoot                                                                
two of the Nilchina caribou under federal law.  He said he does not                                                             
believe it is his place to go to that area and shoot a caribou out                                                              
of someone's backyard.  He repeated that his concern was who will                                                               
take care of the resource and, that under ANILCA, the federal                                                                   
managers will work off of a viability standard rather than a                                                                    
sustained yield standard.  He explained that a viable population                                                                
can be considered a handful of breeding cows and bulls.  That                                                                   
aspect of ANILCA frightens him and he agrees that the next                                                                      
generation will suffer.                                                                                                         
                                                                                                                                
MR. JOHNS asked committee members not to make the assumption that                                                               
he is in total support of federal management.  He clarified that he                                                             
was saying that federal management is better suited for the five                                                                
villages in his area at this time because the state has not been                                                                
doing its job in doe protection.  He stated that he encourages                                                                  
everyone to hunt, but when there is so much pressure on a herd that                                                             
the hunt must be shut down, it is not the urban people who suffer,                                                              
it is the villagers within that area.  He repeated that his concern                                                             
is one of protection for villagers so that they can put food on the                                                             
table.                                                                                                                          
                                                                                                                                
Number 207                                                                                                                      
                                                                                                                                
DEWEY GEORGE, testifying on his family's behalf, made the following                                                             
comments.  Mr. George distributed copies of a letter he wrote to                                                                
Lt. Governor Fran Ulmer to committee members.  His concern is for                                                               
the preservation of a culture and for the preservation of wildlife                                                              
populations.  The federal policy focusses on protecting rural                                                                   
residents, Native and non-Native alike.  The state policy leans                                                                 
toward protecting economic interests.  He proposes a state policy                                                               
that focuses on the protection and preservation of the Native                                                                   
cultures of the State of Alaska.  Such a policy may force federal                                                               
managers to rewrite their own policies.  He has no interest in                                                                  
excluding non-Native residents of the State of Alaska.  His                                                                     
proposal would give all Natives the right to subsistence as a way                                                               
of life by virtue of their ancestry.  For non-Natives who wish to                                                               
continue practicing a subsistence way of life, they should be given                                                             
the right to continue their lifestyle by way of a license or                                                                    
permit.  He does not believe any Alaska resident, Native or non-                                                                
Native, does or should have any intent to harm what remains of the                                                              
Native culture.  The present federal and state policies are both                                                                
missing the target.                                                                                                             
                                                                                                                                
CHAIRMAN HALFORD commented that he does not believe that the state                                                              
can differentiate between Natives and non-Natives in its                                                                        
Constitution and provide a different licensing scheme.  The federal                                                             
government can because of specific provisions in the federal                                                                    
Constitution.  There may be ways that the state could deal with the                                                             
federal mandate.                                                                                                                
                                                                                                                                
MR. GEORGE informed committee members that he left a more detailed                                                              
proposal with the Attorney General's Office yesterday.  He said                                                                 
that he does not believe that anyone wants a federal takeover, so                                                               
he urged legislators to make their decisions based on principle.                                                                
                                                                                                                                
Number 132                                                                                                                      
                                                                                                                                
GLORIA STICKWAN, subsistence coordinator for the Copper River                                                                   
Native Association, made the following comments.   She lives in the                                                             
Ahtna region and believes federal management will work best for                                                                 
that area, however she believes a legislative solution on the                                                                   
subsistence priority needs to be found.  The Southcentral Regional                                                              
Advisory Council currently submits proposals to the Federal                                                                     
Subsistence Board and those proposals are accepted unless a sound                                                               
conservation reason not to accept them exists.  Seven villages in                                                               
her area will be directly affected by federal management because                                                                
they are adjacent to the Wrangell St. Elias Park Preserve.  She                                                                 
believes the word "may" in SJR 201 should be changed to "shall" so                                                              
that the legislature does not have the option of granting the rural                                                             
priority.  She agrees with Mr. Johns that the term "reasonable                                                                  
opportunity" does not ensure protection to villagers.  Her area is                                                              
heavily impacted by urban hunters who use ATVs to cover many off-                                                               
road miles.  The villagers do not use those so must hunt along the                                                              
road system.  The villagers are afraid they will be shot at if they                                                             
venture off the road.                                                                                                           
                                                                                                                                
Number 42                                                                                                                       
                                                                                                                                
LYNN LEVENGOOD, a member of the Alaska Wildlife Conservation                                                                    
Association and Fairbanks attorney, distributed a copy of a                                                                     
proposed constitutional amendment and a paper regarding Alaska's                                                                
sovereign authority to manage its resources within its submerged                                                                
lands and waters.                                                                                                               
                                                                                                                                
TAPE 99-38, SIDE A                                                                                                              
                                                                                                                                
MR. LEVENGOOD gave the following testimony.  The issue at hand is                                                               
Alaska's sovereignty versus federal intrusion.  The proposed                                                                    
solution by this Governor is that we divide Alaskans among                                                                      
Alaskans.  The Attorney General testified yesterday before the                                                                  
House Resources Committee, and what he did not say was much more                                                                
important than what he did say.  The Governor's transmittal letter                                                              
says that on October 1, Alaska will lose the right to manage a                                                                  
significant portion of Alaska's fish and wildlife.  That is not a                                                               
true statement.  With the Statehood Compact and the Submerged Lands                                                             
Act, Alaska received sovereignty and the sovereign ability and                                                                  
ownership of the submerged lands and the water, and all of the                                                                  
wildlife resources contained in those lands and waters.  Alaska's                                                               
sovereignty gives it the ability to manage and allocate those                                                                   
resources.  Congress does not have the ability to take away the                                                                 
sovereignty of the State of Alaska.  Moreover, ANILCA does not                                                                  
provide for any management authority within it.  The only authority                                                             
the Secretary of Interior has if Alaska is not in compliance with                                                               
ANILCA is to go to the federal courts.                                                                                          
                                                                                                                                
Yesterday, Attorney General Botelho was asked a question by a House                                                             
Resources Committee member regarding the member's wife who was of                                                               
Native heritage.  He asked whether his wife, who lives in Juneau,                                                               
would become a second class citizen.  The Attorney General replied                                                              
that her ability to harvest wildlife resources will come via some                                                               
sort of proxy or educational permit.  MR. LEVENGOOD noted that was                                                              
a judicial admission that the scheme created by SJR 201 is to, in                                                               
fact, create second class citizens because to require one group of                                                              
citizens to get a special educational or proxy permit automatically                                                             
determines that their citizenship and equality is of a lesser                                                                   
standard than others.  Attorney General Botelho did not tell the                                                                
committee that a very viable alternative is for the Legislature to                                                              
do nothing and, if the federal government attempts to take over                                                                 
fisheries management in the State of Alaska on October 2, a direct                                                              
action should be filed in the U.S. Supreme Court.                                                                               
                                                                                                                                
MR. LEVENGOOD cited U.S. Supreme Court v Alaska, USA 4-1975, a case                                                             
brought by the United States government regarding the submerged                                                                 
lands beneath Cook Inlet:                                                                                                       
                                                                                                                                
     It would appear that this case qualifies under Article III                                                                 
     Section 2 of the U.S. Constitution for original jurisdiction.                                                              
                                                                                                                                
MR. LEVENGOOD cited United States v West Virginia 295 U.S. 463-                                                                 
1935:                                                                                                                           
                                                                                                                                
     We are not enlightened as to why the United States chose not                                                               
     to bring this as an original action in the U.S. Supreme Court.                                                             
                                                                                                                                
MR. LEVENGOOD said the issue before the Legislature, which is the                                                               
title and ownership of the submerged lands and waters, has already                                                              
been to the Supreme Court who said any future disputes should come                                                              
to them directly.  If Alaska goes that route, finality will be                                                                  
reached within two years.  If SJR 201 is passed by the Legislature,                                                             
it will not reach a vote of the people because it qualitatively and                                                             
quantitatively touches at least 13 sections of the Alaska                                                                       
Constitution.  Most importantly, it does not satisfy ANILCA.  SJR
201 contains the word "may" which makes it volitional; and it                                                                   
contains the words "to" and "among" which creates additional                                                                    
divisions.  Furthermore, Mr. Levengood read a portion of the final                                                              
regulations in the Federal Register:                                                                                            
                                                                                                                                
     Should the Secretary of the Interior certify before October 1,                                                             
     1999 that the State of Alaska has passed a bill or resolution                                                              
     to amend the Constitution of the State of Alaska that, if                                                                  
     approved by the electorate would enable the implementation of                                                              
     state laws consistent with and provide for the definition,                                                                 
     preference, and participation described in Sections 803, 804,                                                              
     805 of ANILCA, then these regulations will be held in abeyance                                                             
     until December, 2000.                                                                                                      
                                                                                                                                
MR. LEVENGOOD maintained that the federal regulations will come                                                                 
into effect on either October 1, 1999 or December 1, 2000.  If they                                                             
come into effect October 1, there will be a potential 600,000                                                                   
causes of action against the federal government, one for each                                                                   
Alaska resident, for taking Alaska's resources away from its                                                                    
citizens.  More importantly, the federal government will be                                                                     
attempting to manage on only federal lands, with federal dollars,                                                               
and federal personnel.  If Alaska passes a constitutional                                                                       
amendment, the Stevens Amendment requires that amendment be of                                                                  
general applicability.  To even attempt to satisfy the Stevens                                                                  
Amendment, Alaska's law would have to be a general law                                                                          
incorporating all of the lands within the State of Alaska, not just                                                             
federal lands.  Then, Alaska would be regulating based upon the                                                                 
federal rules and federal regulations, with state dollars, state                                                                
payrolls, state enforcement but no state management because the                                                                 
Federal Subsistence Board will set the hunting and fishing seasons.                                                             
Mr. Levengood noted that the Federal Subsistence Board has already                                                              
shown that it is not interested in cooperative management with the                                                              
state.                                                                                                                          
                                                                                                                                
MR. LEVENGOOD indicated that the mechanism to divide pits Alaskans                                                              
against Alaskans and implicates 13 sections of the state                                                                        
constitution.  Most of those sections contain the individual                                                                    
constitutional rights of each and every Alaskan.  Those rights are                                                              
recognized by our constitution, and provided by our constitution.                                                               
They cannot be taken away by our government and they are not                                                                    
subject to popular vote.                                                                                                        
                                                                                                                                
MR. LEVENGOOD asserted that the best action is to take no action                                                                
and to keep open every avenue available to this government to                                                                   
challenge federal intrusion on Alaska's sovereignty.  If this issue                                                             
goes before the Supreme Court and it decides that ANILCA, or                                                                    
portions of it, are constitutional, Alaska can always comply at a                                                               
later date.  Mr. Levengood emphasized that the only result of a                                                                 
vote by the electorate would be the delay of implementation of                                                                  
federal regulations, and that the only way to get state management                                                              
back is for Congress to amend ANILCA.  He believes the Legislature                                                              
has no choice but to defend Alaskan sovereignty, its Constitution,                                                              
and the individual rights of its citizens.                                                                                      
                                                                                                                                
SENATOR TAYLOR asked Mr. Levengood to explain what the word                                                                     
"takeover" means when associated with the federal takeover on                                                                   
October 1.                                                                                                                      
                                                                                                                                
MR. LEVENGOOD remarked that term of art probably has as many                                                                    
meanings as the number of speakers who utter it, however, according                                                             
to the federal register, federal regulations will take effect, but                                                              
as far as subsistence goes, the regulations say there will be very                                                              
little initial impact by the federal government.                                                                                
                                                                                                                                
SENATOR TAYLOR asked, assuming SJR 201 is adopted even though it is                                                             
not in compliance with ANILCA and violates Ulmer v Bess, what law                                                               
the state will be enforcing if a constitutional amendment passes.                                                               
                                                                                                                                
MR. LEVENGOOD replied that all state lands would be affected, not                                                               
just federal lands.                                                                                                             
                                                                                                                                
SENATOR TAYLOR asked if, by passing the constitutional amendment,                                                               
the jurisdiction of the federal law will be expanded, so that the                                                               
same discriminatory enforcement will apply to state and private                                                                 
lands.                                                                                                                          
                                                                                                                                
MR. LEVENGOOD said, "Absolutely, and that basically then closes the                                                             
door to then challenge the state-federal sovereignty issue because                                                              
we have now passed state law that adopts the federal law and                                                                    
regulations into state law, so the state-federal issue goes away.                                                               
Some legal scholars will tell me that portions of it still exist,                                                               
but large portions of it would be lost and would not be able to be                                                              
litigated in court."                                                                                                            
                                                                                                                                
SENATOR TAYLOR asked if we go along with this group that wants to                                                               
embrace the federal law, we will end up having to enforce the same                                                              
law that the federal agencies would have to enforce.                                                                            
                                                                                                                                
MR. LEVENGOOD said they are the same and are spelled out in the                                                                 
Federal Register and they will be enforced in either October of                                                                 
1999 or December of 2000.  Thereafter, changes will be made by the                                                              
Federal Subsistence Board and regional boards set up under the                                                                  
program.  Because these regulations provide for discriminatory                                                                  
treatment of citizens, the State of Alaska is subject to lose up to                                                             
$40 million per year in Dingell-Johnson-Pittman-Robinson funds                                                                  
because those funds cannot be utilized in areas where equality is                                                               
not the rule of law.  The State of Alaska may still be able to                                                                  
receive the funds but not expend them on certain areas.                                                                         
                                                                                                                                
SENATOR TAYLOR asked Mr. Levengood if he knows of any legal                                                                     
scholars in Alaska who disagree with the legal statements Mr.                                                                   
Levengood made about ANILCA and the congressional record.  He noted                                                             
that lawyers read ANILCA to say that people, of any racial                                                                      
background, living in a community that is too large, who attempt to                                                             
exercise their right of subsistence, will be arrested.  He added                                                                
that he would rather resist federal encroachment and protect the                                                                
citizens of Alaska.                                                                                                             
                                                                                                                                
MR. LEVENGOOD said he does not know of any contrary interpretations                                                             
regarding implementation of ANILCA, however regarding extra-                                                                    
territoriality, the buzz word is Kleppe v. New Mexico, and in the                                                               
appeal of the Katie John case before the Ninth Circuit Court.                                                                   
Kleppe enabled the federal government to protect an endangered                                                                  
species on state, federal and private lands in New Mexico.  It                                                                  
provided the federal government with protective authority only, no                                                              
management or allocation authority.  The issue in Alaska is one of                                                              
title: who owns the wildlife resources.  The Submerged Lands Act                                                                
and the Statehood Compact are clear on that question but no case                                                                
law exists that allows the federal government an allocation                                                                     
authority.  In the Katie John appeal, the Court determined that the                                                             
federal government only has an interest in unappropriated, or                                                                   
reserved, waters.  That decision clearly avoided any title or                                                                   
allocation issues.                                                                                                              
                                                                                                                                
Number 358                                                                                                                      
                                                                                                                                
SENATOR WILKEN asked Mr. Levengood to expand on the information on                                                              
page 5 regarding two recent U.S. Supreme Court decisions on                                                                     
navigable waters.  He asked if the premise is that the power of                                                                 
Alaska's Constitution trumps the power of Congress or the Governor                                                              
or a Legislature.  He noted if that is the case, the Legislature                                                                
should not be meeting in special session.                                                                                       
                                                                                                                                
MR. LEVENGOOD said the strongest case is the 1992 U.S. Supreme                                                                  
Court case of New York v. United States.   That court decided that                                                              
Congress cannot expand its authority nor do the states have the                                                                 
ability to diminish their authority.  That case determined that                                                                 
neither the Governor, Legislature, nor the people have the power to                                                             
expand or contract sovereignty.  He noted that the only way that he                                                             
is aware of extending sovereignty is through a purchase.  There is                                                              
no overlap of sovereign authority, there is only a dividing line.                                                               
                                                                                                                                
Regarding the navigable waters issue, two Supreme Court cases                                                                   
address that issue:  the 1997 Idaho-Coeur d'Alene case which says                                                               
that the lands underlying navigable waters have historically been                                                               
considered sovereign lands to which state ownership is considered                                                               
an essential element of state sovereignty; and almost identical                                                                 
language was contained in the decision in the Dinkum Sands case                                                                 
(United States v. Alaska), written by Supreme Court Justice Sandra                                                              
Day O'Connor.  Since 1996, the U.S. Supreme Court has been states'                                                              
rights oriented in its decisions, and clearly so on the submerged                                                               
lands issue.                                                                                                                    
                                                                                                                                
Number 408                                                                                                                      
                                                                                                                                
Gilbert Bent (ph) from Allakaket made the following comments.                                                                   
Watching how this system works has been an unbelievable experience                                                              
for him.  Subsistence is very important for Native people, and the                                                              
Legislature must understand that because Native people must live                                                                
under legislative guidelines.  The system is in decline; the number                                                             
of hunters versus the number of game will not allow the current                                                                 
system to last for long.  And, by the time the Legislature makes a                                                              
decision, no game will be left.  Native people need the subsistence                                                             
priority.  His lifestyle is completely different from legislators                                                               
and he needs his rights.                                                                                                        
                                                                                                                                
GABE SAM, Director of Wildlife and Parks for the Tanana Chiefs'                                                                 
Conference (TCC), gave the following testimony.  Information is                                                                 
being exchanged rapidly and everyone is trying to decipher what it                                                              
means, but he has been hearing about a federal takeover and co-                                                                 
management, and for the record, the program that he supervises is                                                               
working on a co-management project with the U.S. Fish and Wildlife                                                              
Service already, and the venture has been successful.  On the other                                                             
hand, he has been having a difficult time working with ADFG in                                                                  
sorting out the problems he is having with the big game                                                                         
populations, for example predator control.  He hopes the                                                                        
Legislature will overturn the Governor's veto of the predator                                                                   
control bill.  However, in some areas of the state, particularly                                                                
19D East, even if the wolf predation control program is                                                                         
implemented, it may be too late.  Other parts of the region are                                                                 
feeling the effects of the lack of strict regulations on the big                                                                
game guiding industry and the problems are escalating.  He has been                                                             
unable to make any headway on the issue with state officials, but                                                               
has been promised by the U.S. Fish and Wildlife Service that they                                                               
will be responsive.                                                                                                             
                                                                                                                                
VICE-CHAIR TAYLOR asked if TCC has a co-management agreement with                                                               
the U.S. Fish and Wildlife Service to do some predator control.                                                                 
                                                                                                                                
MR. SAM said not for predator control, the co-management agreement                                                              
is on fisheries and had been in existence for three years. TCC is                                                               
also working on some projects on the Yukon River with the                                                                       
Canadians.  He added that the subsistence way of life for Natives                                                               
is hanging in the balance right now, and it is up to legislators to                                                             
make the decision.  Many villagers paid their own way to come to                                                                
Juneau to speak on this issue, and more wanted to come but could                                                                
not afford to.                                                                                                                  
                                                                                                                                
VICE-CHAIR TAYLOR asked, on the wolf control issue, whether TCC has                                                             
faith that the U.S. Fish and Wildlife Service will do something to                                                              
help TCC on that issue.  He noted that the same agency took away                                                                
about half of the timber harvesting ability in the Tongass National                                                             
Forest to protect it as a habitat conservation area to preserve the                                                             
Southeast Archipelago wolf.                                                                                                     
                                                                                                                                
MR. SAM replied that he was speaking of the big game guiding                                                                    
operations in the refuge.  One of the main problems in that area is                                                             
that there are too many hunters.  He said the rural subsistence                                                                 
right to hunt and fish will be protected under the terms of ANILCA                                                              
and the U.S. Fish and Wildlife Service will enforce that.  He added                                                             
that federal implementation is looking more attractive to TCC.                                                                  
                                                                                                                                
SENATOR WILKEN commented that Mr. Sam's testimony troubles him                                                                  
because the Governor's proposal will prevent Mr. Sam and his son                                                                
from hunting because they do not live in rural areas.  He asked Mr.                                                             
Sam if that bothers him.                                                                                                        
                                                                                                                                
MR. SAM stated that he gave up a lot when he left his village in                                                                
1992 to attend the University of Alaska Fairbanks.  He said he gave                                                             
up his right to hunt and fish in his village.  He wanted to work to                                                             
protect rural peoples' way of life because they choose to live that                                                             
way of life.  He said that now that he lives in Fairbanks, he sits                                                              
on the Board of the Fairbanks Native Association, in hopes of                                                                   
building better community relations among Native people and the                                                                 
community.  He noted that he has made the choice to remain in                                                                   
Fairbanks, but he is willing to protect the rights of the people                                                                
who have chosen to live a subsistence lifestyle.                                                                                
                                                                                                                                
Number 583                                                                                                                      
                                                                                                                                
RICHARD LUNDAHL, a commercial fishermen from Pelican, made the                                                                  
following comments.  He first became aware of ANILCA in 1977 when                                                               
a public hearing was held by the Forest Service in Pelican.  He                                                                 
became involved politically with the issue when the state had a                                                                 
meeting for advisory committee chairs about subsistence, in about                                                               
1980.  Pelican residents were opposed to the idea of subsistence at                                                             
the time because they disapproved the return to federal management.                                                             
He believes the state must do four things:  it must take action                                                                 
immediately which means that the state cannot wait to amend the                                                                 
Constitution; it must pass legislation that satisfies all                                                                       
constituents;  it must pass legislation that satisfies the federal                                                              
courts; and fourth, it must pass legislation that satisfies the                                                                 
state court.  He presented a bill that he drafted that meets the                                                                
four criteria.  The bill's premise is that a priority is to be made                                                             
for personal or family consumption of the resources for food, fuel,                                                             
transportation, clothing, etc.  The second priority is that the                                                                 
uses of the non-edible portions of the resources are to be used for                                                             
handicrafts, and the third premise is that the resources should be                                                              
used for barter.  Barter is defined as a non-commercial activity.                                                               
The fourth use listed in the bill is customary trade.                                                                           
                                                                                                                                
MR. LUNDAHL noted that the bill he drafted considers rural to mean                                                              
"isolated" and he divided than into two categories.  The first is                                                               
a location which requires a person to take a plane or boat to a                                                                 
city with any size population.  The second is a semi-isolated town                                                              
in which a person could get on a major airline with one boarding                                                                
and go to Seattle.                                                                                                              
                                                                                                                                
MR. LUNDAHL noted the second major point of contention is customary                                                             
trade, because half of the people in this state make their living                                                               
from the wild resources.  Pelican would have no residents after one                                                             
year if commercial fishing were to cease.  Two-thirds of Pelican's                                                              
population has left since its cold storage closed three years ago.                                                              
If, on the other hand, sport fishing were to close tomorrow, a few                                                              
people would be hurt but the town would continue just the same.                                                                 
                                                                                                                                
MR. LUNDAHL explained that he defined the four subsistence uses in                                                              
the draft bill as personal subsistence use fishermen, personal                                                                  
handicraft subsistence use, subsistence barterer, and a customary                                                               
subsistence trade commercial fisherman.  He defined customary trade                                                             
as being anything the state has legally allowed, licensed, or                                                                   
permitted up to this date.  For example, the state has issued                                                                   
limited entry permits, therefore commercial fishing with such                                                                   
permits would be considered customary trade.  In 1960, ADFG had a                                                               
commercial fisheries division and that division had a subsistence                                                               
section.  That was changed with the advent of ANILCA; commercial                                                                
fishing became a part of subsistence rather than the other way                                                                  
around.  Mr. Lundahl's proposed bill also sets up criteria for a                                                                
priority of who would be able to fish during different closures.                                                                
In Pelican, for example, the personal use fishers who use the catch                                                             
for food for their families or for clothing would be given top                                                                  
priority.  The second priority would go to both the Juneau personal                                                             
use fishers, which would include handicraft subsistence users and                                                               
barterers.  Customary trade of the commercial fishers would kick in                                                             
at the same time as the Juneau personal use fishers.  The third                                                                 
priority would be given to the Pelican sports fishers and the                                                                   
Juneau commercial fishers.                                                                                                      
                                                                                                                                
MR. LUNDAHL said that his plan would meet the requirements of                                                                   
ANILCA because the priorities fit under the four uses for                                                                       
livelihood.  He noted the limited entry program complies with                                                                   
ANILCA.  He emphasized that many problems would be eliminated by                                                                
placing commercial fishing under customary trade.                                                                               
                                                                                                                                
CHAIRMAN HALFORD asked Mr. Lundahl what would happen to the sale of                                                             
limited entry permits under this scenario.                                                                                      
                                                                                                                                
MR. LUNDAHL stated, "I think they would migrate back to the                                                                     
villages because if you ever had a subsistence priority and started                                                             
to kick out people, you wouldn't kick them out, you'd just say,                                                                 
well you've still got your permit but you can't fish it this year                                                               
because we've got a real problem."                                                                                              
                                                                                                                                
CHAIRMAN HALFORD surmised that the sale of limited entry permits                                                                
would disappear.                                                                                                                
                                                                                                                                
MR. LUNDAHL said he thinks the Seattle fishermen would not be able                                                              
to fish and the value would go down, but the Angoon or Pelican                                                                  
fishermen would want to buy those permits.                                                                                      
                                                                                                                                
MR. LUNDAHL commented that he thinks such a bill would comply with                                                              
Alaska's Constitution because it was amended in 1970 when limited                                                               
entry was established.  That amendment created the "no exclusive                                                                
right of fishery" provision.  He stated his proposed bill would                                                                 
comply with ANILCA because it is designed to prevent economic                                                                   
distress.  When limited entry was established, many people involved                                                             
in the fishery were suddenly excluded because they did not fish                                                                 
during the qualifying years.                                                                                                    
                                                                                                                                
CHAIRMAN HALFORD asked Mr. Lundahl to provide the committee with a                                                              
copy of his proposal so that it could be distributed to members and                                                             
analyzed.                                                                                                                       
                                                                                                                                
MR. LUNDAHL remarked that his proposal is capable of solving the                                                                
subsistence dilemma this week.  He said he fears a federal takeover                                                             
because it could destroy the commercial fishing industry and the                                                                
town of Pelican.                                                                                                                
                                                                                                                                
CHAIRMAN HALFORD thanked Mr. Lundahl for his presentation.                                                                      
                                                                                                                                
Number 449                                                                                                                      
                                                                                                                                
DONNE FLEAGLE, a resident of McGrath, made the following comments.                                                              
She was raised five miles from McGrath on her late mother's Native                                                              
allotment.  Historically, indigenous people worldwide have not had                                                              
equal opportunities or the ability to govern themselves once a                                                                  
dominant society moved in.  During a visit to Botswana two years                                                                
ago, she saw the bushmen being moved out of wildlife refuges                                                                    
because their cultures are incompatible with the rules of the                                                                   
refuges.  She is from game unit 19D East which is on state land.                                                                
The moose population has declined and four years ago the Governor                                                               
visited the area and worked the Board of Game process.  An                                                                      
initiative went into effect and removed one of the most successful                                                              
management tools available to that area based on terrain.  The                                                                  
ADF&G has failed to manage that area based on a sustained yield                                                                 
principle.  She would like to believe that all men are created                                                                  
equal, however in reality, a person's ability to hunt where they                                                                
want depends on how much money they have and what their resources                                                               
are.  She sees state government as a centralized, political                                                                     
structure; one that is disenfranchising more and more people.  She                                                              
finds it sad that more money has been spent on Minnesota Drive in                                                               
Anchorage than in all of rural Alaska.  The intellectual debate                                                                 
that has occurred over the last years regarding subsistence does                                                                
not concern her because she will continue to teach her children as                                                              
she was taught, despite whether she is a law-abiding citizen or                                                                 
not.  Her way of life was practiced before statehood, and will be                                                               
practiced in the future.  She asked Senators to vote to override                                                                
the Governor's veto of SB 74.  She noted the moose to wolf ratio is                                                             
as bad as it can get and she faults state management.                                                                           
                                                                                                                                
Number 376                                                                                                                      
                                                                                                                                
HJALMAR OLSON, a resident of Dillingham, gave the following                                                                     
testimony.  He has been hunting and fishing in the state for almost                                                             
60 years.  In the late '60s through the '70s, the Alaska Peninsula                                                              
was a haven for hunters.  The villagers got all of the meat they                                                                
wanted.  As the population of the state increased and non-resident                                                              
hunters came into the area on booked hunts, the caribou and moose                                                               
herds declined.  Villagers now have to travel a long way to get a                                                               
moose, and some do not get them.  This year, he heard several                                                                   
complaints about the tier 2 hunt in that area.                                                                                  
                                                                                                                                
CHAIRMAN HALFORD asked Mr. Olson if he was referring to the                                                                     
Northern Peninsula caribou herd.                                                                                                
                                                                                                                                
MR. OLSON said yes, before they merged with the Malchatna (ph)                                                                  
caribou herd.  As the pressure on the herd increased, the hunters                                                               
moved to the King Salmon area.  As that area declined, the two                                                                  
herds mingled, and the herd now consists of about 250,000 animals                                                               
that have moved West toward Dillingham, Togiak, and Holy Cross.                                                                 
The upper part of Unit 17B, around the Malchatna River and Nushagak                                                             
River, has become a haven for big game hunters.  The locals do not                                                              
go to that area anymore.  He urged Senators to look at what will                                                                
happen to the people who live in these areas and the herds if the                                                               
people are not given a preference when the game numbers are down.                                                               
He noted the same impact is happening caused by the sport fishery                                                               
in rural areas.  He believes the local people in an area should                                                                 
have the first right to take fish and game when those populations                                                               
are down.                                                                                                                       
                                                                                                                                
CHAIRMAN HALFORD clarified that Mr. Olson was speaking to a local                                                               
preference rather than a rural preference.                                                                                      
                                                                                                                                
MR. OLSON said that he was referring to a rural preference.                                                                     
                                                                                                                                
CHAIRMAN HALFORD explained that under the federal law, Senator                                                                  
Taylor, who is a resident of a rural area in Southeast Alaska,                                                                  
would be given the same rural preference as any other rural                                                                     
resident in an area north of Fairbanks.  He noted that the question                                                             
of a rural preference versus a local preference has been discussed                                                              
and that the House looked at providing a local preference.                                                                      
                                                                                                                                
MR. OLSON said that the fish and game belong to Alaskans first, not                                                             
non-residents.  That industry is exploding.                                                                                     
                                                                                                                                
CHAIRMAN HALFORD stated that ADF&G says that the increase in the                                                                
volume in the number of hunters and fishers is from air taxi                                                                    
operators.  He asked Mr. Olson if he had any thoughts on what the                                                               
regulatory structure should be to limit that harvest.  He added                                                                 
that some air taxi operators transport 300 hunters.                                                                             
                                                                                                                                
MR. OLSON replied the Upper Alchatna (ph) is a haven for hunters                                                                
and rafters and one sees hunters rafting all of the time.  They go                                                              
on a nine-day hunt but the meat from their prey spoils because they                                                             
do not have any way to preserve it during the trip.  He noted that                                                              
one air taxi operator transports about 50 hunters in one day.                                                                   
                                                                                                                                
Number 258                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD pointed out that some of the operators are local                                                               
people.                                                                                                                         
                                                                                                                                
CHAIRMAN HALFORD noted that no other participants wish to testify                                                               
at this time. He tentatively scheduled a Senate Resources meeting                                                               
for 2:00 p.m. on September 24.  He thanked all participants for                                                                 
attending.                                                                                                                      
                                                                                                                                
SENATOR GREEN referred to SJR 201, the Governor's letter of                                                                     
transmittal and the accompanying statute, and noted the phrase                                                                  
"Alaska Native" is never mentioned, yet most of the testimony                                                                   
focussed on subsistence for Alaska Natives.  She pointed out that                                                               
she represents an extraordinarily rural district, however it would                                                              
not be considered rural under the scheme of SJR 201.  She expressed                                                             
concern about how to provide a rural preference that could                                                                      
encompass rural residents in the Mat-Su Borough so that those                                                                   
people would be afforded the same ability to hunt as a resident of                                                              
Wrangell.  She pointed out that the only reference she has found to                                                             
rural residents was overturned in the McDowell case so that                                                                     
reference in Alaska statute is ineffective.  She questioned what                                                                
the definition means at this time.  She noted that the only                                                                     
reference to Alaska Natives is in ANILCA which refers continually                                                               
to the residents of Alaska.  ANILCA does distinguish between                                                                    
residents and non-residents as far as who should be given priority                                                              
in licensing, permitting, etcetera, but there is no mention that                                                                
there should be a distinction between constituents in varying                                                                   
districts.  She asked for help to clarify that issue.                                                                           
                                                                                                                                
CHAIRMAN HALFORD announced that the committee is tentatively                                                                    
scheduled to meet the next day.  He then adjourned the meeting at                                                               
5:14 p.m.                                                                                                                       

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