Legislature(1999 - 2000)
04/09/1999 03:10 PM Senate RES
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SENATE RESOURCES COMMITTEE
April 9, 1999
3:10 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
MEMBERS ABSENT
Senator Georgianna Lincoln
COMMITTEE CALENDAR
SB 91-ENFORCEMENT OF SUBSISTENCE LAWS
-MOVED CSSB 91(RES) OUT OF COMMITTEE
SB 90-STATE JURISDICTION OVER FISH & GAME
-MOVED CSSB 90(RES) OUT OF COMMITTEE
SJR 20-SAVE THE BEAVER IN WASH D.C.
-MOVED CSSJR 20(RES) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 90 - See Resources minutes dated 3/17/99.
SB 91 - See Resources minutes dated 3/17/99 and 3/22/99.
SJR 20 - No previous action to consider.
WITNESS REGISTER
Mr. Brett Huber, Aide
Senate Resources Committee
State Capitol Bldg.
Juneau, AK 99811-1182
POSITION STATEMENT: Commented on SB 91.
Lt. Howard Starbard
Division of Wildlife Protection
Department of Public Safety
453 S. Valley Way
Palmer, AK 99645
POSITION STATEMENT: Supported SB 91.
ACTION NARRATIVE
TAPE 99-22, SIDE A
Number 001
SB 91-ENFORCEMENT OF SUBSISTENCE LAWS
CHAIRMAN HALFORD called the Senate Resources Committee meeting to
order at 3:10 p.m. and announced SB 91 to be up for consideration.
MR. BRETT HUBER, Senate Resource Committee Aide, explained that the
proposed CS to SB 91, version I, has language added that was
suggested by the Department of Public Safety and is the same
language that was added to SB 68. This language appears on page 1,
line 14 and in subsection (c). It offers the Department of Public
Safety the opportunity to respond, "in unforeseen absence of
assistance from available federal source to avert a present and
substantial risk of physical harm to a person." It also exempts
the provisions of this bill from some of the current federal/state
relationships found in the Migratory Bird Treaty Act, the Pacific
Halibut Act, the Marine Mammal Protection Act, the Endangered
Species Act, the Magnuson Stevens Fishery Act, and the Pacific
Salmon Treaty.
LT. HOWARD STARBARD, Department of Public Safety, said the
committee substitute addresses their enforcement concerns and they
no longer oppose the bill.
SENATOR TAYLOR moved to adopt the CS to SB 91. There were no
objections and it was adopted.
SENATOR MACKIE moved to pass CSSB 91(RES) from committee with
individual recommendations. There were no objections and it was so
ordered.
SB 90-STATE JURISDICTION OVER FISH & GAME
CHAIRMAN HALFORD announced SB 90 to be up for consideration.
MR. HUBER explained that the proposed committee substitute has two
changes, but was not back from the drafters yet. In subsection
(d), it deletes "regardless of cost" and adds another section
exempting the provisions of this bill from federal/state
cooperative programs.
MR. HUBER said it was done in the same format as SB 91.
SENATOR MACKIE moved to adopt the CS to SB 90, version K, which the
committee had before them as the working draft. There were no
objections and it was adopted.
SENATOR MACKIE moved to remove "regardless of cost" on page 2, line
16 and insert the section from SB 91 which refers to the federal
acts exempted from the effect of the legislation. There were no
objections and the amendment was adopted.
SENATOR MACKIE said he had a possible concern on page 2, line 5
where it says, essentially, that the State of Alaska is the only
entity under which the federal government can transfer any type of
management to. He asked if it was the intent of this legislation
to effectively remove any possibility of co-management agreements
with anyone other than the State of Alaska.
SENATOR TAYLOR said yes and that is part of the problem. We do
have a constitutional standard that establishes who shall manage
fish and game in the State of Alaska. It's a constitutional
authority which the legislature cannot delegate from.
SENATOR MACKIE asked if there are any instances under which the
State or the federal government contract for any management of any
fish and game in the State currently.
SENATOR TAYLOR responded that he wasn't aware of any.
CHAIRMAN HALFORD said he knew that ministerial functions were
contracted, but not substantive decision making functions. He
asked Senator Taylor if he had a copy of the opinion on that issue.
SENATOR TAYLOR said he didn't have it with him. He said the real
question is one of who will have the discretionary authority to
make decisions about actual management policies.
Number 195
SENATOR MACKIE asked if we have the ability to deny the federal
government the ability to have a management agreement with anyone
they choose.
SENATOR TAYLOR said he thought we could to the extent that it
impacts state land and state waters. He thought we had the
ability, but the administration has refused to litigate it.
SENATOR MACKIE responded that until that is adjudicated, the
federal law allows for management by the federal government by an
Act of Congress if we're unable to resolve it.
CHAIRMAN HALFORD said he thought the federal law said they manage
subsistence harvest, not the whole resource. The debate is how
they pull that thread into the whole resource.
SENATOR MACKIE asked if the federal government takes over
management of fish and game and chose to enter into a management
agreement in one particular region, how would this statute play out
against that authority.
SENATOR TAYLOR said the federal government believes that Act of
Congress leads them to believe they cannot only enforce it on their
lands, but they can also extend off of their lands into state lands
and waters in an extra territorial fashion. He thought someone
would have to litigate the issue eventually.
SENATOR MACKIE noted that in a sense, they were passing a statute
that doesn't have any authority whatsoever.
Number 200
CHAIRMAN HALFORD said that federal law doesn't give management
authority, but a court case gave management authority.
SENATOR TAYLOR moved to pass CSSB 90(RES) from committee with
individual recommendations. There were no objections and it was so
ordered.
SJR 20-SAVE THE BEAVER IN WASH D.C.
CHAIRMAN HALFORD announced SJR 20 to be up for consideration.
SENATOR TAYLOR moved to adopt CS to SJR 20. There were no
objections and it was so ordered.
SENATOR TAYLOR said that there used to be lots of beaver in
Washington D.C., but they became extinct. Today they are no longer
extinct, because of the two beavers which are mow attempting to
establish a colony. He has reports of park personnel harassing
this "endangered species," removing its food supply, and attempting
to capture it in a clam type device.
SENATOR TAYLOR informed the committee that page 3, line 4 need to
be amended to add "beaver" after "tidal basin." Also, on line 8,
the word "adaptations" was not spelled correctly.
SENATOR TAYLOR moved his suggested amendments. There were no
objections and it was so ordered.
SENATOR TAYLOR moved to pass CSSJR 20(RES) from committee with
individual recommendations. There were no objections and it was so
ordered.
CHAIRMAN HALFORD adjourned the meeting at 4:45 p.m.
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