02/06/2006 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB166 | |
| HB37 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 166 | TELECONFERENCED | |
| + | HB 37 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
February 6, 2006
3:32 p.m.
MEMBERS PRESENT
Senator Thomas Wagoner, Chair
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
Senator Fred Dyson
Senator Bert Stedman
Senator Kim Elton
Senator Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 166
"An Act relating to an annual wildlife conservation tag;
relating to bond requirements for vendors of fish and game
licenses, permits, and tags; and providing for an effective
date."
HEARD AND HELD
CS FOR HOUSE BILL NO. 37(FIN) am
"An Act relating to voluntary land trades and purchases to
enhance public access to fishing streams."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 166
SHORT TITLE: WILDLIFE CONSERVATION TAG
SPONSOR(s): SENATOR(s) BUNDE
04/08/05 (S) READ THE FIRST TIME - REFERRALS
04/08/05 (S) RES, FIN
01/30/06 (S) RES AT 3:30 PM BUTROVICH 205
01/30/06 (S) Heard & Held
01/30/06 (S) MINUTE(RES)
02/06/06 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 37
SHORT TITLE: PUBLIC ACCESS TO FISHING STREAMS
SPONSOR(s): REPRESENTATIVE(s) GARA
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) FSH, RES
03/21/05 (H) FSH AT 8:30 AM CAPITOL 124
03/21/05 (H) -- Meeting Canceled --
03/23/05 (H) FSH AT 8:30 AM CAPITOL 124
03/23/05 (H) Heard & Held
03/23/05 (H) MINUTE(FSH)
04/15/05 (H) FSH AT 8:30 AM CAPITOL 124
04/15/05 (H) Moved CSHB 37(FSH) Out of Committee
04/15/05 (H) MINUTE(FSH)
04/18/05 (H) FSH RPT CS(FSH) NT 2DP 1DNP 2NR
04/18/05 (H) DP: ELKINS, THOMAS;
04/18/05 (H) DNP: SALMON;
04/18/05 (H) NR: KAPSNER, LEDOUX
04/18/05 (H) FIN REFERRAL ADDED AFTER RES
04/22/05 (H) RES AT 1:00 PM CAPITOL 124
04/22/05 (H) Moved CSHB 37(RES) Out of Committee
04/22/05 (H) MINUTE(RES)
04/25/05 (H) RES RPT CS(RES) NT 2DP 3NR
04/25/05 (H) DP: ELKINS, CRAWFORD;
04/25/05 (H) NR: OLSON, SAMUELS, LEDOUX
05/07/05 (H) FIN AT 2:00 PM HOUSE FINANCE 519
05/07/05 (H) Moved CSHB 37(FIN) Out of Committee
05/07/05 (H) MINUTE(FIN)
05/08/05 (H) FIN RPT CS(FIN) NT 3DP 6NR 1AM
05/08/05 (H) DP: CROFT, FOSTER, MOSES;
05/08/05 (H) NR: HAWKER, HOLM, STOLTZE, WEYHRAUCH,
JOULE, MEYER;
05/08/05 (H) AM: KELLY
05/09/05 (H) TRANSMITTED TO (S)
05/09/05 (H) VERSION: CSHB 37(FIN) AM
05/10/05 (S) READ THE FIRST TIME - REFERRALS
05/10/05 (S) RES, FIN
02/06/06 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SARAH GILBERTSON, Special Assistant
Alaska Department of Fish & Game
PO Box 25526
Juneau, AK 99802-5226
POSITION STATEMENT: Supported SB 166.
GEORGE REIFENSTEIN, General Manager
Mt. Roberts Tramway
Juneau AK
POSITION STATEMENT: Opposed SB 166.
DOROTHY WILSON
Coastal Helicopters
Juneau AK
POSITION STATEMENT: Opposed SB 166.
MIKE WINDRID, Director of Operations
Alaska Travel Adventures
Juneau AK
POSITION STATEMENT: Opposed SB 166.
JEREMY GIESER, Manager
Gastineau Guiding Company
Juneau AK
POSITION STATEMENT: Opposed SB 166.
ACTION NARRATIVE
CHAIR THOMAS WAGONER called the Senate Resources Standing
Committee meeting to order at 3:32:46 PM. Present were Senators
Seekins, Stedman, Dyson, Elton, Ben Stevens and Chair Wagoner.
3:33:49 PM
SB 166-WILDLIFE CONSERVATION TAG
CHAIR THOMAS WAGONER announced SB 166 to be up for
consideration.
SARAH GILBERTSON, Special Assistant, Alaska Department of Fish
and Game (ADF&G), said the department supported SB 166. She
said that SB 166 allows the department to collect user fees from
new sector among both residents and non-residents of the state
who benefit from the ADF&G.
She said that revenue generated by this bill would be deposited
into the Fish and Game Fund where it would be used for fish and
wildlife management. She said the department prepared amendments
that clarify who would be responsible for buying and selling the
tags that are proposed in the bill.
3:35:51 PM
SENATORS ALBERT KOOKESH and BEN STEVENS arrived.
MS. GILBERTSON noted a drafting error on page 1 and went on to
explain that a title change was required to exempt the Alaska
Marine Highway and the Alaska Railroad Corporation, concerns of
Senators Elton and Stedman. She explained that while the
amendment does not explicitly exempt the Inter Island Ferry, she
believes that it addresses the concerns they had about how the
bill would effect it.
3:36:05 PM
MS. GILBERTSON said that the first amendment corrects language
in page 1 in Section 6 and clarifies that the vendors selling
these tags would receive a one-dollar payment for every tag they
sell. As drafted, this section's language affects all fish and
game licenses and that was not the intent.
Housekeeping changes were made by renumbering page 2 to make it
consistent with other changes. Another change on page 2
clarifies that the tag is purchased annually and that purchasers
of Alaska commercial fishing permits, sport fishing and hunting
licenses would be exempt. So the terms "Alaska" and "issued by
the department" were added.
On page 5, line 18, "in actual possession" was deleted to
clarify the people who merely sell the tag are not liable for
checking a visitor for proof.
Language on page 5, line 19, through page 6, line 10, was
deleted and new language was inserted to clarify who is required
to purchase and sell the tags. This is where the Alaska
Railroad, the Marine Highway, rented passenger recreational
vehicles, non-stop flights listed in the Supplement to the
Airmen's Guide published by the FAA or a business engaged in the
carriage of persons by a method of transportation determined by
the commissioner by regulation not to have a significant
opportunity for viewing public wildlife are exempted.
"Not in captivity" was inserted on page 6, line 11, to cover
concerns about visiting zoos, fish hatcheries and wildlife
refuges. Language on lines 12 - 23 that refer to the
transportation industry were also deleted in an attempt to
clarify the bill. The effective date on page 7, line 14, was
changed from 2006 to 2007.
3:44:26 PM
SENATOR ELTON asked whether people on flights from Juneau to the
Taku River would be exempt from the tag requirement because the
service providers claim that the purpose of the flight is to
have a meal at the Taku River Lodge, not to see wildlife.
MS. GILBERTSON replied that many of the flight seeing providers
would have to be evaluated on a case-by-case basis.
SENATOR ELTON asked who would make that decision.
MS. GILBERTSON replied that the commissioner of the ADF&G would
determine which parties would be exempt from the requirements.
3:46:48 PM
SENATOR ELTON asked if the department supported having a
representative from the tourism industry on one of its boards
given the likelihood that a substantial part of the revenue
expected from this bill would come from that industry.
MS. GILBERTSON replied that she could not answer that question.
SENATOR ELTON commented that in the past, policy decisions have
been made according to the maxim that those that generate tax
revenue should have some representation in its management.
SENATOR DYSON asked if there are any lands in Alaska where this
bill would not apply.
MS. GILBERTSON said that it is the intent of the sponsor that
this bill would apply uniformly throughout the state.
3:48:13 PM
SENATOR DYSON asked if this fee would apply to federal parks,
Native lands, and federal forests.
MS. GILBERTSON clarified that anyone taking a commercial tour
that offers or advertises the opportunity of viewing wildlife
would be subject to the requirements of this bill.
3:49:28 PM
GEORGE REIFENSTEIN, General Manager, Mt. Roberts Tramway, said
that the passage of this bill would create logistical problems,
increase labor costs, and cause a loss of customers for his
business. He said that he did not understand how the passive
viewing of wildlife, a non-consumptive activity, could generate
management costs comparable to the consumptive activities for
which the ADF&G has traditionally required licenses.
SENATOR ELTON said that he is concerned that this bill will
place the tram operators in an awkward position in deciding
whether or not to allow the continuation of their raptor
viewing-program. Currently, people are not charged and he would
be disappointed to see such an opportunity to disappear from one
of the prime destinations in the state.
3:53:49 PM
DOROTHY WILSON said she owns Coastal Helicopters and opposed SB
166. She expressed her concern that imposing costs upon tourists
will negatively affect the perception of Alaska's potential
visitors. She added that she is also concerned about the
administrative burden that the distribution and collection of
tags will impose upon tourist companies.
She offered to sell tags in her gift shop that would be
purchased on a volunteer basis and offered to give the state 80
percent of the proceeds for the management of it's wildlife.
3:59:15 PM
MIKE WINDRID, Director of Operations, Alaska Travel Adventures,
opposed SB 166. He said that wildlife viewing is one of the most
attractive features to Alaskan visitors and imposing a tax on
wildlife viewing creates a major disincentive for entities
trying to market this feature.
4:03:27 PM
He said that a typical visitor already faces a heavy burden in
taxes and fees imposed to support local and state government.
He said that this bill would increase this burden and create a
large additional administrative cost. It would be a logistical
strain for tourist operators who must distribute and collect the
tags. He expressed concern that administering these tags to
guests will diminish the quality of their experience by
requiring them to fill out more paperwork.
4:07:47 PM
JEREMY GIESER, Manager, Gastineau Guiding Company, related that
visitors to Alaska only have a certain amount of time to have a
quality experience. The hardest thing in the visitor industry in
Juneau, specifically, is trying to give people a quality
experience when they only have five to eight hours in town. A
larger operator has 150 to 250 people coming off a ship to go on
a tour and all of them will need to have their tags verified
before they leave the dock in a short amount of time. He asked
what would happen if, out on the trail, one of their guests was
found without a tag and who would assume responsibility for that
guest. Would it be enforced?
4:12:28 PM
SENATOR BUNDE said that he received an email in support of SB
166 from Rick Riddel, dean of conservative talk shows in
Anchorage, pointing out that the tourist industry has an impact
on Alaska's fish and wildlife. He also received a phone call
from an outdoor writer from Minneapolis who had written an
Associated Press story on SB 166 saying that he would be happy
to pay an extra $5 to have a chance to view Alaskan wildlife.
SENATOR BUNDE explained that the tourist industry asks for more
money from the general fund every year to support their private
business and now when it has an opportunity to allow its
customers, who impact Alaska's fish and wildlife, to create a
return to the state, they don't want to.
4:14:31 PM
SENATOR STEDMAN asked how the system would work, particularly in
the cruise ship industry. He couldn't picture someone visiting
Alaska without wanting to look at the wildlife.
SENATOR BUNDE replied that the transportation industry would be
exempt, but if a business advertises wildlife viewing, it would
pay. Only one tag would be purchased per year.
SENATOR SEEKINS asked what method he envisioned being used to
demonstrate a tag had been purchased.
SENATOR BUNDE replied that he envisioned something like the
purchaser wearing a cloisonné pin.
4:18:07 PM
SENATOR SEEKINS wondered what would keep someone from handing a
pin with no particular identification on it to another person to
use as proof he had paid the fee and he asked what percentage of
ADF&G operating funds comes from hunting and fishing licenses.
SENATOR BUNDE replied the vast majority.
MS. GILBERTSON replied that the department receives 40 percent
of its funding from the federal government, 20 percent from the
general fund, and ADF&G fees bring in 20 to 30 percent.
4:19:48 PM
SENATOR AL KOOKESH noted that the fiscal note was zero and asked
how that could be if the department has to purchase lapel pins
or tags.
MS. GILBERTSON replied that there is fiscal note, but it is
manageable and the program would bring in a lot of money. She
suggested that pins cost less than 25 cents and could be
collector items.
SENATOR KOOKESH reflected that he hadn't heard people say they
were necessarily opposed to a fee, but rather that there were
logistical problems with administering it for large numbers of
people.
SENATOR BUNDE replied that the tag would add $1 per head to a
businesses income and he just didn't view that as a problem.
CHAIR WAGONER said he would hold the bill until next Monday.
4:22:35 PM
CSHB 37(FIN)am-PUBLIC ACCESS TO FISHING STREAMS
CHAIR THOMAS WAGONER announced CSHB 37(FIN) am to be up for
consideration.
REPRESENTATIVE LES GARA, sponsor of HB 37, explained that it
creates a process for Alaska Department of Fish and Game (ADF&G)
to identify areas of high-use for fisheries in streams that
might lose their public access in the future especially the
fisheries located along the road system and to land-trade or buy
easements and other public access along those areas. A lot of
states have lost their public access and it's now too expensive
for them to get it back.
4:25:17 PM
SENATOR STEDMAN said it seemed like the definition of "fishing
waterways" could be virtually any waterway with fish in it and
asked if that was correct.
REPRESENTATIVE GARA replied that it could be, but the bill asks
the department to prioritize those areas with the greatest
public fishery and recreational value. It asks the commissioner
to come up with about two meander miles of land statewide that
it would, then, consider ways to purchase or land trade for
public access to in the future. These areas would not be
appealable by members of the public, so people wouldn't be able
to argue about what land should have been identified.
4:26:16 PM
SENATOR STEDMAN, referred to language on page 3, line 10, that
says, "Before February 1 of each year the commissioner shall
submit a plan to acquire public access to fishing waterways...."
It looks like he could basically blanket a substantial amount of
private land within the state of Alaska, particularly in
Southeast where, "Virtually every creek has a fish in it."
4:27:27 PM
REPRESENTATIVE GARA clarified that the commissioner is supposed
to prioritize two-miles worth of the highest-value public access
areas. He said this bill doesn't use eminent domain; but
requires voluntary land trades with landowners or voluntary land
purchases. He couldn't think of very many areas in Southeast
that were crying for this solution, but he knew of some in
Southcentral and the Interior.
SENATOR STEDMAN said the navigable waters definition is far-
reaching and asked if two miles beyond the meander line of the
river is the targeted distance.
REPRESENTATIVE GARA reiterated the he is asking ADF&G to
prioritize the most valuable, in terms of needed sport and
subsistence fishing access, two miles of river that they can
find. It could be five different parcels or one long parcel.
CHAIR WAGONER held CSHB 37(FIN) am until Monday and adjourned
the meeting at 4:34:59 PM.
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