Legislature(2023 - 2024)BUTROVICH 205
03/20/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Consideration of Governor Appointees | |
| SJR8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 8 | TELECONFERENCED | |
| *+ | HJR 10 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
March 20, 2023
3:30 p.m.
MEMBERS PRESENT
Senator Click Bishop, Co-Chair
Senator Cathy Giessel, Co-Chair
Senator Bill Wielechowski, Vice Chair
Senator Scott Kawasaki
Senator James Kaufman
Senator Forrest Dunbar
Senator Matt Claman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONSIDERATION OF GOVERNOR APPOINTEES
Commissioner, Department of Natural Resources
John Boyle - Anchorage
- CONFIRMATION ADVANCED
Alaska Oil and Gas Commission
Brett Huber - Anchorage
Gregg Wilson - Eagle River
- CONFIRMATIONS ADVANCED
Regulatory Commission of Alaska
Robert Doyle - Wasilla
- CONFIRMATION ADVANCED
SENATE JOINT RESOLUTION NO. 8
Disapproving the proposed rule by the National Park Service
limiting non-subsistence hunting methods; and urging the
National Park Service to withdraw the rule.
- HEARD AND HELD
HOUSE JOINT RESOLUTION NO. 10
Disapproving the proposed rule by the National Park Service
limiting non-subsistence hunting methods; and urging the
National Park Service to withdraw the rule.
- PENDING REFERRAL
PREVIOUS COMMITTEE ACTION
BILL: SJR 8
SHORT TITLE: NAT'L PARK SERVICE; HUNTING IN PRESERVES
SPONSOR(s): RESOURCES
03/01/23 (S) READ THE FIRST TIME - REFERRALS
03/01/23 (S) RES
03/20/23 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
JOHN BOYLE, Commissioner-Designee
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Testified as Commissioner-Designee for the
Department of Natural Resources (DNR).
BRETT HUBER, Appointee
Alaska Oil and Gas Conservation Commission
Anchorage, Alaska
POSITION STATEMENT: Testified as an appointee to the Alaska Oil
and Gas Conservation Commission.
ROBIN O'DONOGHUE, Policy and Communications Manager
Alaska Public Interest Research Group
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brett Huber.
GREGORY WILSON, Appointee
Alaska Oil and Gas Conservation Commission
Eagle River, Alaska
POSITION STATEMENT: Testified for reappointment to the Alaska
Oil and Gas Conservation Commission.
ROBERT DOYLE, Appointee
Regulatory Commission of Alaska
Wasilla, Alaska
POSITION STATEMENT: Testified as appointee to the Regulatory
Commission of Alaska.
JULIA O'CONNOR, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SJR 8 on behalf of the Senate
Resources Committee.
THOR STACEY, Director of Government Affairs
Professional Hunters Association
Juneau, Alaska
POSITION STATEMENT: Provided invited testimony in support of SJR
8.
JIM LISTER, Outside Counsel
Alaska Professional Hunters Association
Washington, DC
POSITION STATEMENT: Provided invited testimony in support of SJR
8.
KAREN LINNELL, Executive Director
Ahtna Intertribal Resource Commission
Glennallen, Alaska
POSITION STATEMENT: Provided invited testimony in support of SJR
8.
JOHN STURGEON, President
Safari Club International
Alaska Chapter
Anchorage, Alaska
POSITION STATEMENT: Provided invited testimony in support of SJR
8.
ACTION NARRATIVE
3:30:49 PM
CO-CHAIR CLICK BISHOP called the Senate Resources Standing
Committee meeting to order at 3:30 p.m. Present at the call to
order were Senators Kawasaki, Kaufman, Dunbar, Wielechowski (via
teleconference), Claman (via teleconference), Co-Chair Giessel,
and Co-Chair Bishop.
^CONSIDERATION OF GOVERNOR APPOINTEES
CONSIDERATION OF GOVERNOR APPOINTEES
3:31:59 PM
CO-CHAIR BISHOP announced the consideration of governor
appointees for boards and commissions. He invited John Boyle,
Commissioner-Designee for the Department of Natural Resources
(DNR) to testify.
3:32:33 PM
JOHN BOYLE, Commissioner-Designee, Department of Natural
Resources (DNR), Anchorage, Alaska, introduced himself and
explained that he accepted the designation because of his
children. He reflected on the promise offered to people arriving
in Alaska generations ago. He shared his wish for the same
bright hope that the early pioneers held. He opined that
Alaskans are accepting a slow decline. He hoped to reinvigorate
the sense of a bright future for his children and grandchildren.
He spoke about the beauty of the Alaskan environment and his
belief that state resources play a pivotal role for the country
in terms of national and energy security. He planned to drive
policies that create new job opportunities. He remarked that new
policies and job opportunities will entice young people to move
to Alaska.
3:39:17 PM
CO-CHAIR BISHOP queried the top three goals Mr. Boyle hoped to
accomplish during his tenure as commissioner.
COMMISSIONER-DESIGNEE BOYLE replied that his top three goals are
energy, energy and energy. He shared the co-chair's vision and
opined that the state opportunity hinges on the development of
energy sources. He sought energy sources that provide reliable
and affordable springboards for additional opportunities. He
remarked that the path to sustainability involved reliable
energy options for Alaska. He spoke about challenges in Cook
Inlet and encouraged a laser-like focus on abundant and
affordable energy resources. Alaskan resources provide the
foundation for a stronger economy.
3:40:59 PM
SENATOR KAWASAKI discussed the recent report from the United
Nations governmental panel on climate change. He queried
Commissioner-Designee Boyle's opinion about anthropogenic
climate change.
COMMISSIONER-DESIGNEE BOYLE responded that he was unable to
vouch for the conclusions in the report. He acknowledged that
climate change was occurring, and that humans and industrial
activities may play some part in exacerbating the rate of
climate change. He shared his focus on the levers within
humanity's control. He reported his support of the carbon bills
moving through the legislature this session. He stressed his
priority for appropriate regulatory and permitting practices
that provide ecological responsibility. He opined that the state
would benefit from assessing all energy sources to determine
optimal solutions. He prioritized environmental and ecological
responsibility.
3:43:10 PM
SENATOR KAUFMAN complimented Commissioner-Designee Boyle on his
impressive resume. He pointed out the federal, state, municipal
and mining experience. He wondered how his past professional
history would enable his realization of goals in the role of
commissioner.
COMMISSIONER-DESIGNEE BOYLE replied that the commissioner
designation was humbling. He acknowledged the magnitude of
responsibility and expectations for the commissioner of DNR. He
stressed that he enjoyed collaborating with people and
complimented the team of professionals in the department. He
remarked on the expertise, education and passion he sees in his
team. He disclosed his strength in seeing multiple perspectives
and keeping an open mind.
3:46:30 PM
SENATOR CLAMAN discussed the shift in Alaska from an oil economy
to a more diverse natural resources economy. He queried his ten-
year prediction for a diversified economy in Alaska. He referred
to delays in the expected revenue from the Willow project.
COMMISSIONER-DESIGNEE BOYLE expressed his optimism about the
promise of oil and gas extraction, including methane hydrates.
He expressed cautious optimism about Alaska Liquified Natural
Gas (AKLNG). He hoped that Alaska could become a hydrogen and
ammonia hub, which would further diversify the economy. He spoke
about the incredible potential in minerals, agriculture, timber
and carbon offset that will improve Interior forest management.
He expressed optimism about carbon and monetizing the state's
empty core space while utilizing the CO resource for industrial
2
use. He spoke about the value of biological mining applications
enabling further mineral extraction from old mining tailings. He
stressed that energy solutions prepare Alaska for the future. He
stated his strong support for geothermal, wind, solar, and tidal
opportunities. He expressed his goal to build expertise within
DNR to best identify development opportunities.
3:55:14 PM
SENATOR DUNBAR acknowledged the gravity and depth of the
department's scope. He wondered about Commissioner-Designee
Boyle's interest in the Division of Parks and Outdoor
Recreation. He mentioned other states diversifying their
economies with a focus on the outdoors. He mentioned the recent
separation within the Department of Health and Social Services
and asked about support for an independent State Parks
Department.
COMMISSIONER-DESIGNEE BOYLE said he appreciates the interest in
the Division of Parks and Outdoor Recreation, which he termed
the crown jewel of the state. He shared that he lives adjacent
to Chugach State Park and valued his time in nature. He deferred
the question about the separation of the department to the
administration. He remarked on the overlap in management of
parks and other state resources. He supported efforts to
increase access to parks, particularly in Anchorage. He
apologized for neglecting to include the division when he
identified options for economic diversification.
3:58:56 PM
At ease
3:59:07 PM
CO-CHAIR BISHOP reconvened the meeting and opened public
testimony on Commissioner-Designee John Boyle; finding none, Co-
Chair Bishop closed public testimony.
3:59:45 PM
CO-CHAIR BISHOP invited Brett Huber, Appointee to the Alaska Oil
and Gas Conservation Commission (AOGCC), to testify.
3:59:58 PM
BRETT HUBER, Appointee, Alaska Oil and Gas Conservation
Commission, Anchorage, Alaska introduced himself. He relayed his
personal and professional background, including time working on
the North Slope and Kenai Peninsula designing and installing
geomembranes. He revealed that he gleaned the majority of oil
and gas experience working in the Capitol as a legislative
staffer. He spoke about his position serving as Governor
Dunleavy's senior policy advisor. He expressed his interest in
and history with the AOGCC. He stated his assessment that the
AOGCC had a long history of public service with full funding
from the regulated agency. He pointed out the clear statutory
underpinning of AOGCC's mission. He acknowledged that he has
much to learn but believes he is a quick study.
4:05:54 PM
CO-CHAIR GIESSEL discussed the AOGCC statutes. She stated that
AOGCC is an independent quasi-judicial agency in Alaska composed
of three commissioners who are appointed by the governor and
confirmed by the legislature. In making appointments to the
commission, the governor shall consider and give preference to a
person who demonstrates experience with oil and gas operations
in Alaska. Commissioner qualifications are as follows: one
member should be a petroleum engineer, the second member should
be a professional geologist with a minimum of ten years of
professional experience, and the third member shall have
training or experience that provides a fundamental understanding
of the oil and gas industry in the state. She remarked that the
third position encompassed a newer addition to the statute
because the legislature wished to ensure that the public member
was knowledgeable and experienced.
4:07:42 PM
SENATOR DUNBAR asked when the statutory change went into effect.
CO-CHAIR GIESSEL replied that the statute was revised in 2006.
SENATOR DUNBAR expressed curiosity about the history of the
legislative intent. He asked about the gap in Mr. Huber's resume
between 2005 and 2012.
MR. HUBER replied that his work history included past employment
relevant to oil and gas in Alaska. The gap between 2005 and 2012
was spent on Maui working as a dive boat captain and dive
instructor. He characterized the time as an installment on
retirement.
4:09:54 PM
SENATOR KAWASAKI pointed to Mr. Huber's resume, which
highlighted an employment history with the state between January
2012 and May 2022. He asked Mr. Huber if he was in state service
without lapses during that period.
MR. HUBER replied that there might have been lapses as a portion
of that time period was spent in legislative service migrating
between legislative offices. He clarified that he exited state
service in April of 2022 and returned with the current
appointment on January 9, 2023.
SENATOR KAWASAKI asked about two Alaska Public Offices
Commission (APOC) complaints in 2020 and 2022. He asked for more
information about the 2022 cycle.
4:11:47 PM
MR. HUBER replied that he began working as consultant with a
group known as The Stronger Alaska in May of 2022 supporting
Governor Dunleavy's campaign. He stated that he was added as the
deputy treasurer the preceding October. He specified that he
covered a dinner, following all of the rules, and asked to be
added as the deputy treasurer. Following the dinner, he asked to
be removed from the deputy treasurer position. Testimony at the
APOC hearing stated a clerical error occurred leading him to
remain documented as the deputy treasurer despite his request to
be removed. He stated that on May 1, 2022 he was listed as both
a deputy treasurer at APOC while under contract with another
group. The complaint led to an expedited hearing where he
answered questions for two hours. He reported satisfying all of
APOC's inquiries. The commission found no additional evidence of
coordination, but ongoing hearings are in progress. He stated
that he was dismissed from additional activity with APOC and has
not followed the issue further.
SENATOR KAWASAKI referenced an earlier complaint in the 2020
cycle regarding Ballot Measure 2. He queried whether Mr. Huber
was employed by the state at the time of the initiative.
4:14:13 PM
MR. HUBER said he was not working for the state while he worked
on the campaign opposing Ballot Measure 2. He added that it was
possible to work for the state and be involved in political
functions, but it is difficult. He stated his belief that
working on the initiative as a state employee displays a
perception of conflict.
CO-CHAIR GIESSEL referenced the statute AS 31.05.009 related to
qualifications. It states that one member shall have training or
experience that gives a person a fundamental understanding of
the oil and gas industry in Alaska. She referenced Mr. Huber's
resume and acknowledged his managerial, communication and
analytic skills, but she wondered about his fundamental
understanding of the oil and gas industry in the state.
MR. HUBER replied that he spent four years working for Senator
Rick Halford as staff to the Senate Resources Committee. He
stated that oil and gas issues were at the forefront then, which
provided abundant exposure to the oil industry and policy
making. He remarked that he attended various conferences and
technical sessions related to oil and gas. He reflected on his
time serving as chief of staff for Senator Lesil McGuire. He
stated that he moved to Alaska in 1984 and has many friends and
acquaintances that work for the oil and gas industry. He
acknowledged that he has limited time in the field but argued
that his policy-related experience provides the fundamental
understanding required to be an AOGCC commissioner.
4:17:32 PM
CO-CHAIR BISHOP opened public testimony on appointee, Mr. Huber.
4:18:03 PM
ROBIN O'DONOGHUE, Policy and Communications Manager, Alaska
Public Interest Research Group, Anchorage, Alaska, testified in
opposition to the appointment of Brett Huber to AOGCC. He opined
that Mr. Huber had not conducted himself in a manner suitable
for the chair of AOGCC. He stated that the commission explicitly
requires the protection of the public interest. He stressed that
AOGCC members must rise above politics to uphold the
constitution. He opined that the state needs a leader to
represent the public while displaying civility and
trustworthiness. He stated that Mr. Huber's resume does not
accurately reflect his employment history. He offered to follow
up with written testimony for the committee to review.
4:19:49 PM
CO-CHAIR BISHOP closed public testimony.
CO-CHAIR BISHOP recognized Gregory Wilson, appointee for AOGCC.
4:20:12 PM
GREGORY WILSON, Appointee, Alaska Oil and Gas Conservation
Commission, Eagle River, Alaska, testified for reappointment to
the Alaska Oil and Gas Conservation Commission. He complimented
the AOGCC staff for their dedication and experience. He stated
that he had a PhD in geology from the University of Wisconsin
and over 31 years' experience working as a petroleum geologist
with ARCO Alaska Inc., Phillips, and Conoco Phillips in Alaska.
He asserted his interest in public service despite the majority
of his career spent working with private industry. He spoke
about further professional accomplishments and distinctions.
MR. WILSON spoke about his intention to retire early when he
received the Lifetime Achievement Award by the Alaska Oil and
Gas Association in 2021. He stated that the attention he
received from the award led to requests for him to serve on
AOGCC following Dan Seamount's retirement. He spoke about his
experience working with a small ARCO team bidding on leases for
much of the Conoco Phillips development. He reported identifying
and drilling the Willow prospect in 2002. He expressed
familiarity with every field on the North Slope. He mentioned
his management of the acquisition of the first compressive
seismic imaging in Alaska. He noted that the seismic projects
received awards for innovation, safety and environmental
stewardship. He cited interactions with DNR, AOGCC, the Bureau
of Land Management (BLM), the Department of Environmental
Conservation (DEC), the United States Fish and Wildlife and the
North Slope Borough. He expected and welcomed the challenges he
will face at AOGCC as many aspects of operators, technology and
carbon capture are evolving. He opined that emerging projects
would provide a bridge to the future.
4:26:38 PM
CO-CHAIR BISHOP remarked that Mr. Wilson's resume is impeccable.
4:26:56 PM
SENATOR KAWASAKI asked about the Alpine gas leak in March 2022.
He suspected that Mr. Wilson was serving on AOGCC at that time.
MR. WILSON replied no, he was not yet serving AOGCC at the time
of the leak. He began his time with AOGCC on September 19, 2022.
He stated that the Alpine gas leak hearing is forthcoming. He
remarked that he sought the opinion of the attorney general and
recused himself from the hearing.
SENATOR KAWASAKI queried future involvement in hearings. He
wondered if a producer encounters a future leak, would Mr.
Wilson recuse himself.
MR. WILSON replied that the qualifications for the AOGCC
position is a minimum of ten years' experience in the field of
petroleum geology. He stated that several professionals have
prior experience with Alaskan industry, which does not
disqualify a person from participating in such hearings. He
shared that he was not divested of ConocoPhillips stock, which
could be perceived as a conflict of interest, so the wise course
was to recuse himself.
4:30:03 PM
CO-CHAIR BISHOP opened public testimony on appointee, Gregg
Wilson; finding none, he closed public testimony.
CO-CHAIR BISHOP recognized Robert Doyle as an appointee to the
Regulatory Commission of Alaska.
4:30:40 PM
ROBERT DOYLE, Appointee, Regulatory Commission of Alaska,
Wasilla, Alaska, testified as appointee to the Regulatory
Commission of Alaska (RCA). He reviewed the qualifications for
the job including his personal and work history. He stated that
under AS 42.05, the RCA is authorized to offer just, fair and
reasonable rates for public utilities. He expressed that the RCA
reviews utilities for justice, fairness and reasonableness by
evaluating the revenue requirement. He noted that the revenue
requirement was proposed to cover utilities, expenses, annual
depreciation, and a fair return on investment. He reported
moving to Alaska in 1968 and graduating from East Anchorage High
School. He served 31 years in Alaska's public schools. He
reported serving as president of the Matanuska Electric
Association Board. He expressed pride in his time with the
board, specifically the integration with the independent power
producers.
MR. DOYLE expressed his priority to provide energy security for
all and he believed that the RCA must work hard to protect rate
payors. He added that rate payors pay for utilities, litigation,
and delays in decision making. He intended to shorten time lines
by reducing litigation expenses and collaborating with parties
about stipulations in an effort to reduce energy costs. He
stated that he accepted the opportunity and left retirement to
contribute his expertise and serve the Alaskan community.
4:34:56 PM
SENATOR KAWASAKI asked Mr. Doyle if he currently served on the
Matanuska Electric Association Board.
MR. DOYLE replied no, he recused himself from participation on
the board for the last eight months.
SENATOR KAWASAKI reviewed the Boards and Commission's filing for
Mr. Doyle. He referenced the bachelor's and master's degrees Mr.
Doyle holds. He stated that RCA commissioner qualifications
require an appointee to be member in good standing with the
Alaska Bar Association or have a degree with a major in
engineering, finance, economics, accounting, business
administration, or public administration. He wondered if either
of Mr. Doyle's degrees fit the requirement.
MR. DOYLE replied yes, he achieved a Public School of
Administration master's degree from the University of Alaska
Anchorage. He added that he worked as a human resource director
for the school district and the assistant superintendent of
finance.
4:36:42 PM
SENATOR DUNBAR spoke about the restoration of the Eklutna River
and the Native village of Eklutna. He wondered about Mr. Doyle's
familiarity with the issue as the board president of Matanuska
Electric Association Board. He further wondered about
anticipated complications with restoring the Eklutna River.
MR. DOYLE announced his familiarity with the issue, which is a
required federal study. He stated that multiple utility parties
participated in the study in an effort to resolve the issue.
4:38:30 PM
SENATOR CLAMAN discussed the Electric Reliability Organization
(ERO) and the length of review in the RCA. He wondered how to
accelerate the process with the RCA so that critical
organizations can improve electrical infrastructure.
MR. DOYLE stated that the RCA regulations exceed 100 pages. He
suggested streamlining regulations, processes, and timelines. He
agreed that the RCA requires a robust practice to provide
necessary utilities. He stated his support of the ERO. He
stressed his belief in shortening allowable timeframes and
reducing litigation costs. He remarked on the RCA's approval of
an early budget and the stipulation to establish future budgets.
SENATOR CLAMAN expressed concerns about getting the ERO up and
running to provide alternative energy options in Alaska.
4:41:41 PM
CO-CHAIR BISHOP opened public testimony on appointee, Mr. Doyle;
finding none, he closed public testimony.
4:42:05 PM
CO-CHAIR GIESSEL stated that the Senate Resources Committee
reviewed the following and recommends the appointments be
forwarded to a joint session for consideration:
Commissioner, Department of Natural Resources
John Boyle - Anchorage
Alaska Oil and Gas Commission
Brett Huber - Anchorage
Gregg Wilson - Eagle River
Regulatory Commission of Alaska
Robert Doyle - Wasilla
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
CO-CHAIR BISHOP stated that the names would be forwarded to the
full body for consideration.
4:42:56 PM
At ease
SJR 8-NAT'L PARK SERVICE; HUNTING IN PRESERVES
4:44:18 PM
CO-CHAIR GIESSEL reconvened the meeting and announced the
consideration of SENATE JOINT RESOLUTION NO. 8 Disapproving the
proposed rule by the National Park Service limiting non-
subsistence hunting methods; and urging the National Park
Service to withdraw the rule.
4:44:49 PM
JULIA O'CONNOR, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, introduced SJR 8 on behalf of the
Senate Resources Committee.
1. The proposed rule by the National Park Service would
limit certain hunting practices and close all predator
hunts in national preserves. This ruling is contrary
to ANILCA (Alaska National Interest Lands Conservation
Act) and the Alaska Statehood Act and should be
withdrawn.
2. The proposed rule will not ban any of the "sport
hunting" practices, such as bear baiting, bear
denning, and hunting swimming caribou, but will only
close those hunts to non-federally qualified hunters,
even if those non-federally qualified hunters have
cultural ties to those methods and means.
3. The proposed rule nullifies wildlife management and
will cause a cascade of effects that will ultimately
threaten food security in communities that rely on
wildlife National Preserves for subsistence.
4. All Alaskan hunting methods are approved by the Alaska
Board of Game and require a robust public process with
significant input from biologists, residents, and
other stakeholders. The Board of Game must consider
customary traditional harvests and hunting practices,
crucial to continuing Alaska's cultural heritage. The
rule overreached Alaska's public process by closing
customary and traditional Alaskan harvests.
5. Alaska has successfully managed wildlife on both state
and federal land since the United States Department of
the Interior transferred to the state management
authority in 1959. The proposed rule by the National
Park Service works counter to the Alaska statehood
act.
6. Senate Joint Resolution 8 urges the National Park
Service to withdraw the proposed rule and work
collaboratively with Alaska to find a solution that is
based on sound science and to recognize Alaska's
authority to manage its wildlife populations.
CO-CHAIR GIESSEL turned to invited testimony.
4:47:16 PM
THOR STACEY, Director of Government Affairs, Professional
Hunters Association, Juneau, Alaska, provided invited testimony
in support of SJR 8. He revealed that he is a registered
lobbyist for the Alaska Professional Hunters Association (APHA).
He stated that APHA supports SJR 8. He stressed that support for
the resolution does not indicate support for bear baiting, bear
denning or hunting swimming caribou. He added that opposition to
the resolution does not indicate opposition to those methods and
means. He stated that passage of the resolution would continue
to allow the methods and means for federally qualified users of
National Parks and Preserves.
MR. STACEY continued that the resolution addressed a broad
preemption of state wildlife management authority. He stated
that the general preemption incorporated in the rule will
disallow all sustainable predator hunts on National Park Service
Preserves in Alaska. He added that the general preemption
removes longstanding sustainable predator hunts on national
preserves. Predators and prey are naturally intact in Alaska and
disallowing the harvest of either predator or prey nullifies
wildlife management. He stated that the proposed rule has the
effect of closing state predator hunts while leaving in place
all hunts for food animals (caribou, moose and deer).
MR. STACEY revealed the second substantive effect of the
specific preemptions: bear baiting, bear denning and taking of
swimming caribou. He pointed out the legislative directive for
the Board of Game to prioritize and consider customary and
traditional uses. The rule addresses the National Park Service
(NPS) overlook of the basic closure process established by the
Alaska National Interest Lands Conservation Act (ANILCA)
program. The rule was proposed and forwarded without
consultation with the state. He stated that the National Park
Service advanced the rule without engaging with its own entities
such as the rural advisory committees and the subsistence
resource commissions. He added that the entities were created by
congress in ANILCA for the specific purpose of reviewing similar
proposals. He commented on the lack of hearings in affected
areas. He recognized that the NPS lacks closure authority in
Alaska as envisioned by ANILCA.
MR. STACEY summarized the big picture issue and stated that the
resolution's intent is to support the legislature. He stated
that the Board of Game has the legislature's constitutional
authority and is commanded to regulate within statutory
constructs. The Board of Game is tasked to value conservation
and manage wildlife for human use, including wildlife viewing.
He added that the Board of Game must prioritize subsistence use
and they are commanded to consider and promote customary and
traditional uses as prescribed by the legislature. He noted that
the resolution is in opposition to other ideas or options where
the state seeks additional authority in spheres allowed by
federal law. The resolution provides support for the status quo
against federal overreach.
4:52:39 PM
JIM LISTER, Outside Counsel, Alaska Professional Hunters
Association, Washington, DC, provided invited testimony in
support of SJR 8. He reported that the current rule in effect
for the NPS will be replaced with SJR 8. He stated that the
current rule was adopted by NPS in 2020 to restore state
management of hunting on Alaska National Preserves. The rule
cancels prior preemptions from 2015 and allows the state Board
of Game to determine the hunting rules including the rules
governing hunts for predator animals. He stated that in January
2023, NPS proposed a new rule that would eliminate the 2020
rule, preempting the state Board of Game allowable hunting
areas. The current rule survived litigation challenges, which is
why the resolution before the committee makes sense. He remarked
that following the action by NPS in 2020, Alaska Wildlands
Alliance sued to overturn the rule, which went to litigation in
September. He noted that the Alaska Professional Hunters
Association and its partner Sportsman's Alliance along with the
state attorney general's office and Safari Club defended the
rule. He added that NPS did not participate. He stated that the
2020 rule remains in place, which is what SJR 8 is attempting to
maintain.
4:55:50 PM
KAREN LINNELL, Executive Director, Ahtna Intertribal Resource
Commission, Glennallen, Alaska, provided invited testimony in
support of SJR 8. She stated her belief that the proposed rule
bypasses the Alaska National Interest Lands Conservation Act
(ANILCA). She expressed that ANILCA, Section 101(b) protects the
resources related to subsistence needs. She added that ANILCA's
mission is to protect and preserve historic and archeological
sites, to preserve wilderness value and related recreational
opportunities including but not limited to hiking, canoeing,
fishing, and sport hunting. She noted that the NPS definition of
sport hunters includes any person that does not live within a
resident zone.
5:07:20 PM
JOHN STURGEON, President, Safari Club International, Alaska
Chapter, Anchorage, Alaska, provided invited testimony in
support of SJR 8. He stated the Safari Club International's
(SCI) goal to preserve and improve the hunting heritage. He
expressed concern with the proposed 2023 NPS ruling. He agreed
with the Alaska Professional Hunters Association's analysis of
the 2015, 2020 and 2023 rule. He opined that the federal
government was illegally assuming authority in Alaska. He added
that wildlife know no boundaries and can migrate great distances
so managing wildlife with political restrictions is ineffective.
He spoke about the Alaska Department of Fish and Game that
manages wildlife in the state on a scientific and perpetual
basis. He supported the state authority for wildlife management
across all political boundaries. He asked the committee to
support Alaska's right to manage its wildlife without federal
government interference.
5:11:02 PM
CO-CHAIR GIESSEL held SJR 8 in committee.
5:11:26 PM
There being no further business to come before the committee,
Co-Chair Giessel adjourned the Senate Resources Standing
Committee meeting at 5:11 p.m.