HJR 22-RESIDENT SUBSISTENCE USE OF FISH/GAME  1:40:40 PM CHAIR MCKAY announced that the next order of business would be HOUSE JOINT RESOLUTION NO. 22, Proposing an amendment to the Constitution of the State of Alaska relating to subsistence use of replenishable natural resources by state residents; and providing for an effective date for the amendment. 1:41:14 PM REPRESENATIVE BAKER introduced Ms. Kitka and Dr. Rosita Worl. 1:42:06 PM JULIE KITKA, President, Alaska Federation of Natives, explained the history of the constitutional amendment to subsistence rights. She said that this issue has been in front of the legislature since 1990. She continued on the history of constitutional amendments in the Alaska Legislature. She said that the Alaska Federation of Natives (AFN) has been working at this issue and gave up after determining that the legislature had no interest in working on this issue. She recommended that the legislature take its time in introducing a constitutional amendment. She explained common themes in policy debate on this issue, and advised the committee to keep in mind that subsistence is an Alaska Native issue, that it was offensive that the amendment did not include language acknowledging them. She said the current system of dual management is a direct result of the failure of the state to engage with local Native groups and communities. She said her second recommendation is to get rid of the non-subsistence use areas. 1:51:48 PM MS. KITKA continued with her third recommendation, telling the committee members to scope out the best system to manage subsistence rights, considering all things that may affect them. She added that the legislature should consider court cases that affect subsistence rights. She said the other area that she thinks the state should look at is the Alaska National Interest Lands Conservation Act (ANILCA) amendments. She emphasized that subsistence is not just a choice, but a way of life, and culture. She urged the legislature to explore the history of relations between the federal government and Native Americans before moving forward on any legislation. She said to approach this legislation with concrete goals, to be experts on the issue. 1:57:20 PM REPRESENTATIVE MCKAY added that he remembers the debate in 1990, that it was a sad time in Alaska's history. 1:57:51 PM ROSITA WORL, PhD, President, Sealaska Heritage Institute, read from prepared remarks[included in the committee packet, which read as follows [original punctuation provided]: Mr. Chair and Honorable Members of the Alaska State Legislature House Resources Committee: For the record, I am Rosita Kaahni Worl, and I am a member of the Alaska Federation of Natives Subsistence Committee. Thank you for allowing us to comment on HJR 22, which embodies an issue of great significance to Alaskans and, notably, to the Alaska Native Community. Thank you for also bringing this issue, which has divided the state for decades, to an open forum. Hopefully, through rational, honest, and sincere dialogue with all stakeholders at the table, we may be able to formulate a unified position. If I may, I would like to introduce myself in accordance with our cultural protocols. My introduction will also reveal the spiritual interrelationships that we maintain with our animals, birds, and fish. It will also demonstrate the cultural dimensions of subsistence that are rarely known or understood outside of the subsistence community. Yeidiklas'akw ka Kaaháni yóo xát duwasáak Cháak' naa áyá x Shungukeidí naax xt sitee Kaawdliyaay Hit dáx x Jilkaat kwyá x Lukaax.ádi yadi áyá x My Tlingit name is Yeidiklas'skw. It is an ancient name whose meaning has been lost in antiquity. My ceremonial name is Kaaháni, which refers to the stature or status of an individual. In the ceremony in which I received this name, our clan leader said that my stature was "Woman Who Stands in the Place of a Man." I Am an Eagle of The Thunderbird Clan and the House Lowered from the Sun from Klukwan in the Chilkat region. I am also a Child of the sockeye Clan. My identity is also intertwined with our clan crests- the Eagle, Thunderbird, and Sun. We, of our clan, are spiritually strengthened by the Eagle, Thunderbird, Sun, and Sockeye, but also by our clan spirits, the White Bear, Shark, and Killer Whale. In addition, Our clan is entitled to wear the US Naval uniform and to use the name Schwatga as payment for the failure of Lt Schwatga, of the US Navy, to pay a debt to my great, great clan grandfather during the Klondike Gold Rush era. In attempting to address and resolve the subsistence issue or, more specifically, the dual management regime between the federal and state governments and in proposing the developing solutions including a constitutional amendment that provides for the protection of subsistence, it will be necessary to understand the multiple elements affecting subsistence. Many changes have occurred in the thirty-four years since the federal government took over subsistence management authority on federal lands. We-Natives- for one, gave up trying to amend the state constitution. We have citizens who grew up living with dual management and have grown accustomed to this system. We have tribal members who now favor working with and through the federal subsistence board. We also have a growing insistence that Indigenous knowledge, science, and language be incorporated into resource management regimes and decisions. These changes will have to be considered as we assess proposed constitutional amendments and a possible unified management regime. It will also be necessary to understand the legal and political history that gave rise to the situation in which we find ourselves today. This context is complex and subject to differing interpretations and orientations, making our task more difficult. Native People both revere and utilize the land and its resources. Thus, it will be imperative to have a clear understanding of cultural significance of subsistence. This dimension has given Native people the stamina to fight for our basic cultural survival, identity, and subsistence rights, which are all intertwined with our physical and spiritual relationship to the land, resources, and subsistence. Native people will insist that these cultural values and practices are considered and integrated into subsistence management regimes. Knowledge about the dual economies that characterize rural communities, integrating both subsistence and cash economies, is another important consideration. Native people must also be engaged in discussions and have a place at the table in addressing a unified management regime. Thank you for the opportunity to present our preliminary assessment of the elements that we believe are necessary to consider in developing a constitutional amendment that can bring a state-level unified management regime that includes subsistence protection. Gunalchéesh 2:04:29 PM GAYLA HOSETH, Director, Natural Resources Program, Bristol Bay Native Corporation, mentioned that the theme of the 2023 AFN convention was "our way of life." Subsistence life has sustained Native Peoples of Alaska for thousands of years; it is a way of life. She said it is important to understand the cultural implications of Subsistence rights. She said a good consideration for the legislators would be to travel to each community and village to see and learn about subsistence rights. She said it is also important for Alaskans to understand and learn and be involved in the process of creating legislation. 2:08:32 PM REPRESENTATIVE MCKAY asked for the dates of the AFN convention. MS. KITKA said that it is the third week of October, and that there was no consideration of a constitutional amendment. 2:09:22 PM REPRESENATIVE BAKER, as prime sponsor of HJR22, added that he was fortunate enough to be allowed to speak at the AFN convention. He said that though this legislation was introduced late, he appreciates the folks from AFN for giving their testimony on HJR22. 2:10:30 PM DOUG VINCENT-LANG, Commissioner, Alaska Department of Fish & Game, added to the previous testimony, explaining that the dual management system is not working, and that subsistence is priority under state statute. He gave examples of the federal closure of lands using Southeast Alaska and the Mulchatna Caribou Herd. He cited Berners's Bay and the introduced moose population, and how the federal government's oversight is affecting its management. He mentioned the Yukon River and the Nelchina Caribou Hunt, and how both are affected by the Federal Subsistence Board Management's decisions. He said dual management is impacting subsistence negatively, and that HJR22 is the first step of many in the right direction. 2:17:15 PM REPRESENTATIVE MCKAY asked Representative Edgemon to come up and give some advice. 2:17:48 PM REPRESENTATIVE BRYCE EDGMON, Alaska State Legislature, emphasized the importance of understanding the issue and explained his memories of subsistence issues in Alaska politics. He thanked committee members for their comments. 2:19:59 PM REPRESENTATIVE MEARS commented that this is an issue that needs to be discussed and decided beyond the walls of this committee room. 2:20:34 PM REPRESENTATIVE DIBERT thanked the invited testifiers, and asked if any of them feel that federal protections defined in ANILCA are currently sufficient for subsistence rights. 2:21:35 PM MS. KITKA answered that Native Alaskans have an inherent right to their lands and food, and there are many political rights defined in federal law. She said that Natives want to run their lives themselves and not to have to look to the federal government for guidance and management. She said to trust the Native community to manage itself. She said times and circumstances change. 2:23:51 PM REPRESENTATIVE DIBERT said that things have changed on the Yukon River and quoted her mother saying "at least we have the memory of the taste of [salmon]" 2:24:29 PM DR. WORL said that there have been good changes in the State, such as the recognition for Native Alaskans. She said that more needs to be done. [HJR 22 was held over.]