SENATOR MILLER announced SJR 21 (THANK MEXICO FOR GRAY WHALE PROTECTION) to be up for consideration. CAROL CARROL, Legislative Aide to Senator Kerttula, stated that gray whales no longer exist in the Atlantic Ocean and their status in the western Pacific is uncertain, although it may be nearing extinction. Only in the northern Pacific is the species no longer endangered. Mexico has severely limited access to a number of breeding and calving grounds to encourage growth of the species. SENATOR ZHAROFF moved to pass SJR 21 from Committee with individual al recommendations. There were no objections and it was so ordered. Number 150 SENATOR MILLER announced SB 339 (MANAGEMENT OF STATE LAND AND RESOURCES) to be up for consideration. TOM BOUTIN, Director, Division if Forestry, explained section 20 provides that the Division of Forestry be able to offer sales under certain conditions without the requirement in AS 38.05.113 that a sale needs to be in a five year plan for at least the two prior years. Section 21 amends AS 38.05.118 allowing long term negotiated sales provided certain conditions exist. MR. GALLAGHER explained that section 22 is the only oil and gas provision. This removes a requirement that a lease sale be held within 90 days of the quarter it's scheduled. Section 23 allows the Commissioner to close land to mineral entry in the future, but not valid existing rights. Section 24 deletes language to make it consistent with every other business in the state of Alaska. Section 25 they changed to make increments of $5 per acre annual rent rather than having it change at a specific time so the Department can deal with whole numbers. Section 26 changes "permit" to a long term lease to accommodate miners who are trying to get financing. Section (b) exempts it from competitive bidding procedures. Section 27 clarifies language on "abandonment." Section 28 provides specific language to allow the Department to issue permits for a slightly broader range of things than they have issued in the past. This is particularly in reference to reindeer grazing. Sections 29 through 32 are the conforming sections to the lands package they discussed last week. He highlighted the repealer in 38.05.207 which is the section on production licenses which were constructed in 1983 as a defense against the 6 (i) challenge. SENATOR ZHAROFF asked if land that was used could be returned to the state. MR. GALLAGHER said that was not discussed in this bill, but he said he was willing to discuss the issue with him. SENATOR ZHAROFF asked about the sections referring to fishing. MR. GALLAGHER said under the current scheme setnet sites and mariculture sites are treated different from every other type of lease in the Department. Section 16 - 18 put those authorizations into the standard department process for issuance which is essentially competitive bidding. SENATOR ZHAROFF said he saw a lot of problems if fishing sites were made available on a bid process. For one thing there is enough confusion out there in just getting people to lease sites, let alone going through the process of bidding for a site location. He noted that the lease fee had recently doubled without any public hearings or notification. MR. GALLAGHER said he would welcome discussion on this issue. SENATOR ZHAROFF said he saw a big problem with these provisions. He said the system has been basically working, but if the bid process is used people from out of state will get the sites.