SENATE CS FOR CS FOR HOUSE BILL NO. 75(RES) "An Act relating to the powers and duties of the commissioner of fish and game, Board of Fisheries, and Board of Game in promoting and preserving fishing, hunting, and trapping in the state; and repealing the power and duty of the commissioner of fish and game to assist the United States Fish and Wildlife Service in the enforcement of federal laws regarding fish and game." This was the second hearing for this bill in the Senate Finance Committee. Co-Chair Green noted that the Senate Resources committee substitute before the Committee has a title change to that of the original bill. AT EASE 2:43:27 PM / 2:43:57 PM [NOTE: Audio Recording of the meeting resumed at this point.] Senator Stedman asked regarding language in Sec. 4(a)(13), page seven line 23 as added by the Senate Resources Committee; specifically as to "how extensive" the heritage look-back might be, as he recalled a time when hunting eagles and sea lions was permissible. (13) promoting hunting and trapping and preserving the heritage of hunting and trapping in the state. Co-Chair Green pointed out that the activities that would be considered must be legal. 2:45:04 PM Senator Olson, noting that the bill had been modeled after legislation adopted by the State of Michigan, asked whether consideration had been provided to the issues of Alaska's subsistence laws as well as to the Alaska National Interest Lands Conservation Act (ANILCA); specifically whether provisions in the bill were contrary to those issues. Co-Chair Green assumed that that would not be the case. Efforts would be made to allow the bill's sponsor to testify in this regard. 2:46:01 PM Senator Olson asked that the sponsor be allowed to respond. Co-Chair Green ordered the bill SET ASIDE in order for the sponsor to provide testimony. [NOTE: This bill is readdressed at Time Stamp 2:58:41 PM.] 2:46:26 PM SENATE CS FOR CS FOR HOUSE BILL NO. 75(RES) "An Act relating to the powers and duties of the commissioner of fish and game, Board of Fisheries, and Board of Game in promoting and preserving fishing, hunting, and trapping in the state; and repealing the power and duty of the commissioner of fish and game to assist the United States Fish and Wildlife Service in the enforcement of federal laws regarding fish and game." This bill was again before the Committee. [See Time Stamp 2:43:27 PM for the earlier Committee discussion on the bill.] Senator Olson restated his earlier question regarding the affect the changes made in the Senate Resources committee substitute might have in regards to federal subsistence laws pertaining to the Alaska National Interest Lands Conservation Act (ANILCA). HEATH HILLIARD, Staff to Representative Mike Kelly, the bill's sponsor, responded that, although the bill's sponsor was amenable to the changes proposed in the Senate Resources Committee, such a question had not been raised. While he was uncertain as to the affect of the changes on the subsistence issue, his initial perspective would be that the changes would have very little impact. 3:00:14 PM Senator Olson pointed out that the basis for his concern is the question regarding consumptive and non-consumptive use, as addressed in the April 4, 2005 Memorandum [copy on file] from George Utermohle, Legislative Council, Division of Legal and Research Services, Legislative Affairs Agency addressed to Representative Mike Kelly. Mr. Hilliard responded that the "the main point with regard to the issue of consumptive and non-consumptive uses, is that Legislative Intent language was included to mirror the language found in the Alaska Constitution in regards to State resources. This is the result of conversations that occurred in previous committees of referral where user groups were concerned that the effort was "to prioritize consumptive uses over non-consumptive uses… our response to that" was that was not the intent. The bill packet contains several legal opinions state support the position that the bill would not prioritize either consumptive or non-consumptive use over each other. Senator Olson acknowledged. 3:01:07 PM Mr. Hilliard pointed out that the only change made in the Senate Resources committee substitute was the addition of language that repealed the power of the commissioner of the Department of Fish and Game to work with the United States Fish and Wildlife Service in the enforcement of federal laws regarding fish and game. The bill's sponsor was amenable to the addition of that language. 3:02:05 PM Co-Chair Green recalled the Senate Resources Committee adding similar language to other pieces of legislation over the years. Another issue that has been addressed by that committee is the issue of Alaska State Troopers "enforcing what are not typically State Trooper activities". The reasons for both these issues being addressed might have been the desire "not to subject State employees to the federal role. That is not their role … their obligation" is to address matters on State land. Mr. Hilliard clarified that the action conducted by the Senate Resources Committee would not "preclude the commissioner from participating, it simply removes that as a mandate from the powers and duties." Co-Chair Green asked whether the State Constitution specifies the duties of each State department's commissioner. Mr. Hilliard replied that State Statute, rather than the State's Constitution, outlines commissioners' responsibilities. Co-Chair Green remarked that the Constitution includes the role of department rather than the responsibilities of the commissioner. Mr. Hilliard agreed. Senator Hoffman, commenting that Alaska Natives have the longest heritage of the activities addressed in this bill, inquired as to how the sponsor would "perceive" to promote hunting, fishing, and trapping and to preserve the heritage. Mr. Hilliard responded that specific instructions in this regard are not outlined in the bill. While the Department of Fish and Game feels that they currently promote these activities, they have determined that the language provided in this bill would make their Statutory authority and requirement clearer. No specific ideas have been conveyed to the Department. The desire of the Legislation is to clarify that the heritage of hunting, fishing, and trapping should be promoted and preserved. Co-Chair Green asked Senator Ralph Seekins, chair of the Senate Resources Committee, to comment in regards to the removal of the language in Sec. 2(a)(1) page two, lines five through eight that required the Commissioner of the Department of Fish and Game to assist the United States Fish and Wildlife service in the enforcement of federal laws and regulations pertaining to fish and game. 3:06:15 PM SENATOR RALPH SEEKINS, Chair, Senate Resources Committee, explained that much focus was provided to State Statutes that specify that the State should not force the Department of Fish and Game, and, the Department's Commissioner to assist the United States Fish and Wildlife Service. AS 16.05.050. The Powers and Duties of the Commissioner. states that "the Commissioner has…but not by way of limitation, the following powers…." The result of the change recommended by the Senate Resources Committee would be to eliminate the requirement that the Commissioner must assist the United States Fish and Wildlife Service in the enforcement of federal laws and regulations pertaining to fish and game. 3:07:38 PM Senator Seekins concluded therefore that the elimination of Sec. 2 19(a)(1) would provide the Commissioner the option, rather than requiring him, to assist. The Statutory requirement that the Commissioner must assist would be removed. In response to a question from Senator Hoffman, Senator Seekins reiterated that "the Commissioner has, 'but not by way of limitation' the following powers and duties". It would be "implied" that the Commissioner would have the option to assist. The requirement that the Commissioner assist would be removed. Co-Chair Green expressed that the option would not be "enumerated in the listing". Senator Hoffman questioned the inclusion of the language "repealing the power and duty of the commissioner of fish and game to assist the United States Fish and Wildlife Service in the enforcement of federal laws regarding fish and game." in the bill's title on page one beginning on line three. 3:09:15 PM Senator Seekins voiced being unsure of the reason for the title change. The purpose of the Senate Resources Committee was "to simply repeal" Sec. 2(a)(1) and provide the option to assist. Co-Chair Green asked whether Senator Seekins had offered the amendment to remove Sec. 2(a)(1). Senator Seekins affirmed that he had offered the amendment. Co-Chair Green asked whether there might be alternate language to that included in the title of the Senate Resources committee substitute. Senator Seekins suggested replacing "repealing the power and" with "repealing the duty" in the bill's title page one, line three. Senator Hoffman suggested that the language added to the original bill's title in regards to the commissioner be entirely removed. Senator Seekins understood that a bill's title must reflect the content of the bill. 3:11:10 PM Following a brief discussion with Co-Chair Green and Senator Hoffman, Senator Seekins ascertained that the original bill title would accommodate the changes made in the content of the bill. Co-Chair Green asked for confirmation, that Senator Seekins would support reverting to the original bill title. Senator Seekins affirmed. Amendment # 1: This amendment restores the original title of the bill by eliminating the language "; and repealing the power and duty of the commissioner of fish and game to assist the United States Fish and Wildlife Service in the enforcement of federal laws regarding fish and game." as specified in the bill's title, page one lines three through five, The revised title would read as follows. "An Act relating to the powers and duties of the commissioner of fish and game, Board of Fisheries, and Board of Game in promoting and preserving fishing, hunting and trapping in the state." Senator Hoffman moved to adopt Amendment #1. Co-Chair Green clarified that approval of the amendment would revert the bill's title back to the original language. There being no objection, Amendment #1 was ADOPTED. 3:13:03 PM Co-Chair Wilken moved to report the bill, as amended, from committee with personal recommendations and accompanying fiscal note. There being no objection, SCS CS HB 75(FIN) was REPORTED from Committee with previous zero fiscal note #1 dated March 14, 2005 from the Department of Fish and Game. 3:13:26 PM