CSHJR 43(FSH) FISHING AND SUBSISTENCE IN GLACIER BAY  CSHJR 43(FSH) was before the committee as the next order of business. AMY DAUGHERTY, staff to the House Special Committee on Fisheries, said the resolution was introduced by the committee in response to concerns expressed by commercial fishermen and subsistence users. In 1991 the National Park Service promulgated draft regulations that would phase out commercial fishing in and around Glacier Bay within seven years and completely prohibit subsistence fishing. Last year a federal judge ruled that ANILCA did not prohibit commercial fishing in Glacier Bay National Park, but that ruling has been appealed to the Ninth Circuit Court of Appeals. Ms. Daugherty said elimination of the commercial and subsistence fisheries in a vast area contained in the Glacier Bay National Park would significantly harm the coastal communities of northern Southeast Alaska. Number 110 RON SOMMERVILLE said there is still a conflict over state jurisdiction of navigable waters although the state has never filed quiet title to the submerged lands within the boundaries of Glacier Bay National Park. The state has consistently taken the position in the past that it reserved the rights to file quiet title, and at the same time, exercise some jurisdiction over the resources in the water column. Mr. Sommerville said the conflict is over transient resources which are not really part of the park. Both the subsistence and commercial uses in there provide very little, if any, jeopardy to park resources. However, the National Park has consistently taken the position that it can regulate or eliminate commercial fishing and subsistence fishing within the park boundaries. So far, the courts have shown that the Park Service has and can allow commercial and subsistence within the boundaries of the park. Mr. Sommerville said it is hoped that as the National Park Service goes forward with its regulations that commercial fishing and subsistence are allowed uses in the park. Number 166 SENATOR LINCOLN asked Mr. Sommerville how he would define "subsistence use" as used in the resolution. RON SOMMERVILLE responded that the definition is exactly the same as the subsistence priority in Title 8 of federal law. Number 214 SENATOR HOFFMAN noted that one of the resolve clauses in the resolution also speaks to sport fishing, and he asked what sport fishing issue there is in Glacier Bay. RON SOMMERVILLE replied that the National Park Service allows sport fishing within its boundaries, but they have always taken the position that commercial fishing and subsistence use have to be specifically authorized by Congress. This has consistently created a problem within Glacier Bay. Number 230 BRUCE WEYHRAUCH, representing Allied Fishermen of Southeast Alaska, explained he represented that group when they intervened in a case entitled "Alaska Wildlife Alliance versus Jensen." The fishermen wanted to intervene in the case because if they were excluded from those waters it would mean several things: they would have to move operations to other fisheries and other grounds elsewhere in Southeast Alaska, which would mean increasing pressure on those other fisheries; it would have a serious social effect on the small communities in the area that have relied on that fishery; and it would have a tremendous economic effect on the region. Mr. Weyhrauch said when Allied Fishermen of Southeast Alaska intervened in this case, the only decision that Judge Holland ruled on was whether ANILCA prohibited commercial fishing in the marine waters of Glacier Bay National Park. The judge ruled that it did not and that is now on appeal to the Ninth Circuit Court. He said the Ninth Circuit Court may rule on the case at the end of the current year or early next year. Number 275 SENATOR LINCOLN asked if in Judge Holland's ruling there was any discussion on subsistence use and sport fishing in the area, and BRUCE WEYHRAUCH answered that just commercial fishing was briefed in the ruling. Number 297 There being no further discussion on CSHJR 43(FSH), SENATOR LEMAN asked for the pleasure of the committee. SENATOR PEARCE moved that CSHJR 43(FSH) be passed out of committee with individual recommendations. Hearing no objection, it was so ordered.