CSHB 75(FIN)-HUNTING, FISHING, TRAPPING    CHAIR WAGONER announced CSHB 75(FIN) to be up for consideration. HEATH HILYARD, staff to Representative Kelly, sponsor, said the original version referred to preserving and promoting sport hunting in the state and it was thought the language was a little inflammatory. We wanted to make it clear from the get-go that we were not taking a position on the subsistence issue in any way. Likewise, we've also left out references with regard to sport or commercial for fishing, as well. The CS includes a legislative intent statement that plainly declares that, "In no way are we trying to contravene or contradict the existing constitutional principles of other common users' sustained yield." That was a concern of wildlife viewing tourism constituency. MR. HILYARD said the original version had to do with the powers and duties of the commissioner and the boards and that has been removed and applied it to the functions of the commissioner and the boards, because substance was desired in their ability to adopt regulations in carrying out the intent of this statute to preserve and promote the heritage of hunting, fishing and trapping in the state. CHAIR WAGONER asked where the letter of intent appeared. MR. HILYARD replied that an intent statement is in the CS. 3:55:38 PM SENATOR SEEKINS said he wanted to delete paragraph (1) on page 2, 1ines 2 - 3, because he didn't want to require the duties to be done rather than being optional. MR. HILYARD said he thought the sponsor would be amenable to that amendment. SENATOR SEEKINS moved to adopt Amendment 1 to removed subparagraph (1) on page 2. SENATOR DYSON objected adding "renumber paragraphs as appropriate" as a friendly amendment. There were no objections to Amendment 1 to Amendment 1. SENATOR ELTON said he was concerned that they were taking away a power of the commissioner on page 4, line 19. They are saying the commissioner doesn't have that power and that is a statement they may not want to make, especially given the cooperative nature in which some of Alaska's fish and wildlife resources have to be managed. He wanted to hear from the commissioner or the department. SENATOR SEEKINS disagreed. Because the first part of the paragraph [page 1, line 14] says, 'The commissioner has, but not by way of limitation, the following powers and duties:' The commissioner would still retain that power, but not the responsibility or the duty. So, there is nothing in removing this that would say that the commissioner 'cannot,' but it would now be at the decision - and it would be at our option of the state and not be required to do so. Under current law, we require the commissioner to do that. 3:59:43 PM SENATOR ELTON responded that he understands the language of the limitation, but if some future court has to determine what the intent of the legislature is, that would not be characterized. He fears that the characterization may be that the legislature has said that they don't think that's an appropriate power to list under the powers and, in fact, the legislature took that out of the statutes. "I would hate to have the argument be made as an interpretation of what we are doing here today." 4:00:30 PM SENATOR SEEKINS disagreed again - respectfully. This record is very clear and if there was confusion on the part of the court, they would look back at the action that removed that paragraph. As Judiciary chairman, we are very conscious of the fact in the Judiciary Committee that the record of this proceeding would be what would define for the court what the intent of the legislature was. It's very clear on the record now that the intent here is that it's at the option of the commissioner to enforce these regulations and laws, not a requirement by state law. CHAIR WAGONER asked for a roll call vote. Senators Seekins, Dyson, Stedman and Chair Wagoner voted yea; and Senator Elton voted nay; and Amendment 1 was adopted. 4:02:48 PM SENATOR ELTON said the department testified in the past that it wasn't 100 percent supportive. He asked how comfortable the department is now that the duty or responsibility to assist the U.S. Fish and Wildlife Service in the enforcement of federal laws and regulations pertaining to fish and game. WAYNE REGELIN, Acting Commissioner, Alaska Department of Fish and Game (ADF&G), said he didn't think the bill was a problem. As long as we can help 'em out if we need to or want to and aren't prohibited from doing that, I don't think that it's a problem. We've never been required to. I'm sure there's [been] times when they have asked for our help and we said we were too busy, we couldn't do it. But, we have a good working relationship with them and I would assume that would continue. Most of the cooperative efforts are on fisheries stuff out in the ocean. A lot of it is with enforcement people there, but I think that the original part of the bill we did support. We felt it should include trapping, too, and fishing. 4:05:12 PM JENNIFER YUHAUS, Executive Director, Alaska Outdoor Council, supported this bill and the CS and the removal of the amendment that included viewing as a use. This is not because we don't legitimize the use of viewing wildlife, but that the advocacy of this use is covered through several other avenues through other departments including the tourism industry and it's not the original intent when the bill was introduced. 4:06:11 PM SENATOR SEEKINS moved to report SCS CSHB 75(RES) from committee with individual recommendations and attached fiscal note. There were no objections and it was so ordered. SENATOR SEEKINS noted that someone only has to turn to AS 16.05.935, which is the restriction section in statute: Cooperation with the federal government in Glacier Bay, along with the statement in there that nothing in this title, Title 16, authorizes the department or the board to enter into an agreement with a department or agency of the federal government that cedes state authority for the management of fish and game, et cetera, that we have taken similar action in the past to not require our state departments to cooperate with federal management.