SJR 8-NAT'L PARK SERVICE; HUNTING IN PRESERVES  4:44:18 PM CO-CHAIR GIESSEL reconvened the meeting and announced the consideration of SENATE JOINT RESOLUTION NO. 8 Disapproving the proposed rule by the National Park Service limiting non- subsistence hunting methods; and urging the National Park Service to withdraw the rule. 4:44:49 PM JULIA O'CONNOR, Staff, Senator Cathy Giessel, Alaska State Legislature, Juneau, Alaska, introduced SJR 8 on behalf of the Senate Resources Committee. 1. The proposed rule by the National Park Service would limit certain hunting practices and close all predator hunts in national preserves. This ruling is contrary to ANILCA (Alaska National Interest Lands Conservation Act) and the Alaska Statehood Act and should be withdrawn. 2. The proposed rule will not ban any of the "sport hunting" practices, such as bear baiting, bear denning, and hunting swimming caribou, but will only close those hunts to non-federally qualified hunters, even if those non-federally qualified hunters have cultural ties to those methods and means. 3. The proposed rule nullifies wildlife management and will cause a cascade of effects that will ultimately threaten food security in communities that rely on wildlife National Preserves for subsistence. 4. All Alaskan hunting methods are approved by the Alaska Board of Game and require a robust public process with significant input from biologists, residents, and other stakeholders. The Board of Game must consider customary traditional harvests and hunting practices, crucial to continuing Alaska's cultural heritage. The rule overreached Alaska's public process by closing customary and traditional Alaskan harvests. 5. Alaska has successfully managed wildlife on both state and federal land since the United States Department of the Interior transferred to the state management authority in 1959. The proposed rule by the National Park Service works counter to the Alaska statehood act. 6. Senate Joint Resolution 8 urges the National Park Service to withdraw the proposed rule and work collaboratively with Alaska to find a solution that is based on sound science and to recognize Alaska's authority to manage its wildlife populations. CO-CHAIR GIESSEL turned to invited testimony. 4:47:16 PM THOR STACEY, Director of Government Affairs, Professional Hunters Association, Juneau, Alaska, provided invited testimony in support of SJR 8. He revealed that he is a registered lobbyist for the Alaska Professional Hunters Association (APHA). He stated that APHA supports SJR 8. He stressed that support for the resolution does not indicate support for bear baiting, bear denning or hunting swimming caribou. He added that opposition to the resolution does not indicate opposition to those methods and means. He stated that passage of the resolution would continue to allow the methods and means for federally qualified users of National Parks and Preserves. MR. STACEY continued that the resolution addressed a broad preemption of state wildlife management authority. He stated that the general preemption incorporated in the rule will disallow all sustainable predator hunts on National Park Service Preserves in Alaska. He added that the general preemption removes longstanding sustainable predator hunts on national preserves. Predators and prey are naturally intact in Alaska and disallowing the harvest of either predator or prey nullifies wildlife management. He stated that the proposed rule has the effect of closing state predator hunts while leaving in place all hunts for food animals (caribou, moose and deer). MR. STACEY revealed the second substantive effect of the specific preemptions: bear baiting, bear denning and taking of swimming caribou. He pointed out the legislative directive for the Board of Game to prioritize and consider customary and traditional uses. The rule addresses the National Park Service (NPS) overlook of the basic closure process established by the Alaska National Interest Lands Conservation Act (ANILCA) program. The rule was proposed and forwarded without consultation with the state. He stated that the National Park Service advanced the rule without engaging with its own entities such as the rural advisory committees and the subsistence resource commissions. He added that the entities were created by congress in ANILCA for the specific purpose of reviewing similar proposals. He commented on the lack of hearings in affected areas. He recognized that the NPS lacks closure authority in Alaska as envisioned by ANILCA. MR. STACEY summarized the big picture issue and stated that the resolution's intent is to support the legislature. He stated that the Board of Game has the legislature's constitutional authority and is commanded to regulate within statutory constructs. The Board of Game is tasked to value conservation and manage wildlife for human use, including wildlife viewing. He added that the Board of Game must prioritize subsistence use and they are commanded to consider and promote customary and traditional uses as prescribed by the legislature. He noted that the resolution is in opposition to other ideas or options where the state seeks additional authority in spheres allowed by federal law. The resolution provides support for the status quo against federal overreach. 4:52:39 PM JIM LISTER, Outside Counsel, Alaska Professional Hunters Association, Washington, DC, provided invited testimony in support of SJR 8. He reported that the current rule in effect for the NPS will be replaced with SJR 8. He stated that the current rule was adopted by NPS in 2020 to restore state management of hunting on Alaska National Preserves. The rule cancels prior preemptions from 2015 and allows the state Board of Game to determine the hunting rules including the rules governing hunts for predator animals. He stated that in January 2023, NPS proposed a new rule that would eliminate the 2020 rule, preempting the state Board of Game allowable hunting areas. The current rule survived litigation challenges, which is why the resolution before the committee makes sense. He remarked that following the action by NPS in 2020, Alaska Wildlands Alliance sued to overturn the rule, which went to litigation in September. He noted that the Alaska Professional Hunters Association and its partner Sportsman's Alliance along with the state attorney general's office and Safari Club defended the rule. He added that NPS did not participate. He stated that the 2020 rule remains in place, which is what SJR 8 is attempting to maintain. 4:55:50 PM KAREN LINNELL, Executive Director, Ahtna Intertribal Resource Commission, Glennallen, Alaska, provided invited testimony in support of SJR 8. She stated her belief that the proposed rule bypasses the Alaska National Interest Lands Conservation Act (ANILCA). She expressed that ANILCA, Section 101(b) protects the resources related to subsistence needs. She added that ANILCA's mission is to protect and preserve historic and archeological sites, to preserve wilderness value and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting. She noted that the NPS definition of sport hunters includes any person that does not live within a resident zone. 5:07:20 PM JOHN STURGEON, President, Safari Club International, Alaska Chapter, Anchorage, Alaska, provided invited testimony in support of SJR 8. He stated the Safari Club International's (SCI) goal to preserve and improve the hunting heritage. He expressed concern with the proposed 2023 NPS ruling. He agreed with the Alaska Professional Hunters Association's analysis of the 2015, 2020 and 2023 rule. He opined that the federal government was illegally assuming authority in Alaska. He added that wildlife know no boundaries and can migrate great distances so managing wildlife with political restrictions is ineffective. He spoke about the Alaska Department of Fish and Game that manages wildlife in the state on a scientific and perpetual basis. He supported the state authority for wildlife management across all political boundaries. He asked the committee to support Alaska's right to manage its wildlife without federal government interference. 5:11:02 PM CO-CHAIR GIESSEL held SJR 8 in committee.