HOUSE RESOURCES STANDING COMMITTEE March 22, 1997 10:41 a.m. MEMBERS PRESENT Representative Scott Ogan, Co-Chairman Representative Bill Hudson, Co-Chairman Representative Joe Green Representative Fred Dyson Representative Reggie Joule MEMBERS ABSENT Representative Beverly Masek, Vice Chair Representative Ramona Barnes Representative William K. ("Bill") Williams Representative Irene Nicholia COMMITTEE CALENDAR CONFIRMATION HEARINGS ON GOVERNOR'S APPOINTMENTS TO: Board of Game Gregory P. Streveler Nicole Whittington-Evans Lori Trent Quakenbush Michael R. Fleagle (* First public hearing) PREVIOUS ACTION No previous action to record WITNESS REGISTER BUTCH LAUGHLIN, Owner Alaska Fly and Fish Charters 9604 Kelly Court Juneau, Alaska 99801 Telephone: (907) 790-2120 POSITION STATEMENT: Testified in support of Governor's appointees. SARAH DUNLAP, Owner Alaska Fly and Fish Charters 9604 Kelly Court Juneau, Alaska 99801 Telephone: (907) 790-2120 POSITION STATEMENT: Testified in support of Governor's appointees. LYNN SCHOOLER, Guide P.O. Box 22026 Juneau, Alaska 99802 Telephone: (907) 463-4942 POSITION STATEMENT: Testified in support of Governor's appointees. JON POND, Representative Admiralty Bears Association 640 Hemlock Way Juneau, Alaska 99801 Telephone: (907) 586-6168 POSITION STATEMENT: Testified on Governor's appointees. JOEL BENNETT, Former Member Board of Game 15255 Point Louisa Road Juneau, Alaska 99803 Telephone: (907) 789-1718 POSITION STATEMENT: Testified on Governor's appointees. LARRY SMITH 1520 Lakeshore Drive Homer, Alaska 99603 Telephone: (907) 235-3855 POSITION STATEMENT: Testified on Governor's appointees. REBECCA KNIGHT P.O. Box 1331 Petersburg, Alaska 99833 Telephone: (907) 772-9391 POSITION STATEMENT: Testified in support of Governor's appointees. JAMES DEMKO P.O. Box 271 Petersburg, Alaska 99833 Telephone: (907) 772-4389 POSITION STATEMENT: Testified on the Governor's appointees. KEVIN HARUM 510 M Street Anchorage, Alaska 99501 Telephone: (907) 277-2444 POSITION STATEMENT: Testified in support of Ms. Whittington-Evans. DAVID McGIVERN 1527 First Street Anchorage, Alaska 99501 Telephone: (907) 277-0858 POSITION STATEMENT: Testified on the Governor's appointees. DALE BONDURANT HC1 Box 1197 Soldotna, Alaska 99669 Telephone: (907) 262-0818 POSITION STATEMENT: Testified in support of Governor's appointees. JERRY BROOKMAN 715 Muir Avenue Kenai, Alaska 99611 Telephone: (907) 283-9329 POSITION STATEMENT: Testified in support of Governor's appointees. WILLIAM DeCREEFT, Owner Kachemak Air Service P.O. Box 1769 Homer, Alaska 99603 Telephone: (907) 235-8924 POSITION STATEMENT: Testified on Governor's appointees. NANCY J. HILLSTRAND, Secretary Homer Fish and Game Advisory Committee P.O. Box 170 Homer, Alaska 99603 Telephone: No number given POSITION STATEMENT: Testified on Governor's appointees. BOB CHURCHILL, Chair Anchorage Fish and Game Advisory Committee 333 Raspberry Road Anchorage, Alaska 99504 Telephone: No number given POSITION STATEMENT: Testified in support of Ms. Whittington-Evans. VIKKI GROSS, Secretary Anchorage Fish and Game Advisory Committee HC 31 Box 5147 Wasilla, Alaska 99654 Telephone: (907) 376-9220 POSITION STATEMENT: Testified in support of Ms. Whittington-Evans. CELIA HUNTER 1819 Muskox Traid Fairbanks, Alaska 99709 Telephone: (907) 479-2752 POSITION STATEMENT: Testified in support of Governor's appointees. SEAN McGUIRE 351 Cloudberry Drive Fairbanks, Alaska 99709 Telephone: (907) 479-7334 POSITION STATEMENT: Testified on Governor's appointees. ED DAVIS, Representative Alaskans for Fair Chase P.O. Box 1616 Fairbanks, Alaska 99707 Telephone: (907) 479-7263 POSITION STATEMENT: Testified in support of Governor's appointees. RICHARD HAYDEN 1480 Milo Street North Pole, Alaska 99705 Telephone: (907) 488-5717 POSITION STATEMENT: Testified in support of Governor's appointees. DOROTHY KEELER P.O. Box 190647 Anchorage, Alaska 99519 Telephone: (907) 248-9916 POSITION STATEMENT: Testified in support of Governor's appointees. LEO KEELER, Chairman of the Board Friends of McNeill River P.O. Box 190647 Anchorage, Alaska 99519 Telephone: (907) 248-9916 POSITION STATEMENT: Testified in support of Governor's appointees. DENNIS LEACH, Member Homer City Council P.O. Box 1414 Homer, Alaska 99603 Telephone: (907) 235-5649 POSITION STATEMENT: Testified on Governor's appointees. BILL STOCKWELL, Member Cooper Landing Fish and Game Advisory Committee P.O. Box 721 Cooper Landing, Alaska 99572 Telephone: (907) 595-1540 POSITION STATEMENT: Testified on Governor's appointees. SUSAN QUINLAN P.O. Box 82115 Fairbanks, Alaska 99708 Telephone: (907) 455-6480 POSITION STATEMENT: Testified in support of Governor's appointees. TOM SCARBOROUGH 1676 Taroka Drive Fairbanks, Alaska 99709 Telephone: (907) 479-3812 POSITION STATEMENT: Testified in support of Mr. Fleagle . RONNIE ROSENBERG 448 Snowy Owl Fairbanks, Alaska 99712 Telephone: (907) 452-6476 POSITION STATEMENT: Testified in support of Ms. Whittington-Evans. JOHN SCHOEN, Wildlife Biologist Alaska Audubon Society 12640 Lupine Road Anchorage, Alaska 99516 Telephone: (907) 345-7994 POSITION STATEMENT: Testified in support of Governor's appointees. MIKE COUMBE P.O. Box 240343 Anchorage, Alaska 99524 Telephone: (907) 440-4387 POSITION STATEMENT: Testified in support of Governor's appointees. JOANN UTT P.O. Box 1114 Palmer, Alaska 99645 Telephone: (907) 376-5718 POSITION STATEMENT: Testified in support of Governor's appointees. ACTION NARRATIVE TAPE 97-30, SIDE A Number 0000 CO-CHAIRMAN SCOTT OGAN called the House Resources Standing Committee meeting to order at 10:41 a.m. Members present at the call to order were Representatives Ogan, Hudson, Dyson, Green and Joule. Members absent were Representatives Masek, Barnes, Williams and Nicholia. This meeting was teleconferenced to Anchorage, Fairbanks, Homer, Kenai, Kodiak, Mat-Su and Petersburg. CONFIRMATION HEARINGS ON THE GOV'S APPTS TO: BOARD OF GAME Number 0050 CO-CHAIRMAN OGAN said the committee was here to take public testimony on the confirmation of the Board of Game appointees. He referred to written testimony located in the committee file. Number 0129 BUTCH LAUGHLIN, Owner, Alaska Fly and Fish Charters, said decisions of the Board of Game affect his business. Half of his revenue is from watching wildlife rather than shooting it. He was in favor of the Governor's appointees. The Board of Game should reflect all areas of the community, consumptive as well as nonconsumptive uses. Number 0243 SARAH DUNLAP, Owner, Alaska Fly and Fish Charters, stated that although she is not a hunter, she is concerned about the make-up of the Board of Game because they have found over the past few years the board's decisions have a direct effect on their business. Because the Board of Game's decisions affect all Alaskans, they would like to see the members reflect a diversity of views on wildlife management. They hope the legislature will support the Governor's appointees because those appointees will be invaluable in bringing a broader-based perspective that will represent all Alaskans. Alaska's wildlife heritage is one of the state's most valuable assets, and it deserves to have the most broad based and well-considered management the legislature can provide. Number 0366 CO-CHAIRMAN BILL HUDSON asked Ms. Dunlap to speak about individual appointees. Number 0378 MS. DUNLAP stated that she has found Mr. Streveler to be well- considered and reasonable in all of his actions. She thought he would be an excellent person to sit on the Board of Game. She did not know the other nominees personally, but she appreciated the fact that they come from a more diverse perspective than what had been represented previously. Number 0419 REPRESENTATIVE JOE GREEN asked if she would support nominees as long as they were the Governor's appointees and represented a diversity. Number 0433 MS. DUNLAP answered that if other nominees represented a similar sort of diversity, she would support them. Number 0457 LYNN SCHOOLER, guide, said he was a trapper when he lived up north. He is still a hunter, but a conservationist as well. He labeled himself as a conservationist because without some well-reasoned conservation, his hunting license would be useless by the end of his lifetime. His business is heavily dependent on wildlife. He is one of the brown bear guides at Pack Creek. The Board of Game affects him more than any other state government function at this time. MR. SCHOOLER stated that he knew Mr. Streveler personally. There have been some great people on the board in the last 25 to 30 years, and Mr. Streveler will be one of them. Mr. Streveler impressed him as the most knowledgeable man he has worked with, during the couple of times they have worked together. He has watched Mr. Fleagle's work and his voting record since he sat on the board. Mr. Fleagle will represent his area well and approach other use groups besides the hunters and trappers with an open mind. He never met Ms. Quakenbush, but has heard that she is trained in science and biology as well as being a hunter. Mr. Schooler said he is a member of the Alaska Wilderness and Recreation and Tourism Association, so he knew of Ms. Whittington- Evans' work with that board. He also referred to the Anchorage Advisory Board's endorsement of Ms. Whittington-Evans. MR. SCHOOLER said there doesn't seem to be much argument about the qualifications for any of the appointees, rather it seems to be whether or not we will have a Board of Game which represents a diverse group or users or a single interest group. If we have a board which just represents a single use, whether it is hunters or wildlife watchers, then situations like Proposition 3 will keep occurring. Things like this circumvent the board system for management. The primary function of the Board of Game is to keep animal populations high enough to where they're useful for all of us. He could back these Governor's appointees because they can accomplish this task. He did not support them just because the Governor appointed them, but because these four are good people. Number 0675 CO-CHAIRMAN HUDSON asked for information about his work. Number 0693 MR. SCHOOLER stated that he was one of the guides that was selected for a commercial permit by the U.S. Forest Service and the Department of Fish and Game. Number 0697 CO-CHAIRMAN HUDSON asked whether he took people out from Juneau or operated on Admiralty Island. Number 0700 MR. SCHOOLER answered that all of their trips originate and terminate in Juneau. People come to Alaska from all over the world because of the wildlife. Number 0728 CO-CHAIRMAN OGAN said the dictionary defines game as huntable wildlife. The hunters have footed the bill for wildlife conservation by paying taxes on ammunition, firearms and licenses which support wildlife. He concurred with what Mr. Schooler said about the abundancy of wildlife. Number 0787 MR. SCHOOLER stated that if you have good populations of game, there are good populations for everything else. With the science background that at least three of these four people have, there is a good chance these populations can be maintained. Number 0812 JON POND, Representative, Admiralty Bears Association, supported the diversity of the board members. Diversity is critical if Alaska is going to be on the cutting edge of wildlife management. Different perspectives are critical as there are different user populations in the state. He did not know the four Governor's appointees. He has read a synopsis of their backgrounds, which seem apropos as far appointments are concerned. He thought we should look at character, their resume, past experiences. He is a hunter. For overall wildlife management, diversity is what we need on the Board of Game. Number 0951 REPRESENTATIVE GREEN asked if he had heard any of the dialogue which occurred between the applicants and the members of the board last week. Number 0968 MR. POND answered that he had not been able to attend that meeting. Number 0979 REPRESENTATIVE GREEN asked whether he was more concerned about predators or felt that man had a higher priority than other animals. Number 1008 MR. POND answered that he liked to look at best practices, look at the data and then make decisions based on that. He would primarily look specifically at what the data showed and what the issues showed, then make a decision based on all that information. The diversity and various backgrounds would allow a sound decision to be made on what is best for the species. The overall goal would be to employ best-management practices and sustain the population for the enjoyment of consumptive users, hunters or wildlife viewers. He reiterated that his answer would depend on the species, the issues and what science is saying about the issues. Number 1078 REPRESENTATIVE GREEN verified that he would be in favor of a candidate who would be guided by facts rather than emotion or political pressure. Number 1099 JOEL BENNETT, Former Member, Board of Game, served on the Board of Game for 13 years. He has been a hunter for 27 years. Alaska has changed a lot from the 1970s and 1980s, when most of the uses of wildlife were consumptive. It is now a blend of uses. He thought many legitimate uses of the state's natural resources in wildlife are legitimate. The state must have a Board of Game which can look at the different uses and balance them. Hunting is the dominant and overwhelming use of our wildlife, but there must be other perspectives. Public opinion in this state reflects that. There are economic considerations, cost benefits to different actions that the board takes which must be evaluated. He thought the visitor industry was a serious economic factor in Alaska's make-up. People who represent or can see things from a visitor industry standpoint must be factored in. Number 1255 MR. BENNETT knew three of the four appointments. Ms. Quakenbush has scientific credentials which are important to the board. In his view, one member always had to have some firm grounding in science. He has seen Mr. Fleagle, at one board meeting, sifting through the issues in a competent manner. He seemed to be able to respond to other interests in addition to his particular region of interest. He urged the committee to look beyond associations with groups and try to evaluate a person's present stature and willingness to listen fairly to the issues. Every person who is appointed has some association in their past which might not be something that certain members of the legislature would like to see, but he thought it was unfortunate to focus on these particular issues. Number 1327 CO-CHAIRMAN HUDSON asked what the ideal make-up of the Board of Game would be. He asked what element of decisions are the most important. TAPE 97-30, SIDE B Number 0000 MR. BENNETT felt the most serious issue around the Board of Game was predator control. So much of the state's, the board's, the department's and the public's time is occupied with predator control that decisions relating to this issue have to be carefully made. In his view, they are made on three grounds: a rigorous examination of the biological record, public opinion and the cost benefit or economic analysis as to the ramifications of predator control. Predator control does not consist of going into an area and reducing grizzly bears by 33.3 percent. It is the economic effect, the effect on guides, on image and so on. MR. BENNETT felt the make-up of the board is pretty simple. You have to have someone who understands the visitor industry. Native interests have to be represented, and they can be represented by rural appointees, but he thought a board without a Native member would be less than satisfactory. The urban wildlife issues are difficult. He cited the special hillside proposals for hunts. He thought the Board of Game should have a member from Fairbanks, Anchorage and Juneau. MR. BENNETT stated that sensitivity to nonconsumptive uses is a legitimate interest for a board member to have. To some extent, the board has to be regionally represented. He suggested having a state board that dealt with the statewide policy issues and contentious issues, that ran across regional boundaries. Then there could be some sort of regionalized board which could deal with the daily issues of seasons and bag limits. This system could be more responsive, efficient and cost-effective. Number 0227 CO-CHAIRMAN HUDSON referred to a trip he took to the Yukon involving the Forty Mile caribou herd. He said people there believe that controlling the wolf population is necessary. They felt that not using shoot-and-kill methods did the herd more harm than good. He wanted to find people on the board who could look expansively, listen to the biology, and then come up with a good management plan. He wondered if professional, as opposed to uninvolved, advocacy on a board of this nature was better. He cited the difficulties with polarization when it came to management issues. He asked whether there would be a better make-up of the board if it had uninvolved nonadvocates, nonpolarized people, or whether it should be combinations of viewpoints. MR. BENNETT answered that it has always been combinations of viewpoints. The Board of Game works pretty well with combinations. He wouldn't want to see six professional biologist on the board or six inexperienced and uninformed lay people either. He felt the board should have biological background with professional credentials in order to interpret what the department was presenting to the board. This professional person can also find other involved people in the issue to present additional or different information to the board. MR. BENNETT stated that Mr. Valenberg was not accepted by the legislature last year, but said that he had provided that role on the board as a professional biologist. CO-CHAIRMAN OGAN thanked Mr. Bennett for his service on the Board of Game. Number 0482 LARRY SMITH testified next via teleconference from Kodiak, but stated that he is a Homer resident. He stated that he served on his local advisory board and represented his association at regional councils from time to time. He referred to a letter dated March 12, 1997, wherein he stated that he was impressed by the number of his senator's and representative's constituents at the Homer LIO, numbering 55, who had appeared for the first hearing on this subject. Three of those people were members of the local fish and game advisory committee, and one or two of them had reservations about Ms. Whittington-Evans on the grounds that she hadn't been in Alaska long enough. He recently went to the game board in Anchorage and found that this attitude had changed. Those people now feel much like he does, that the Board of Game is currently dysfunctional because a majority of the board is unconfirmed by the legislature. MR. SMITH supported all of the Governor's appointees. He thought they exceeded the criteria set in the statutes. He thought the legislature's role ought to be limited to applying those criteria to make a judgment about whether the Governor has abided by the statutes. He felt the system functioned best if the Governor and the legislature perform their statutory duty and then kept their hands off the boards. MR. SMITH felt Co-Chair Ogan did the right thing when he encouraged every nominee to report efforts by the Governor's office or by legislators to influence board members behind the scenes. The board sets both regulatory and adjudicatory roles. He thought it was improper for anyone to attempt to influence adjudication outside the established public processes. He felt the legislature harmed the process by failing to timely act on confirmations last year. The important business has been stalled; thousands of Alaskans' plans can be in limbo if there is not confirmation of these nominees. The legislature should pay no mind to those involved in politicking about these confirmations; they don't have the good of the system at heart. There was no issue or set of issues which rises to the same level of importance as preserving the democratic mechanism for regulating wildlife conservation and use. He attended the constitutional convention in Fairbanks, read all the proceedings of the convention and indexed everything on Article VIII, the resources article. MR. SMITH said, in conclusion, the founding fathers were correct when they established a Board of Fish and Game on which the members would serve for life. This was done to avoid mixing up policy decisions about fish and game management with politics as usual in this state. He felt that it would be prudent to remember that basic principle before the Governor and legislature: Do your job as is laid out in statute and then keep your hands off the boards. Number 0788 REBECCA KNIGHT testified next via teleconference from Petersburg. She endorsed the Governor's appointments of Mr. Fleagle, Ms. Quakenbush, Ms. Whittington-Evans and Mr. Streveler to the Board of Game. She said her family earns their living from commercial fishing. Her family hunts and fishes for personal use on a regular basis. Wild game comprises over 90 percent of the meat in her family's diet. She does not actually hunt herself, but prepares the meat. Her family also enjoys watching wildlife. In short, her family values and depends on the plentiful wildlife resources of Alaska. MS. KNIGHT said for this reason, she felt it was essential that a knowledgeable and well-rounded group be appointed to the Board of Game. She was quite pleased that Governor Knowles has nominated these individuals. She has read recent newspaper articles, letters to the editor appearing in the Anchorage newspaper expressing concern that some of the candidates might be anti-hunting. She failed to see any valid basis for this concern and in fact believed that the candidates have high integrity, are professional, well- qualified and represent various geographic regions in Alaska. These nominees will protect the rights of Alaskans to responsibly hunt and view wildlife in Alaska. Number 0939 JAMES DEMKO testified next via teleconference from Petersburg. He said he was a conservationist, owns a charter boat and is a hunter. It seemed to him that somehow there appeared to be a separation between the needs of having edible populations and wildlife viewing populations. He did not feel that any separation existed. To maintain a healthy population to hunt would mean that there would be a healthy population to view. There also seems to be a separation between conservationists and hunters. He did not feel that any separation existed. There can be nothing more beneficial to hunters than a strong conservation ethic. If this conservation ethic wasn't the founding ethic of the Board of Game, he questioned why they would have created the board. At the core of management is conservation. There should not be any sort of litmus test denying someone from serving on the board who has a conservation background. Number 1077 KEVIN HARUM testified next via teleconference from Anchorage. He observed the confirmation hearings two weeks ago. He was appalled at how some of the nominees were treated, particularly how Representative Barnes treated Ms. Whittington-Evans. He felt the chair should have reined in Representative Barnes in this exchange. There needs to be some civility and respect for each other in this state. MR. HARUM said 81 people were lined up to testify for the last meeting. A lot has been said about Ms. Whittington-Evans. From personal interactions with her, he can state that she is not anti- hunting. The attempt to label her as anti-hunting is unfair. She strongly supports hunting and supports the needs of sport and subsistence hunters. She sees the need to work hard to ensure that there are adequate prey populations to meet the needs of those who depend on the wildlife resources for food as well as other purposes. She was endorsed unanimously by the fish and game advisory board in Anchorage, worked on the Forty Mile committee and earned the respect of many Alaska Outdoor Council members. The Alaska Wildlife Alliance is opposing her. She brings the perspective of a nonconsumptive user. MR. HARUM explained that many Alaskans do not hunt, but it is important that Alaskans work together, whether we hunt or not, to ensure both consumptive and nonconsumptive uses of wildlife. The polarization in our state has got to stop, especially when it comes to wildlife issues. The word out on the street is that this legislature is not in touch, that they are being extreme. The confirmations of the Governor's appointees is an opportunity to negate that perception. He knew that Ms. Whittington-Evans is a reasonable person. She would do a good job respecting people and listening to other viewpoints. The bottom line is that we have to work together, but we can only do that if we're all at the same table together. TAPE 97-31, SIDE A Number 0000 DAVID McGIVERN testified next via teleconference from Anchorage. He supported the diversity of members on the Board of Game. Number 0024 DALE BONDURANT testified next via teleconference from Kenai. He is a hunter and will continue to hunt as long as there is not a reason to discontinue to do so. He believed that hunting, fishing and conservation are both compatible and necessary to the sustainability of the uses and the resources. He has been an active participant in both fish and game regulatory process and in the formation of hunting and fish rights groups: Sports and Game Preservation Association, Public Easement Defense Fund, Alaskans for Equal Hunting and Fishing Rights, Alaska Constitutional and Legal Defense Fund, McDowel (ph) One and Two. He accepts that hunters have both endangered and enhanced the wildlife populations. There are ethical and responsible hunters, and there are those that aren't responsible. There are those who consumptively use the resource and put effort in protecting the wildlife and habitat, as well as people interested in the same issues who are nonconsumptive users. We need both of these diverse groups to meet the challenge presented by those who neither care for the wildlife nor the habitat. We must invite and unite both consumptive and nonconsumptive users who are responsible for sustaining fish and wildlife for the constitutional preservation of people's common use. MR. BONDURANT was bothered that in Alaska it has become a politically accepted practice to mount personal moral inquisitions against anyone branded as a conservationist. A democracy accepts diversity of responsible ideas. If the majority view cannot stand the challenge of those who disagree, then that view must be the one to suspect. He believed that hunters could stand the challenge of those who might disagree. He supported the diversity of the four board appointees, even if he did not agree with their total views. Government and boards should be open to all sincere differences, the denial of even a minor responsible representation of a legitimate position was suspect. Number 0271 JERRY BROOKMAN testified next via teleconference from Kenai. He identified himself with the remarks regarding civility and with Mr. Harum's remarks. He is a hunter and grew up with a father who trapped animals for fur pelts. He urged the confirmation of Ms. Whittington-Evans and the others nominated by the Governor to the Board of Game. He believed that Ms. Whittington-Evans, in particular, would bring a much needed perspective to the board. Number 0489 WILLIAM DeCREEFT, Owner, Kachemak Air Service, testified next via teleconference from Homer. He agreed that the nominees were treated rudely at the last meeting. He is a hunter, but said that this shouldn't have to be a qualification to be on the Board of Game. The board has become very one sided. MR. DeCREEFT explained that his business is flying people to see bears and occasionally to hunt those bears. He did not feel that the current Board of Game represented him any longer. He is in a wildlife viewing business which is a growing visitor industry in Alaska. If the game board is going to be chosen for the kind of attitude that he heard at the last meeting, then he needs some place where he can go to and receive equal justice. He supported the nominee who was a lifelong hunter. He was also fine with the biologist and with the lady under question. Those nominees are capable of making decisions for the Board of Game. Number 0686 CO-CHAIRMAN OGAN stated that there were people on the committee who became frustrated with some of the appointees. This frustration was the result of the perceived evasiveness on some of the answers. Number 0731 NANCY J. HILLSTRAND, Secretary, Homer Fish and Game Advisory Committee, testified next via teleconference from Homer. Her family has utilized game in a variety of uses. She supported the Governor's appointees to the Board of Game and the diversity in this public process. The constitution exists for all of us. In their natural state, wildlife resources and habitats are reserved to the people for their common use. This section of the constitution, together with Section 15 and Section 17, emphatically prohibits the state from granting to any person or group a privileged or monopolistic access to a natural resource. The Alaska Supreme Court has said the anti-monopoly purpose of the section was achieved by constitutionalizing common law principles, imposing upon the state a public trust duty with regard to the management of fish, wildlife and waters. Special privileges are prohibited; to do otherwise is a constitutional offense. She encouraged the committee to allow the public process to function properly, to do otherwise resembles the types of royal grants the common use clause expressively intended to prevent. Number 0855 MS. HILLSTRAND commented that she was distressed at the events of the last meeting. Number 0920 CO-CHAIRMAN OGAN felt that one of the reasons we have the visitor industry and the reputation is because of the good job the Board of Game and the Department of Fish and Game do overall. He reiterated that hunters pay for those services. Number 0980 MS. HILLSTRAND said there are a number of initiatives which will allow other monies to come into the programs to help the management of wildlife. Number 1025 CO-CHAIRMAN OGAN suggested that the basis of the concern is the lack of predator control. Number 1081 VIKKI GROSS, Secretary, Anchorage Fish and Game Advisory Committee, testified next via teleconference from Mat-Su. She presented testimony from Bob Churchill (ph), chair, Anchorage Fish and Game Advisory Committee. The committee has 15 members and two alternates who are elected by public vote; 16 slots are currently filled. The function is to represent all the uses of fish and game in their area of responsibility. Currently the committee has 11 of the 12 user groups, defined by the Alaska Department of Fish and Game, sitting on the committee. The committee meets 12 to 15 times per year and reviews such things as management plans, proposals and land use plans which affect the resources in the area. Included in the membership are ten individuals who list hunting and two who list trapping. The committee voted unanimously to endorse Ms. Whittington-Evans to be on the Board of Game on February 18, 1997. This was reflected in a letter dated February 23, 1997, sent to the House Resources Committee. Mr. Churchill was disturbed at the allegations that Ms. Whittington-Evans is anti-hunting and trapping. Based on the two years that he worked with her in the committee, nothing could be further from the truth. She has been an active and productive participant in the deliberations on all issues; including consumptive use of fish, game and trapping issues. She consistently voted for an increased opportunity for hunting and trapping when it was supported from a biological perspective. She added a depth of knowledge on habitat issues which allowed the committee to make informed decisions on how fish and game populations can be protected and enhanced. Ms. Whittington-Evans comes to both the game subcommittee and the full advisory committee meetings well prepared. She researches the issues and provides good information as it relates to the issues being considered. Her depths of experience has been invaluable to their committee. She has developed a good knowledge of these issues, both by studying available information and talking with people actively involved. She's an individual who does not allow her background to limit her, but uses it as a point of strength which she builds on. The advisory committee has been very active in issues such as predator control and advocating for a moose hunt in the Anchorage bowl. Ms. Whittington-Evans has been a part of the deliberations and an advocated in constructing the proposal. Another benefit is that Ms. Whittington-Evans brings a great deal of credibility with those individuals in the environmental community. This is the time when hunters and trappers are becoming a smaller part of the population and we need to begin building bridges with all major groups who actively use fish and game resources. Please consider and support Ms. Whittington-Evans for membership on the Board of Game because she is a candidate who has demonstrated her ability to be effective in this type of forum and because it will advance the interest of those of us who hunt and trap throughout Alaska. Number 1308 MS. GROSS presented her testimony. She is an avid bow hunter and does not feel that hunting and nonhunting people are mutually exclusive. She was appalled at the treatment of Ms. Whittington- Evans. Having recorded Ms. Whittington-Evans' input on hundreds of issues at the committee meetings she could say that Ms. Whittington-Evans is fair and moderate in her deliberations of hunting and trapping proposals. The accusation that she is anti- hunting is unfair and inaccurate. She differed in opinion from Ms. Whittington-Evans on some things, but had the same opinion on a vast majority of issues. MS. GROSS referred to proposals of having only hunters on the Board of Game. She reminded this committee that hunters are an extreme minority not only in this country but in this state with numbers lessening each year. This state depends heavily on tourism income. The nonconsumptive users of our resources contribute heavily to the financial well being of Alaska. To say that these people do not have a right to representation on the board is to bury our heads in the sand in the hopes that these issues will go away, they won't. This ignorant approach will cost hunters dearly when anti-hunters target Alaska. Eventually we will lose hunting rights a tiny piece at a time, the same as California, Colorado and many other states. To pretend that Alaska is somehow immune to this organized effort to stop all hunting is ludicrous. MS. GROSS stated that Ms. Whittington-Evans is a moderate, thoughtful and intelligent individual, and her place on the board is an asset to both the interests of hunters and nonconsumptive users. Number 1473 CO-CHAIRMAN OGAN commented that somehow there is this perception that having people who hunt on the Board of Game means that there won't be watchable wildlife. For years the Board of Game was dominated entirely by hunters and under their supervision there was an ample opportunity for people to view wildlife. Number 1547 MS. GROSS said hunters have allowed watchable wildlife to exist, however people who do not hunt feel they need to be a part of the Board of Game process. Number 1584 CELIA HUNTER testified next via teleconference from Fairbanks. She was a conservationist and worked in the visitor industry. She supported the Governor's appointees to the Board of Game using today's previous testimony. Ms. Whittington-Evans received a favorable letter from Bud Burras (ph), an old time hunter from Fairbanks. He acknowledged that she has been extremely fair, cooperative and a constructive person. She commented on the lack of civility of the legislature to the public. It is possible to be critical of someone without deriding them or inditing them for lack of character. MS. HUNTER commented that most visitors to Alaska are interested in watching wildlife. We need to value the reputation of Alaska being fair and equitable in the management of our fish and wildlife resources. The people who are being nominated to the board by the Governor have the scientific background so that they can evaluate the situations which exist in Alaska. She supported all of the Governor's appointees to the Board of Game. Number 1778 CO-CHAIRMAN OGAN hoped that the public as a whole didn't indict the legislature because of perceived actions by some members. Number 1798 CO-CHAIRMAN HUDSON stated that he had a great personal regard and respect for Ms. Hunter and her contributions to Alaska. He hoped that the legislature would always be able to treat the public in a civil manner. Number 1852 SEAN McGUIRE testified next via teleconference from Fairbanks. He said this confirmation process reminds him of the good boy network. It appears to many people that the Republican majority wants a small segment of the population to be represented. It appears that they don't support nominees with education, professional experience or those who support predators. The legislature appears to be opposed to any diversity on the Board of Game. Less than six months ago, 59 percent of Alaskans voted to support Proposition 3. Number 2063 ED DAVIS, Representative, Alaskans for Fair Chase, testified next via teleconference from Fairbanks. His organization was a second tier organizer for Proposition 3 which banned aerial wolf control by the general public. Predator control is okay as long as the hunting is limited to ground based trapping, fair chase hunting and is confined by the limits of good biological science. He supported the Governor's appointees to the Board of Game. He said an exceptional amount of clarification is needed to shed the light of truth on Ms. Whittington-Evans. She would make an excellent nominee to the Board of Game. Number 2151 RICHARD HAYDEN testified next via teleconference from Fairbanks. He was a hunter, but no longer hunts or owns a gun. He questioned whether or not he would be viewed as qualified to be a member of the Board of Game. As a matter of personal preference he does not wear fur and questioned whether or not this would deem him anti- trapper. He did not feel the Governor would not have nominated those four people without good reasons. He supported all four of the Governor's appointees, especially Ms. Whittington-Evans. Number 2211 DOROTHY KEELER testified next via teleconference from Anchorage. Her husband is a hunter and her business supports the reputation of Alaska's wildlife resources. Both hunters and nonconsumptive users have the right to access on the Board of Game. The board determines the fate of the public's resource. She pointed out that hunters pay a fee for a private use of a public resource, just as the oil companies pay for the use of the public resource. MS. KEELER said there was a recent unanimous vote on the wolf sterilization program. The nominees listened to the facts and decided on the best alternative. The reason to confirm all four nominees because of their fairness and integrity. They are qualified to make the best choice. She was convinced that the Board of Game has the reasonable balance it needs, if and only if, all four nominees are confirmed. Number 2300 LEO KEELER, Chairman of the Board, Friends of McNeill River, testified next via teleconference from Anchorage. His organization has a composition of hunters and nonhunters, 70 percent of the members are hunters. He is a hunter. He said he attended the recent Board of Game hearing and said all four nominees asked good questions in order to find out the facts and make good decisions. He was particularly impressed with Ms. Whittington-Evans and Mr. Streveler. The Board of Game is looking at different definitions of game. He can accept that game means animals that are hunted, but their management must determine when they are hunted and set limits in different areas. This board must faces the changes which are occurring, they must work around the efforts of the legislature to pass laws which are intended to stop change. We cannot stop change, we must manage it and these nominees can accomplish this. Number 2369 DENNIS LEACH, Member, Homer City Council, testified next via teleconference from Homer. He said fish and game are public resources and anyone should have the right and ability to sit on the oversight of these resources. Only allowing one user group the right to do so is not fair, right and does not provide the various controls that are built into our judicial and democratic process. CO-CHAIRMAN OGAN said the legislature is determining whether or not they feel the appointees will fill their constitutional and statutory mandate. Number 2450 BILL STOCKWELL, Member, Cooper Landing Fish and Game Advisory Committee, testified next via teleconference from Anchorage. He was testifying for himself. He supported the confirmation of Ms. Quakenbush, Ms. Whittington-Evans, Mr. Fleagle and Mr. Streveler to the Board of Game. He personally knows Ms. Whittington-Evans and has worked with her on the advisory committee and on timber issues. He has read their resumes, testified before them this week and has listened to the deliberations on the issues. These appointees bring diverse backgrounds and interests to the Board of Game. TAPE 97-31, SIDE B Number 0000 MR. STOCKWELL commented that wildlife is reserved to the people for common use, managed for sustained yield and subject to the preferences among beneficial users. The common use and the beneficial uses for all Alaskans, not those with special interests or special agendas. The Board of Game is working hard to represent all Alaskans, the process is working and the legislature's vote to confirm these appointees will continue this process. He said he would fax the rest of his testimony to the committee. Number 0043 SUSAN QUINLAN testified next via teleconference from Fairbanks. She was in strong support of all the Governor's appointees to the Board of Game and against the ridiculous idea put forth to limit board members to licensed hunters. The board should be made up of a diverse group of people who are interested and knowledgeable about wildlife and wildlife conservation issues. She is interested in wildlife issues because of her interest in viewing wildlife and her work in tourism. Game is an important part of the ecosystem that makes all of Alaska habitable. Hunters and nonhunters have a stake in our wildlife populations and should have an equal opportunity to voice opinions and influence policy. This would not be the case if game board memberships were limited to hunters. The whole purpose of the game board system is to ensure that the public's concerns are addressed when hunting and trapping regulations are set. People who serve on the board should be interested in wildlife and have some knowledge. A hunting license is not an indication of the possession of such knowledge nor the lack of a hunting license an indication of ignorance. MS. QUINLAN stated that she has a bachelors and masters degree in wildlife biology. Despite her background, she has found many wildlife management questions addressed by the Board of Game complicated and without easy resolutions. This is so because we have inadequate scientific understanding of ecosystem functioning, in many cases there is limited and questionable data on game population levels and there are a wide variety of public interests and values to be met by wildlife resources. These interests include sport hunting, subsistence hunting, trapping, viewing, photography, tourism, scientific research and ecosystem maintenance. MS. QUINLAN said Alaska's wildlife resources belong to all Alaskans. We are caretakers of this resource for all the world's people. The tough decisions should be made by a board of people who represent a wide spectrum of wildlife uses and value, not by a board made up of a small proportion of our population. She strongly supported diversity in members and the Governor's appointees to the Board of Game. Number 0160 TOM SCARBOROUGH testified next via teleconference from Fairbanks. He said the board members are in charge of hundreds of millions of dollars worth of resources. Diverse decisions have to be made, most of which deal with the management of people not wildlife. He felt only Mr. Fleagle had qualifications to make these decisions. He could never support Ms. Whittington-Evans, Ms. Quakenbush or Mr. Streveler. Number 220 RONNIE ROSENBERG testified next via teleconference from Fairbanks. She supported Ms. Whittington-Evans because of their joint work on the 40 mile caribou herd management team. She is a nonhunter, one of the 88 percent of Alaskans who don't hunt. Ms. Whittington- Evans has listened to everyone and sought to make accommodations to include everyone's interests. She questioned the policy of only confirming hunters to the Board of Game. Number 0292 JOHN SCHOEN, Wildlife Biologist, Alaska Audubon Society, testified next via teleconference from Anchorage. He was representing himself as a hunter and as a wildlife conservationist. He urged confirmation of all four Governor's appointees to the Board of Game including Mr. Fleagle, Mr. Streveler, Ms. Quakenbush and Ms. Whittington-Evans. He did not know Mr. Fleagle personally, but he has seen him in action and felt he did a good job of researching the background and representing Alaskan interests. He personally knew Mr. Streveler, Ms. Quakenbush and Ms. Whittington-Evans and respected them professionally and felt they would be excellent board members. He has watched all four new appointments and thought they were doing an excellent job on the board. All four support sound conservation of Alaska wildlife resources, including responsible hunting. MR. SCHOEN said there has been recent divisiveness surrounding wildlife management in Alaska. This is unfortunate and counterproductive to everyone's interest. All wildlife users have more in common than they have in difference. By confirming all four appointees, the legislature recognizes that Alaska's wildlife is a common trust resource, belonging to all it's citizens. If all Alaskans feel represented in our system of wildlife management, they will support it which will reduce the likelihood that citizens will feel compelled to work outside the system through costly and divisive ballot initiatives. Number 0408 MIKE COUMBE testified next via teleconference from Anchorage. He is not a hunter, but respects the judgment of the hunters who make up the Board of Game. Hunters and nonhunters benefit from the wildlife populations in our state. The Board of Game needs a balance. He believed that Ms. Whittington-Evans, whom he knows and respects, would provide that balance to the Board of Game. He urged confirmation of her and the other three Governor's appointees to the board in order to represent the diversity which exists in the state of Alaska. Number 0462 JOANN UTT testified next via teleconference from Anchorage. She has attended various Board of Game hearings. She has been impressed with this Board of Game and has gained much knowledge. The board members seem to listen to both sides of the issue and their comments reflect a much need impartiality. It is only the narrow minded that divide the issues. She hoped the legislature would confirm the Governor's appointees, especially Ms. Whittington-Evans, Mr. Streveler and Ms. Quakenbush. Number 0555 DOROTHY KEELER testified next via teleconference from Anchorage. At the last confirmation hearing, Senator Sharp used a definition of game as evidence that only consumptive uses were relevant and that anyone without a hunting license was not qualified to sit on the Board of Game. If that logic is valid, then she submitted the definition of the word refuge. According to the new Merriam- Webster pocket dictionary, a refuge is shelter or protection from danger. She would then request that all hunting be outlawed on both state and federal wildlife refuges in Alaska. Number 0610 ADJOURNMENT There being no further business to conduct, CO-CHAIRMAN OGAN adjourned the meeting of the House Resources Standing Committee at 12:27 p.m.