ALASKA STATE LEGISLATURE  HOUSE RESOURCES STANDING COMMITTEE  March 11, 2019 1:23 p.m. MEMBERS PRESENT Representative John Lincoln, Co-Chair Representative Geran Tarr, Co-Chair Representative Grier Hopkins, Vice Chair Representative Sara Hannan Representative Ivy Spohnholz Representative Chris Tuck Representative Dave Talerico Representative George Rauscher Representative Sara Rasmussen MEMBERS ABSENT  All members present COMMITTEE CALENDAR  CONFIRMATION HEARING(S): Board of Game Jerry Burnett - Juneau CONFIRMATION(S) ADVANCED Big Game Commercial Services Board Jason Bunch - Kodiak Alfred Thomas Harris - Anchorage CONFIRMATION(S) ADVANCED PREVIOUS COMMITTEE ACTION  No previous action to record WITNESS REGISTER JERRY BURNETT, Appointee Board of Game Boards and Advisory Committees Alaska Department of Fish and Game Juneau, Alaska POSITION STATEMENT: Testified as appointee to the Board of Game. SAM ROHRER, President Alaska Professional Hunters Association Kodiak, Alaska POSITION STATEMENT: Testified in support during the confirmation hearing of Jerry Burnett, appointee to the Board of Game. MARK RICHARDS, Executive Director Resident Hunters of Alaska Fairbanks, Alaska POSITION STATEMENT: Testified in support during the confirmation hearing of Jerry Burnett, appointee to the Board of Game. RON SOMERVILLE, Spokesperson Territorial Sportsmen Juneau, Alaska POSITION STATEMENT: Testified in support during the confirmation hearing of Jerry Burnett, appointee to the Board of Game. JASON BUNCH, Appointee Big Game Commercial Services Board Division of Corporations, Business, and Professional Licensing Department of Commerce, Community & Economic Development Juneau, Alaska POSITION STATEMENT: Testified as appointee to the Big Game Commercial Services Board. SAM ROHRER, President Alaska Professional Hunters Association Kodiak, Alaska POSITION STATEMENT: Testified in support during the confirmation hearing of Jason Bunch, appointee to the Big Game Commercial Services Board. MARK RICHARDS, President Resident Hunters of Alaska Fairbanks, Alaska POSITION STATEMENT: Testified in support during the confirmation hearing of Jason Bunch, appointee to the Big Game Commercial Services Board. ALFRED THOMAS HARRIS, Appointee Big Game Commercial Services Board Division of Corporations, Business, and Professional Licensing Department of Commerce, Community & Economic Development Juneau, Alaska POSITION STATEMENT: Testified as appointee to the Big Game Commercial Services Board. MARK RICHARDS, President Resident Hunters of Alaska Fairbanks, Alaska POSITION STATEMENT: Testified in support during the confirmation hearing of Alfred Thomas Harris, appointee to the Big Game Commercial Services Board. ACTION NARRATIVE 1:23:45 PM CO-CHAIR GERAN TARR called the House Resources Standing Committee meeting to order at 1:23 p.m. Representatives Hannan, Talerico, Spohnholz, Rasmussen, Hopkins, Lincoln, and Tarr were present at the call to order. Representatives Tuck and Rauscher arrived as the meeting was in progress. ^CONFIRMATION HEARING(S): ^Board of Game CONFIRMATION HEARING(S):  Board of Game  1:24:09 PM CO-CHAIR TARR announced the first order of business would be a confirmation hearing for Jerry Burnett, appointee to the Board of Game. 1:25:14 PM JERRY BURNETT, Appointee, Board of Game (BOG), Boards and Advisory Committees, Alaska Department of Fish and Game (ADFG), informed the committee he was appointed to BOG on 2/22/19. He gave a brief personal history that included fishing and hunting beginning at an early age and continuing throughout his life. Mr. Burnett has been a resident of Juneau since 1981 and has worked in a variety of positions including 12 years as staff at the Alaska State Legislature and 15 years as a director and/or deputy commissioner for the Murkowski, Palin, Parnell, and Walker administrations; he retired as the deputy commissioner of the Department of Revenue in 2017. He and his wife now operate a fishing charter business. Mr. Burnett listed his many years of service to the Alaska Outdoor Council and Territorial Sportsmen, and authoring comments and proposals to BOG and the Board of Fisheries (BOF) related to access to federal lands and land use. He also noted he is familiar with hearing and considering public comment and testimony before making decisions and adopting regulations. Mr. Burnett described the role of BOG within the framework of the Alaska State Constitution and expressed his belief in his qualifications as a board member. 1:29:18 PM CO-CHAIR TARR said Mr. Burnett was appointed to a three-year term, and read the following statement [original punctuation provided]: The board consists of seven members appointed by the Governor; appointed on the basis of interest in public affairs, good judgement, knowledge, and ability in the field of action of the board, and with a view to providing diversity of interest and points of view in the membership. Members shall be residents of the state, appointed without regard to political affiliation or geographical location of residence; commissioner of the Department of Fish and Game is not a member, but serves as ex-officio secretary. MR. BURNETT clarified he was appointed [2/22/19] to a vacant position and his term will expire 6/30/21. CO-CHAIR TARR listed the current BOG roster. REPRESENTATIVE HANNAN asked for Mr. Burnett's view of the potential concession guide program that is intended to generate additional revenue from the commercial guiding industry to the state. MR. BURNETT acknowledged guiding is an important business in Alaska; the U.S. Forest Service (USFS), U.S. Department of Agriculture, issues guide concessions on national forest land as do other federal agencies. Without an opportunity for further review, he declined to comment. In further response to Representative Hannan, he said there is always potential for conflict between guided and unguided hunters on public land. 1:32:19 PM CO-CHAIR TARR asked what viewpoints should be represented on BOG: consumptive, non-consumptive, tourists, residents, or non- residents. MR. BURNETT opined all sitting board members are consumptive users, and everyone is a non-consumptive user; for example, in his experience as a tour operator, tourists who catch fish also enjoy wildlife viewing. He said the board benefits from members with a diversity of interests and backgrounds, not necessarily just from members who are dedicated to any specific use. CO-CHAIR LINCOLN asked Mr. Burnett to predict "the top two or three conflicts" that would come before the board. MR. BURNETT said typically there are conflicts between local residents and nonlocal residents related to hunting areas, and conflicts related to allocations between residents and nonresidents. Further, an upcoming issue before the board is a proposal to allocate more Kodiak Island brown bear permits to residents than to nonresidents. Also, there is controversy over how the Alaska Department of Fish and Game (ADFG) counts moose. CO-CHAIR LINCOLN asked: With regards to the local nonlocal and resident and nonresident, could you just describe your perspective on, do you have a general ... position on that, or is your point of view, does it vary from others on the board already? MR. BURNETT stated he was unsure of the other board members' opinions; generally, regarding animals used for meat, his stance favors local consumptive use, also considering other interests such as commercial interests, and the interests of private property owners. REPRESENTATIVE TUCK asked about the role of guide concessions in [conflicts related to allocations between local residents and nonresidents]. 1:37:11 PM MR. BURNETT said each situation differs in that game is sometimes less important as a food source than as a commercial activity, due to access and economics. CO-CHAIR TARR directed attention to ADFG's budget and questioned the role of BOG to ensure ADFG has the resources to fulfil its mission. MR. BURNETT advised most of the budget for wildlife management is sourced from license fees and federal matching funds; in fact, in his experience, there has been legislation - supported by user organizations - for increased hunting and fishing license fees to ensure adequate funding. The board must advocate for the department in all cases. REPRESENTATIVE RAUSCHER asked Mr. Burnett about his knowledge of [the Mycoplasma ovipneumoniae (M. ovi) virus affecting] domestic sheep, wild sheep, Dall sheep, and goats. MR. BURNETT explained diseases brought in from Outside or transferred from domestic sheep or goats to wild populations is a matter for ADFG and the Office of the State Veterinarian, Department of Environmental Conservation. Although unsure of specifics or best management processes, he said he is aware of the concern. In fact, an issue coming before BOG is related to mule deer and white-tailed deer coming into the state and there is an upcoming proposal to ensure carcasses are tracked by ADFG. CO-CHAIR TARR recalled a working group addressed the aforementioned issue and found that the transmission [of the virus] was not from domestic sheep and goats, but that the virus was endemic to the Alaska population. REPRESENTATIVE HANNAN asked about BOG's meeting schedule. 1:42:43 PM MR. BURNETT provided BOG's meeting schedule. REPRESENTATIVE HANNAN observed BOG has two more upcoming vacancies. REPRESENTATIVE TALERICO opined the [regional advisory committees established by the Joint Board of Fisheries and Game] process is very important to the Interior and asked whether Mr. Burnett agreed. MR. BURNETT said yes. He then pointed out there are 84 advisory committees that review every proposal before BOG, thus the committees are part of the essential public process. CO-CHAIR LINCOLN asked for Mr. Burnett's view of predator, or other species, population control. MR. BURNETT advised currently, Alaska has an intensive management law to guide BOG and ADFG in predator control; in a conflict over the allocation for game species, for which the primary use is food for human consumption, he favors human use. Therefore, predator control is required "at some time in some areas, otherwise you're going to lose your prey population"; although the issue can be politically-charged, [predator control] is necessary in some cases. CO-CHAIR LINCOLN related in the Northwest Arctic there has been an increase in bear and wolf populations that impact caribou and moose. In fact, an increase in the beaver population has impacted fish spawning habitat in Selawik. He suggested the issue of population control is not limited to predator control. 1:47:14 PM REPRESENTATIVE TUCK reported biologists believe the best time for aerial wolf hunting is in spring; however, ADFG contractors prefer to hunt wolves in fall. MR. BURNETT said understanding the issue reflects the purpose and cost of the action: [wolf] coats are more valuable to harvesters in fall, but spring is a more efficient time to hunt. He deferred to ADFG in this matter. In further response to Representative Tuck, he clarified BOG would have an influence [on predator control decisions], but more important are "commercial interests and what can work with the department and what they need to do." REPRESENTATIVE TUCK surmised certain decisions are dependent upon commercial interests versus what biologists recommend, which is if wolves are taken in fall there is a chance the population will recover and thus the resulting program would be more costly. MR. BURNETT made clear he did not intend to say the only consideration is for commercial interests; however, there may need to be a balance in terms of cost and efficiency. Without specifics, he declined further comment. REPRESENTATIVE TUCK returned to the question of allocation and asked for an example of [hunting] that may be too costly for local residents. MR. BURNETT posited if an [air taxi] flight is required to access a food source, that is not necessarily a practical or economical way to harvest meat for the table. Therefore, [hunting in a certain area] may be allocated instead to a trophy hunt. REPRESENTATIVE TUCK remarked: So, wouldn't the market determine that? ... I would think that there're Alaska residents that enjoy the meat, as well as do it for fun and adventure, and wouldn't mind going out to some of those places, even though it might cost a little bit more than to buy steak off the shelf. MR. BURNETT agreed. 1:51:36 PM REPRESENTATIVE RASMUSSEN asked why Mr. Burnett wishes to serve on BOG. MR. BURNETT responded he has a longtime interest in BOG issues and after retiring from state government in 2017, he would like to continue his public service to Alaska. 1:52:31 PM CO-CHAIR TARR opened public testimony on the confirmation hearing of Jerry Burnett. 1:53:24 PM SAM ROHRER, President, Alaska Professional Hunters Association, expressed his organization's support of the appointment of Jerry Burnett. He said Mr. Burnett has a long history of involvement with fish and wildlife issues in the state at the local advisory committee level, and is a lifelong hunter and fisherman committed to ensuring Alaskans have access to fish and game resources. Also, Mr. Burnett's wide professional experience would be a positive influence on his service on BOG. CO-CHAIR TARR returned attention to the upcoming issue before BOG related to brown bear permits, that are limited to local or nonlocal residents, and asked about Mr. Burnett's role. MR. ROHRER acknowledged there are several proposals that he believes will have a negative effect on the economic activities in his community and on his personal livelihood; however, APHA does not support an appointee on the basis of one specific issue but supports those who are openminded and fair. 1:56:36 PM MARK RICHARDS, Executive Director, Resident Hunters of Alaska (RHAK), informed the committee RHAK represents 2,000 Alaskans who support a resident hunting priority. Mr. Richards referred to written testimony provided in the committee packet [dated 3/13/19], in support of the appointment of Jerry Burnett, and stated he and the board of directors of RHAK are very impressed with Mr. Burnett's qualifications. Further, Mr. Burnett's testimony today has shown he is well-prepared for upcoming BOG meetings. Regarding the guide concession program, Mr. Richards reported $2.1 million in federal receipt authority designated to establish the proposed guide concession program is not available; therefore, RHAK recommends the Big Game Commercial Services Board and BOG undertake "those issues that are under their authority." 1:58:53 PM RON SOMERVILLE, Spokesperson, Territorial Sportsmen, informed the committee Territorial Sportsmen is a local sportsmen's group that has sponsored $1.7 million in local high school scholarships. He noted Mr. Burnett has participated in events that have helped local communities, and Territorial Sportsmen supports his appointment. Mr. Somerville pointed out Mr. Burnett has experience in legislative matters as staff, and as a member of the administration, which he said would be helpful to other members of the board when determining legislative intent. Further, Mr. Burnett is an advocate for state's rights who would be a fair arbiter of differing viewpoints, and he urged the committee to support Mr. Burnett's appointment. 2:01:35 PM CO-CHAIR TARR, after ascertaining no one further wished to testify, closed public testimony. 2:01:53 PM CO-CHAIR LINCOLN paraphrased from the following statement: The House Resources Standing Committee has reviewed the qualifications of the governor's appointee, Jerry Burnett, to the Board of Game and recommends his name be forwarded to a joint session for consideration. This does not reflect intent by any of the members to vote for or against this individual during any further sessions for the purpose of confirmation. 2:02:29 PM The committee took a brief at-ease. ^Big Game Commercial Services Board Big Game Commercial Services Board  2:05:43 PM CO-CHAIR TARR announced the next order of business would be confirmation hearings for Jason Bunch and [Alfred Thomas Harris], appointees to the Big Game Commercial Services Board. She paraphrased from the following written statement [original punctuation provided]: The terms for the Big Game Commercial Services Board are four years; the board consists of nine members, eight are appointed by the governor; two members who are licensed registered guide-outfitters; two members who are licensed transporters; one member of the Board of Game chosen by the Board of Game and who does not hold a guide or transport license; two members who represent private landholders affected by guided hunting or transportation activities and services and do not hold a license under this board, and two public members. The function: The board licenses and regulates the activities of providers of commercial services to big game hunters in the interest of the state's wildlife resources. Meetings are at least twice annually. 2:07:03 PM JASON BUNCH, Appointee, Big Game Commercial Services Board (BGCSB), Division of Corporations, Business, and Professional Licensing, Department of Commerce, Community & Economic Development, informed the committee he is a retired helicopter rescue swimmer for the U.S. Coast Guard and a 21-year resident of Kodiak where he lives with his family. Last year he was appointed to fill a vacant registered guide seat on BGCSB, and he reviewed some of the board's successes during the last year: working with licensees, eliminated a $1 million deficit; completed a rewrite of the registered guide outfitter licensing exam; worked with land managers, Alaska State Troopers, and licensees to draft, adopt, and clarify position statements; reviewed statutes and regulations that may need to be adjusted; continue to review regulations for clarity and efficiencies; review violations that require board action. Mr. Bunch said in his experience in USCG, he was part of a professional group serving a maritime environment, and he would like to continue to serve Alaska, promoting the guide industry as a respected and professional occupation. REPRESENTATIVE TUCK recognized Mr. Bunch for his USCG service in Alaska. REPRESENTATIVE HANNAN expressed her understanding the state could improve its economic return by establishing a concession program for commercial guides that would increase revenue. MR. BUNCH stated his support for a concession program for big game guiding in Alaska. He said he is a [U.S. Fish and Wildlife Service, Department of the Interior, national wildlife] refuge permit holder, as well as a Department of Natural Resources (DNR) permit holder, and thus understands the differences between the two licenses. Further, his experience with the U.S. Forest Service (USFS), Department of Agriculture, on concession policies, and his personal knowledge of land use permits, leads him to support a concession program within DNR. Mr. Bunch offered to submit written testimony explaining the "pros and cons" of a DNR concession program. CO-CHAIR TARR indicated Mr. Bunch's written testimony would be distributed to the committee. [Although not stated on the record, the committee treated public testimony on the appointment of Jason Bunch to the Big Game Commercial Services Board open.] 2:12:17 PM SAM ROHRER, President, Alaska Professional Hunters Association (APHA), stated APHA's strong recommendation to reconfirm Jason Bunch to BGCSB. Mr. Rohrer said subsequent to Mr. Bunch's appointment to a vacant seat on the board last year, he quickly familiarized himself with all board functions and processes and worked tirelessly on behalf of the board. Further, in addition to his extensive knowledge of the guiding industry, Mr. Bunch seeks information from others when necessary. Mr. Rohrer remarked, "You will not find a harder worker than Mr. Bunch, bar none ...." 2:14:03 PM MARK RICHARDS, Executive Director, Resident Hunters of Alaska (RHAK), informed the committee RHAK represents 2,000 Alaskans who support a resident hunting priority. Mr. Richards expressed RHAK's strong support of Jason Bunch's reappointment to BGCSB. He acknowledged that although RHAK and Mr. Bunch may disagree, Mr. Bunch maintains professionalism and is a great asset to the board. CO-CHAIR TARR ascertained no one further wished to testify on the appointment of Jason Bunch. 2:15:48 PM ALFRED THOMAS HARRIS, Appointee, BGCSB, Division of Corporations, Business, and Professional Licensing, DCCED, said he is [an appointee to the BGCSB seat representing private landowners]. Mr. Harris informed the committee he is Alaska Native from the community of Saxman, and descends from the Tongass Tribe and Richard Harris, co-founder of Juneau. Mr. Harris serves as CEO of Knikatnu, Inc., the village corporation for the Knik/Wasilla area, and serves as a director for the Cape Fox Corporation, the Alaska Native Claims Settlement Act (ANCSA) village corporation for Saxman. He gave a brief history of his previous service on boards and his experience as president of Alaska Village Initiatives (AVI), a federally created Community Enterprise Development Corporation of ANCSA corporations and Tribes, that seeks to pursue the economic development goals of achieving food and energy security from corporation and Tribal land in rural communities. Mr. Harris reported wildlife resources in Alaska have diminished; in 2001 [according to a document provided in the committee packet entitled, "Grazing Wildlife Production by State], more wildlife was harvested within 50 miles of Washington, DC, than was harvested in Alaska. Alaska Village Initiatives works to reverse this trend by using federal funds, as other states have done. He said rural communities and the commercial guiding industry have suffered from depleted resources, even though federal funds are available to restore resources and habitat. Further, AVI seeks to partner with the guiding industry and local communities in this effort as a completing, not a competing interest. He directed attention to additional documents and written testimony provided in the committee packet. REPRESENTATIVE RAUSCHER asked for more information as to how the relationship between private landowners, the state, and the big game guiding industry affects the loss of wildlife. MR. HARRIS advised Alaska may be the only state that does not have a formal recognition of the private landowner as a critical partner in the restoration of wildlife resources. He pointed out the national budget for the purpose of habitat protection and renewal exceeds $5 billion, of which through 2008, Alaska's landowners received less than one-tenth of 1 percent of the national average. During the Hammond Administration [1974-1982] the wildlife harvest for the Kenai Peninsula ranged from 700 to 2,400 moose; in 2012, said harvest dropped to 66 moose. Alaska Village Initiatives seeks to reverse this trend through a process called Tribal Conservation Districts (TCDs), a federally recognized and acknowledged relationship to provide federal funding for the restoration of resources. 2:20:35 PM CO-CHAIR TARR asked Mr. Harris to connect his testimony related to his work at the Native corporations with his appointment to BGCSB; she pointed out the board would not seek federal funding. MR. HARRIS further explained TCDs have existed throughout the Lower 48 for 40 years and currently there are 23 TCDs in Alaska. Ideally, TCDs operate in partnership with states as completing - not competing - interests; in other states, TCDs work with departments of fish and game and wildlife habitat to identify areas of concern, on and off, private land. He described restoration procedures occurring in Washington, Oregon, California, and Idaho that are critical to the restoration of salmon species in rivers. CO-CHAIR TARR restated her question. MR. HARRIS said [the state] must create more wildlife habitat; currently, Alaska is suffering from a depleted resource which means it must manage its habitat on public and private land to abundance for the benefit of the commercial guiding industry; in fact, in the Lower 48 "private landowners are in net export of wildlife to public lands because of the abundance that they produce." CO-CHAIR TARR recalled at the Annual Invasive Species Workshop, Tyonek reported establishing a TCD; she surmised Mr. Harris' interest [in serving on BGCSB] is in support of a guiding industry that accommodates residents and nonresidents, and an understanding of the connection between habitat on private and public land. 2:24:21 PM MR. HARRIS stated he assisted in the creation of the TCD in Tyonek, which was the first in Alaska. His previous experience in Texas and New Mexico revealed those states support their wildlife industries and welcome opportunities for concessions; AVI does not regard TCDs as private ownership of wildlife by the private landowner, but of the ownership of wildlife habitat that benefits wildlife production. Tyonek restored its moose population through a brief [bear predator control] program facilitated by ADFG. REPRESENTATIVE HANNAN observed most deer hunting in Pennsylvania, New York, and Virginia occurs on private land; she questioned whether a private landowner who receives federal money for private habitat enhancement could restrict who hunts on their land - unlike in most of Alaska - which may be the reason Alaska has not pursued habitat enhancement funding. MR. HARRIS advised the harvest rate per acre in Pennsylvania is 100 times over that of Alaska. He credited Pennsylvania's increased harvest to a partnership with private landowners who were encouraged to create green zones and habitat management; although the state controls wildlife management, it rewards private landowners in order to benefit the landowners, the guides, and the visiting hunters. Currently, Alaska has a budget shortfall of $1.4 billion-$1.6 billion; [his proposal] presents an opportunity to grow a wildlife resource to benefit residents by restoring resources to traditional levels in Tyonek and other areas. 2:29:30 PM REPRESENTATIVE HANNAN asked whether Tyonek [Native] Corporation allows non-shareholders to hunt on their land and, if so, at what cost. MR. HARRIS recalled AVI and ADFG facilitated a program that brought wounded warriors to the TCD in Tyonek, who helped create a green zone around the village to protect the village from aggressive bears. The program was fully guided and compliant with state regulations. He said, "We have much to learn from the rest of the nation on how to set this up, our goal is to share this information so we, in a safe manner, not make it a Native or non-Native issue, a landowner or nonlandowner issue, but a way to establish these as concessions as you would in a state or national park ...." REPRESENTATIVE HANNAN expressed her understanding, from the example of Tyonek, that wounded warriors were allowed a guided hunt on Tyonek land but, generally, nonguided hunters did not have access. MR. HARRIS said private landowners do not want a "free-for-all on their property" and thus need the state to establish a program of guided hunting as occurs in other states. He restated the mechanism and benefits of his proposal. REPRESENTATIVE RAUSCHER sought further contact with Mr. Harris. MR. HARRIS asked Co-Chair Tarr to share his contact information with all. REPRESENTATIVE SPOHNHOLZ referred to the reports of declining harvest rates in Alaska [provided in the committee packet] and stated her support for Mr. Harris' new approach to increase the number of game available for Alaskans to hunt. 2:35:09 PM CO-CHAIR TARR opened public testimony on the appointment of Alfred Thomas Harris to the Big Game Commercial Services Board. 2:35:19 PM MARK RICHARDS, Executive Director, Resident Hunters of Alaska (RHAK), informed the committee RHAK represents 2,000 Alaskans who support a resident hunting priority. Mr. Richards expressed RHAK's support of Alfred Thomas Harris' appointment to the landowner seat on BGCSB due to Mr. Harris' knowledge of wildlife management and food security issues. He opined the Tribal Conservation Districts of which Mr. Harris spoke seek agreements with ADFG related to predator control programs on their land, such as occurred in Tyonek, which would benefit not just the TCD, but hunters who are hunting outside [private] land as moose or caribou populations increase. Mr. Richards said one issue RHAK would stress is that when hunters are allowed to access Tribal land, residents are also granted access along with guided nonresident hunters. 2:36:55 PM CO-CHAIR TARR, after ascertaining no one further wished to testify on the appointments, closed public testimony. CO-CHAIR LINCOLN paraphrased from the following statement: The House Resources Standing Committee has reviewed the qualifications for the governor's appointees, Jason Bunch and Alfred Thomas Harris, to the Big Game Commercial Services Board and recommends that the names be forwarded to a joint session for consideration. This does not reflect intent by any member present to vote for or against these individuals during any further sessions for the purpose of confirmation. 2:40:06 PM ADJOURNMENT  There being no further business before the committee, the House Resources Standing Committee meeting was adjourned at 2:40 p.m.