ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
March 30, 2011
1:07 p.m.
MEMBERS PRESENT
Representative Eric Feige, Co-Chair
Representative Paul Seaton, Co-Chair
Representative Peggy Wilson, Vice Chair
Representative Alan Dick
Representative Neal Foster
Representative Bob Herron
Representative Cathy Engstrom Munoz
Representative Berta Gardner
Representative Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S): COMMERCIAL FISHERIES ENTRY COMMISSION
- HEARD
CONFIRMATION HEARING(S): BIG GAME COMMERCIAL SERVICES BOARD
- HEARD
HOUSE BILL NO. 173
"An Act amending the termination date of the licensing of sport
fishing operators and sport fishing guides; and providing for an
effective date."
- MOVED OUT OF COMMITTEE
HOUSE BILL NO. 106
"An Act extending the termination date of the Alaska coastal
management program and relating to the extension; relating to
the review of activities of the Alaska coastal management
program; providing for an effective date by amending the
effective date of sec. 22, ch. 31, SLA 2005; and providing for
an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 173
SHORT TITLE: SPORT FISHING GUIDING SERVICES
SPONSOR(s): FISHERIES
02/25/11 (H) READ THE FIRST TIME - REFERRALS
02/25/11 (H) FSH, RES
03/08/11 (H) FSH AT 5:00 PM CAPITOL 120
03/08/11 (H) Moved Out of Committee
03/08/11 (H) MINUTE(FSH)
03/09/11 (H) FSH RPT 2DP 2NR
03/09/11 (H) DP: AUSTERMAN, THOMPSON
03/09/11 (H) NR: MILLER, PRUITT
03/09/11 (H) FIN REFERRAL ADDED AFTER RES
03/25/11 (H) RES AT 1:00 PM BARNES 124
03/25/11 (H) Heard & Held
03/25/11 (H) MINUTE(RES)
03/30/11 (H) RES AT 1:00 PM BARNES 124
BILL: HB 106
SHORT TITLE: COASTAL MANAGEMENT PROGRAM
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) RES, FIN
03/07/11 (H) RES AT 1:00 PM BARNES 124
03/07/11 (H) Heard & Held
03/07/11 (H) MINUTE(RES)
03/11/11 (H) RES AT 1:00 PM BARNES 124
03/11/11 (H) Heard & Held
03/11/11 (H) MINUTE(RES)
03/16/11 (H) RES AT 1:00 PM BARNES 124
03/16/11 (H) Heard & Held
03/16/11 (H) MINUTE(RES)
03/18/11 (H) RES AT 1:00 PM BARNES 124
03/18/11 (H) Heard & Held
03/18/11 (H) MINUTE(RES)
03/23/11 (H) RES AT 1:00 PM BARNES 124
03/23/11 (H) Heard & Held
03/23/11 (H) MINUTE(RES)
03/25/11 (H) RES AT 1:00 PM BARNES 124
03/25/11 (H) Heard & Held
03/25/11 (H) MINUTE(RES)
03/28/11 (H) RES AT 1:00 PM BARNES 124
03/28/11 (H) Heard & Held
03/28/11 (H) MINUTE(RES)
03/30/11 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
BEN BROWN, Appointee
Commercial Fisheries Entry Commission (CFEC)
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion of the
confirmation hearing for the Commercial Fisheries Entry
Commission (CFEC).
KELLY VREM, Master Guide Number 102
Sutton, Alaska
POSITION STATEMENT: Answered questions during the confirmation
hearing.
REPRESENTATIVE STEVE THOMPSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as prime sponsor and recapped the
provisions of HB 173.
CHARLES SWANTON, Director
Division of Sport Fish (DSF)
Alaska Department of Fish & Game (ADFG)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the discussion of
HB 106.
JOE BALASH, Deputy Commissioner
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the discussion of
HB 106.
ACTION NARRATIVE
1:07:32 PM
CO-CHAIR PAUL SEATON called the House Resources Standing
Committee meeting to order at 1:07 p.m. Representatives Seaton,
P. Wilson, Kawasaki, Munoz, Foster, and Feige were present at
the call to order. Representatives Dick, Herron, and Gardner
arrived as the meeting was in progress.
^CONFIRMATION HEARING(S): Commercial Fisheries Entry Commission
CONFIRMATION HEARING(S): Commercial Fisheries Entry Commission
1:07:45 PM
CO-CHAIR SEATON announced that the first order of business would
be the confirmation hearing on Ben Brown, Appointee to the
Commercial Fisheries Entry Commission (CFEC).
1:08:44 PM
BEN BROWN, Appointee, Commercial Fisheries Entry Commission
(CFEC), stated that he has been appointed by the administration
to serve on the CFEC. He said he born in Anchorage, went to
school in Alaska, and graduated from Palmer High School. He
then attended Georgetown University's School of Foreign Service
and came back to Alaska. He worked for Senator Curt Menard and
moved to Anchorage and for the Alaska Public Radio Network
(APRN) prior to his staff work for Representative Cynthia
Toohey, Senators Drue Pearce, and Tim Kelly. He said at the
late Senator Kelly urging to get additional education, he
attended Northeastern University Law School in Boston. He
pointed out that Northeastern University mandates that its
students work three months in alternating three-month coop
blocks. His first coop was spent working for Senator Ted
Stevens in Washington D.C., his next for the Office of Public
Advocacy (OPA) as a criminal defense intern, and finally working
for a private firm. He then wrapped up his law school education
in New York City.
1:11:30 PM
MR. BROWN related that he returned to Juneau ten years ago to
clerk for Judge Larry Weeks, who at the time was the presiding
judge for the First Judicial District. He described this
experience as an outstanding one. He related that he
subsequently held a position with the Department of Revenue as a
hearing officer working on appeals for the Child Support
Enforcement office.
MR. BROWN stated that since then he has lived in Juneau year
round. He has been a lobbyist for the Alaska State Chamber of
Commerce for one legislative session. He worked on Lisa
Murkowski's election during her first campaign. He also worked
as the Legislative Liaison for the Department of Environmental
Conservation (DEC), lobbying from the state's perspective. The
department had a host of things it wished to accomplish,
including working to have permits issued in the state under the
Clean Water Act (CWA). The DEC was able to get the initial bill
through the legislature that year. He noted that the work on
the CWA has not yet been completed.
1:14:08 PM
MR. BROWN explained for the past four years he has been in
private practice in Juneau, first with Choate Law Firm and for
the past three years with Baxter, Bruce, & Sullivan. He learned
Frank Homan was leaving his position with the CFEC so he
discussed the CFEC with people, including Judge Weeks and Judge
Froehlich before deciding to pursue the job. Subsequently, the
Governor appointed him to the CFEC position.
1:15:28 PM
REPRESENTATIVE P. WILSON noticed he does not have a background
in fishing and inquired as to why he was pursuing this position.
MR. BROWN answered that he reviewed the CFEC's statutes. At
statehood language written in the state's constitution strongly
prevented limitation of access to Alaska's natural resources.
The "common use clause" applies to all resources and the "no
exclusive right of fisheries clause" is very specific to
fisheries. He emphasized some felt the constitutional
provisions were not working so voters amended the constitution
in 1972 and by a three to one ratio to create an exception. In
1973, the legislature wrote the Limited Entry Act, which calls
for Alaskans with a broad range of interests and professional
experience to sit as commissioners. However, commissioners are
not allowed to have any vested financial interest in a limited
fishery for the obvious reason of conflicts of interest. He
offered his belief that he possesses a wide-range of
professional experience. He has known many commercial fishermen
since he was raised in Alaska, although he acknowledged that he
did not have any personal experience with fisheries. He said he
discovered from speaking with Judge Froehlich and others that
much of the CFEC's work was law-related work. He elaborated
that the CFEC is a quasi-judicial agency and often must
interpret its statutes and adopt regulations which comport with
the statutes. This agency has done a pretty good job in doing
so, since it has been overturned a relatively small number of
times by the Alaska Supreme Court. He recalled one member of
the court has referred to the CFEC's statutes as an arcane area
of law which requires expertise. That interpretation appealed
to him, as an attorney, to find a focused area and become
somewhat of an expert at it. He found it more difficult for him
to gain expertise in one area in private practice, in
particular, since he worked in general practice on a wide range
of activities.
1:18:04 PM
MR. BROWN related another attractive attribute of this position
was the narrow statutes and regulations. He thought the CFEC's
work would be intellectually challenging, but at the same time
is very important to the economic and social health of the State
of Alaska. He remarked that he has a tremendous amount of
respect for Chair Bruce Twomley, who has served on the CFEC
since 1982 since he was appointed by Governor Hammond. He added
that he has immensely enjoyed the CFEC's work during this past
month.
1:19:09 PM
REPRESENTATIVE MUNOZ pointed out that certain fisheries have
been dominated by nonresidents of Alaska. She inquired as to
whether he had any ideas for local people to become more
involved.
MR. BROWN responded that Representative Munoz raises one of the
balancing acts, not only for the CFEC, but for the legislature
as a whole. He acknowledged that it is important to Alaskans to
have the fruits of the natural resources enjoyed mostly by
Alaskans. However, the country's founders framed the U.S.
Constitution to include the "privileges and immunities clause,"
which sharply curtails actions any state can take to help its
own residents while it diminishes or harms nonresidents. He
related a scenario in which vessel license fees were issued on a
three to one ratio, so non-Alaskans were charged three times as
much as Alaska's residents. The Carlson case ensued and
addressed the issue, he said, noting that this case has been
before the Alaska Supreme Court on several occasions. He
acknowledged that it is not easy to craft a regulatory regime to
be more beneficial to Alaskans as opposed to non-Alaskans. He
reported that about 75 percent of the current permit owners are
Alaskans and this has remained fairly constant over the years.
He recalled a study done that indicated the biggest migration in
permits has been from rural to urban Alaskans rather than
Alaskans versus those residing outside of Alaska. He indicated
that the permit ownership is somewhat difficult to tie down, so
it is somewhat based on the honor system although penalty
provisions do apply. He offered his view that the vast majority
of the method in which permits are issued encourages Alaskan
citizens since the farther a person lives from the fishery the
less likely it is that a person can use the permit to his/her
advantage. He was unsure of whether the CFEC can solve the
resident versus non-resident problem, but the CFEC could help
the legislature and other solve it through other means such as
enacting loan programs to encourage Alaskans to be more involved
in the fisheries.
1:22:47 PM
REPRESENTATIVE HERRON recalled reading an op-ed in "The Alaska
Observer" on Sarah Palin written by Mr. Brown. He inquired as
to why Mr. Brown had selected the obscure paper and what type of
reaction had he received from his column.
MR. BROWN responded that he has written a column for the Juneau
Empire for about five years. He related that his column has
been referred to as "The Alaska Observer." He said the newspaper
changed hands several times and a few editors ago the newspaper
quit referring to his column as "The Alaska Observer." He
indicated he had selected the name from the New York Observer
which was a weekly paper he read when he lived in New York while
attending law school. He reflected on his role as a columnist,
noting it brings up the dilemma of the columnist wanting to
write something that people will read and be interested in, but
it also means the content will also make some people unhappy.
He mentioned he previously had written columns prior to law
school. Out of all the columns he's written, "Saying nice
things about Sarah Palin was a surefire way to get a response
from Republicans and from Democrats," he said. He recalled that
his family knew her parents, the Heaths, in Palmer but Ms. Palin
was a few years ahead of him in school so he did not know her.
He learned about Ms. Palin once she became part of the political
process and he offered that she did some good things for Alaska
while she was governor. He has stopped writing about her since
she has moved on to other things. He also remarked that he has
never written anything he did not believe to be true.
1:25:14 PM
REPRESENTATIVE HERRON asked whether he holds a proprietary title
to "The Alaska Observer" since World News Network, wn.com, also
has a subtitle called "Alaska Observer."
MR. BROWN answered that has never had any proprietary ownership
to the specific name.
1:26:02 PM
REPRESENTATIVE MUNOZ commented that she has known Mr. Brown for
many years and has been impressed by his intellect and community
service in public radio and theatre. She said she is pleased to
have him step forward for this position.
CO-CHAIR SEATON noted that many legislators have held
conversations with Mr. Brown regarding various theatre groups or
during his previous lobbying efforts. He recalled the lack of
Alaskans participating in the scallop fishery due to the
structure of the fishery. He thought that the discussions were
in line with how to get more Alaskans involved in the fisheries.
He looked forward to ongoing investigations to encourage more
Alaskans to participate in all fisheries in Alaska.
1:27:45 PM
MR. BROWN clarified that Alaska's statutory authority to issue
vessel-based permits for the weathervane scallops will sunset on
December 30, 2013. He acknowledged the deadline will probably
be coming back before the body before the sunset date. He
pointed out that the ADF&G would also be reviewing this matter.
CO-CHAIR SEATON said he thought everyone could agree that the
legislature would like to see the ability of more Alaskans to
participate.
1:28:57 PM
REPRESENTATIVE DICK indicated that he was impressed Mr. Brown
has asked others for wisdom, which speaks to him. He said he
liked his willingness to speak to others which seems to be an
indicator that Mr. Brown has an open mind.
CO-CHAIR FEIGE stated that the House Resources Standing
Committee has reviewed the qualifications of Ben Brown for the
Alaska Commercial Fisheries Entry Commission (CFEC). He moved
to forward his name to the joint session of the House and Senate
for confirmation. There being no objection, Mr. Brown's name
was advanced from the House Resources Standing Committee.
CO-CHAIR SEATON noted that each member's signature on the
committee's report in no way reflects the member's vote during
the joint floor session.
1:30:05 PM
^CONFIRMATION HEARING(S): Big Game Commercial Services Board
CONFIRMATION HEARING(S): Big Game Commercial Services Board
1:30:16 PM
CO-CHAIR SEATON announced that the next order of business would
be the confirmation hearing on Kelly Vrem, appointee to the Big
Game Commercial Services Board.
1:30:42 PM
KELLY VREM, Master Guide Number 102, stated that he was born in
Anchorage and was raised in Eagle River, Alaska. He moved to
Bethel in 1979 for Chugach Aviation. He graduated from Chugiak
High School and attended college in Colorado but quit to come
back to Alaska to guide. He became an assistant guide in 1972
and a registered guide in 1977. He has been actively involved
in guiding since 1972, but has also been a pilot and heavy
equipment operator. He moved from Bethel to Chugiak in 1982 and
in 2009 relocated to Sutton.
MR. VREM said he has attended the majority of the Guide Board's
meetings since 1974 and has seen various permutations of the
board. He emphasized that he has an active interest in guiding
regulations and has been a strong advocate of regulating guides.
He offered his belief that the legislature has far more
important things to do and this board serves a useful function
by regulating the guiding activities in Alaska and adjudicating
any problems or correctional activities.
1:33:11 PM
REPRESENTATIVE HERRON asked whether Mr. Vrem still had an
airstrip on the Salmon River off the Aniak.
MR. VREN answered no, that he left that specific area in 1984.
He offered his belief that another guide, Bob Adams has it now.
1:33:39 PM
REPRESENTATIVE HERRON inquired about guiding sheep in McGrath
area. He said he has heard complaints that the state should
return to guides having an area rather than outfitters come
through to vacuum up all the sheep before moving on to the next
area.
MR. VREN answered that he supports guide-use areas because it
has many benefits. He characterized it as similar to limited
entry in some respects since the areas provide guiding rights
but not exclusive use of game. The guide can "farm the area"
and work with ADF&G to determine optimum harvest levels. It
would also provide resident hunters a change to go to an area
with known hunting pressure. He reiterated that without guide
areas some people will work an area for two weeks then move on
to another area for moose season and on to yet another unit to
hunt for brown bear. He offered his belief that without guide
areas the game units are subject to wide fluctuations of hunting
pressure. He elaborated that some areas of the state are under-
utilized by guides and other areas have been over-utilized by
guides.
1:36:01 PM
CO-CHAIR FEIGE advised members that he used to do business for
Mr. Vrem by hauling clients to his camp from 1997-1999. He
stated that Mr. Vrem "runs a good operation" and maintains high
standards. He said he believe Mr. Vrem's heart is in this
position. He asked him to discuss the letter in members'
packets that outline three main events which changed guiding in
Alaska. He further asked him to elaborate on the second point
by describing how Alaska National Interest Lands Conservation
Act (ANILCA) changed guiding.
MR. VREN answered that he had been guiding on the Andreafsky
River and on the Kawalik River when the national wildlife
refuges came into being. He related that the progression was
not too bad although it was under the U.S. Fish & Wildlife
Service (USFWS), which had stringent rules and operating
parameters. Since ANILCA passed he has sensed that the federal
agencies are increasingly managing the wildlife, which he
thought should be reserved to the ADF&G. The federal government
started regulating guides after the Owsichek decision was issued
and the state delayed implementing re-implementing guide-use
areas to accommodate the Alaska Supreme Court's decision. He
offered his belief that the state could be "stuck" with a dual-
guide system with both the federal and state involvement.
1:38:45 PM
CO-CHAIR SEATON related his understanding that the exclusive
guiding area were thrown out by a court decision. He further
understood that Mr. Vrem supports exclusive guide-use areas but
he assumed Mr. Vrem was not in favor of trying to override the
Owsichek decision.
MR. VREN agreed. He pointed out the Owsichek decision by the
Alaska Supreme Court stipulated three things. It stipulated
that the guide-use areas did not expire. It identified that the
state did not receive any financial remuneration from guide
activities. Finally, it identified that the initial criteria
had been based on prior occupancy. Essentially, the judge said
the state could resume using guide areas if it addressed those
three issues but the state did not do so. The DNR Division of
Mining, Land and Water have been developing guide-use area
concepts but the BGCSB has not participated except in an
advisory capacity. He related that public comment will be taken
to determine what, if any, system should be in place for guide-
use areas on state lands. He did not think many exclusive use
areas, if any, would be established. He related a scenario in
which one of the areas he was assigned sole use of has been
divided into three parts and each of the three parts contains
three guide-use areas. Thus, instead of one guide there will
now be guides operating in the same land area.
1:41:45 PM
CO-CHAIR FEIGE inquired as to the size of the moose rack
pictured on his website.
MR. VREN answered the one he thinks he is referring to is about
62 inches but he has taken a couple of 65 inch moose last year.
1:42:24 PM
CO-CHAIR FEIGE stated that the House Resources Standing
Committee has reviewed the qualifications of Mr. Kelly Vrem for
the Big Game Commercial Services Board (BGCSB). He moved that
Mr. Kelly Vrem's name be forwarded to the joint session of the
House and Senate for confirmation. There being no objection,
Mr. Vrem's name was advanced from the House Resources Standing
Committee.
CO-CHAIR SEATON noted that each member's signature on the
committee's report in no way reflects the member's vote during
the joint floor session.
1:43:06 PM
The committee took an at-ease from 1:43 p.m. to 1:44 p.m.
HB 173-SPORT FISHING GUIDING SERVICES
1:44:14 PM
CO-CHAIR SEATON announced that the next order of business is
HOUSE BILL NO. 173, "An Act amending the termination date of the
licensing of sport fishing operators and sport fishing guides;
and providing for an effective date."
1:44:44 PM
REPRESENTATIVE STEVE THOMPSON, Alaska State Legislature, stated
that HB 173 would provide a one-year extension of an existing
program for sport fishing guides, fishing operators' licensing
and log book. He offered that this program benefits both the
state and industry. The program provides valuable economic data
on sport fishing industry and critical harvest data for resource
managers and also provides recognition and professionalism for
sport fish guides and operators. This bill has a companion bill
in the other body. The ADF&G supports the bill in its current
form. He reiterated that this bill would provide a one-year
extension of an existing program that is good for the state and
the industry.
1:46:22 PM
CHARLES SWANTON, Director, Division of Sport Fish (DSF), Alaska
Department of Fish & Game (ADFG), referred to the fiscal note
and explained that the change would truncate the fiscal year
2013 to reflect the program's sunset date of January 1, 2013.
The problem identified at the last hearing indicated that
although the program operates on a fiscal year the actual
program begins on January with the issuance of log books,
licensing, and updating information for the upcoming season.
1:48:04 PM
REPRESENTATIVE P. WILSON offered her belief that sport fish
guiding is needed. She inquired as to the reason for the
legislature taking this action for only one year at a time.
CO-CHAIR SEATON related that over the interim a panel will meet
to work out details on this program. Additionally, this bill
coincides with a bill in the other body to avoid a conference
committee.
1:49:36 PM
REPRESENTATIVE MUNOZ said she hoped the task force will
recommend extending this program beyond one year because she
thinks it is effective. She asked about previous testimony
about a duplication of data.
1:50:21 PM
MR. SWANTON answered that the division has three primary data
collection programs, including the comprehensive statewide
harvest survey which has been conducted since 1977, the creel
programs focused on certain fisheries, and the logbook program.
He pointed out that there is some redundancy since anyone who
buys a license is eligible to receive a survey so the chance of
someone going out on a boat receiving a survey is high.
Additionally, some redundancy exists since the department
compares estimates using data from a subset of charter boat
fishermen logbook reports as a verification tool. He offered
his belief that the ADF&G's methods as well as the logbook
program provide more than adequate data.
1:52:55 PM
REPRESENTATIVE KAWASAKI referred to the fiscal note which
includes funds from the sport fish license sales. He inquired
as to whether the sport fish license fee use is appropriate.
MR. SWANTON responded that the program was originally instituted
in 2004. At that time sport fish guiding was voluntary. As
soon as the program had fees the ADF&G saw a drop off of
registered guides. The fees the department was collecting did
not cover the cost of the entire program so the ADF&G
supplemented the program costs from license fees, which are
derived from resident and nonresident sport fishing licensees.
He offered his belief the source represents a perfectly fine
source of revenue to support this program.
1:55:14 PM
REPRESENTATIVE KAWASAKI recalled the original program sunset
date was 2009, based on the program becoming digitized with
fewer costs. Costs have not been reduced so he inquired as to
whether progress has been made.
MR. SWANTON responded in 2011 the ADF&G reduced the logbook size
and instituted scannable technology. He reported that some of
the "bugs" still need to be worked out with the new reporting
methods. He recalled any pencil marks that fall inside the
information box negate or "kick out" the data. The department
has been working to address the technology issues.
Additionally, the department anticipates the saltwater logbooks
will tabulate the timely and sensitive data input currently
required. The cost savings are difficult to project.
1:56:49 PM
REPRESENTATIVE HERRON referred to the fiscal note label on page
one is different from the information on page two.
MR. SWANTON offered his belief that the label was a mistake.
1:57:38 PM
CO-CHAIR SEATON asked for further clarification.
MR. SWANTON answered that the information should read 3.7
fulltime positions in 2012 and 2.1 in 2013. He explained the
division took a percentage calculation of half a year and
reduced the fulltime equivalents by that figure.
REPRESENTATIVE HERRON said he is fine with that.
1:58:57 PM
REPRESENTATIVE MUNOZ moved to report HB 173 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 173 was reported from the
House Resources Standing Committee.
1:59:34 PM
The committee took an at-ease from 1:59 p.m. to 2:08 p.m.
HB 106-COASTAL MANAGEMENT PROGRAM
2:08:44 PM
CO-CHAIR SEATON announced that the final order of business is
HOUSE BILL NO. 106, "An Act extending the termination date of
the Alaska coastal management program and relating to the
extension; relating to the review of activities of the Alaska
coastal management program; providing for an effective date by
amending the effective date of sec. 22, ch. 31, SLA 2005; and
providing for an effective date."
2:08:54 PM
CO-CHAIR SEATON made a motion to adopt Amendment 6, labeled 27-
GH1965\A.16, Bullard, 3/30/11, which read as follows:
Page 2, line 11, of the amendment:
Delete "are"
Page 2, lines 12 - 17, of the amendment:
Delete all material and insert:
"(1) are clear and concise as to the
activities and persons affected by the policies;
(2) use prescriptive or performance-based
standards that are written in precise and enforceable
language; and
(3) address a coastal use or resource of
concern to the residents of the coastal resource
district as demonstrated by local knowledge or
supported by scientific evidence"
Page 4, line 6, of the amendment:
Delete "board's"
Insert "department's"
Page 4, line 21, of the amendment:
Delete the quotation mark.
Page 4, following line 21, of the amendment:
Insert new material to read:
"* Sec. 6. AS 46.40.210(1) is repealed.""
CO-CHAIR SEATON explained that Amendment 6 would amend the
language in a previous amendment, Amendment 2, labeled A.2,
which was previously adopted by the committee at an earlier
meeting.
REPRESENTATIVE HERRON objected for the purpose of discussion.
2:09:59 PM
CO-CHAIR SEATON explained the purpose of Amendment 6. He
referred to page 2, lines 12-17, the department wished to modify
the three criteria laid out. Additionally, Amendment 6 would
change the definition previously adopted by deleting the word,
"board's" on page 4, lines 6, and substituting "department's"
since the policy board has not yet been adopted. He
characterized this as a technical change. Section 6 repeals the
definition that is adopted in Section 5.
2:11:31 PM
JOE BALASH, Deputy Commissioner, Department of Natural Resources
(DNR), introduced himself.
CO-CHAIR SEATON asked Mr. Balash whether the department was
comfortable with the amendment offered.
MR. BALASH asked for whether adopting Amendment 6 would
effectively amend the previous amendment that was adopted,
labeled A.2.
CO-CHAIR SEATON answered yes.
MR. BALASH answered yes the department was comfortable with
Amendment 6.
2:11:54 PM
REPRESENTATIVE MUNOZ asked to speak to the language previously
adopted. She referred to page 2, line 18 of the previous
Amendment 2, labeled A.2. She noted that Amendment 6 appears to
have deleted language which would have required no duplication
or restatement of effort could be taken. She inquired as to
whether that language has been preserved in other portions of
the statute.
MR. BALASH agreed that she was correct. However, he indicated
the department has been willing to take a leap of faith that a
subsequent amendment would subsequently be adopted which would
insert this language in another section of the bill.
REPRESENTATIVE MUNOZ asked for a specific reference.
MR. BALASH answered that a proposed amendment would be in the
form of an amendment labeled A.4.
CO-CHAIR SEATON clarified that an amendment labeled A.4 would
not be offered because the language would be modified. He
assured members the language Representative Munoz referred to
would be offered under a new amendment.
REPRESENTATIVE MUNOZ emphasized that the deleted language is
very important language.
CO-CHAIR SEATON signaled his intention to maintain that
language.
REPRESENTATIVE HERRON removed his objection.
2:14:50 PM
REPRESENTATIVE KAWASAKI objected to comment. He noted the
awkward mechanics involved to amend an amendment. He deferred
to the committee for its preference. He then withdrew his
objection.
REPRESENTATIVE HERRON clarified that Amendment 6 was labeled
A.16.
CO-CHAIR SEATON explained that Amendment 6, which is labeled
A.16, would amend language the committee previously adopted when
it passed Amendment 2 at a prior meeting. There being no
further objection, Amendment 6 was adopted.
2:15:44 PM
[HB 106 was held over.]
2:16:35 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:16 p.m.