SENATE RESOURCES COMMITTEE April 9, 1999 3:10 P.M. MEMBERS PRESENT Senator Rick Halford, Chairman Senator Robin Taylor, Vice Chairman Senator Pete Kelly Senator Jerry Mackie Senator Lyda Green Senator Sean Parnell MEMBERS ABSENT Senator Georgianna Lincoln COMMITTEE CALENDAR SB 91-ENFORCEMENT OF SUBSISTENCE LAWS -MOVED CSSB 91(RES) OUT OF COMMITTEE SB 90-STATE JURISDICTION OVER FISH & GAME -MOVED CSSB 90(RES) OUT OF COMMITTEE SJR 20-SAVE THE BEAVER IN WASH D.C. -MOVED CSSJR 20(RES) OUT OF COMMITTEE PREVIOUS SENATE COMMITTEE ACTION SB 90 - See Resources minutes dated 3/17/99. SB 91 - See Resources minutes dated 3/17/99 and 3/22/99. SJR 20 - No previous action to consider. WITNESS REGISTER Mr. Brett Huber, Aide Senate Resources Committee State Capitol Bldg. Juneau, AK 99811-1182 POSITION STATEMENT: Commented on SB 91. Lt. Howard Starbard Division of Wildlife Protection Department of Public Safety 453 S. Valley Way Palmer, AK 99645 POSITION STATEMENT: Supported SB 91. ACTION NARRATIVE TAPE 99-22, SIDE A Number 001 SB 91-ENFORCEMENT OF SUBSISTENCE LAWS CHAIRMAN HALFORD called the Senate Resources Committee meeting to order at 3:10 p.m. and announced SB 91 to be up for consideration. MR. BRETT HUBER, Senate Resource Committee Aide, explained that the proposed CS to SB 91, version I, has language added that was suggested by the Department of Public Safety and is the same language that was added to SB 68. This language appears on page 1, line 14 and in subsection (c). It offers the Department of Public Safety the opportunity to respond, "in unforeseen absence of assistance from available federal source to avert a present and substantial risk of physical harm to a person." It also exempts the provisions of this bill from some of the current federal/state relationships found in the Migratory Bird Treaty Act, the Pacific Halibut Act, the Marine Mammal Protection Act, the Endangered Species Act, the Magnuson Stevens Fishery Act, and the Pacific Salmon Treaty. LT. HOWARD STARBARD, Department of Public Safety, said the committee substitute addresses their enforcement concerns and they no longer oppose the bill. SENATOR TAYLOR moved to adopt the CS to SB 91. There were no objections and it was adopted. SENATOR MACKIE moved to pass CSSB 91(RES) from committee with individual recommendations. There were no objections and it was so ordered. SB 90-STATE JURISDICTION OVER FISH & GAME CHAIRMAN HALFORD announced SB 90 to be up for consideration. MR. HUBER explained that the proposed committee substitute has two changes, but was not back from the drafters yet. In subsection (d), it deletes "regardless of cost" and adds another section exempting the provisions of this bill from federal/state cooperative programs. MR. HUBER said it was done in the same format as SB 91. SENATOR MACKIE moved to adopt the CS to SB 90, version K, which the committee had before them as the working draft. There were no objections and it was adopted. SENATOR MACKIE moved to remove "regardless of cost" on page 2, line 16 and insert the section from SB 91 which refers to the federal acts exempted from the effect of the legislation. There were no objections and the amendment was adopted. SENATOR MACKIE said he had a possible concern on page 2, line 5 where it says, essentially, that the State of Alaska is the only entity under which the federal government can transfer any type of management to. He asked if it was the intent of this legislation to effectively remove any possibility of co-management agreements with anyone other than the State of Alaska. SENATOR TAYLOR said yes and that is part of the problem. We do have a constitutional standard that establishes who shall manage fish and game in the State of Alaska. It's a constitutional authority which the legislature cannot delegate from. SENATOR MACKIE asked if there are any instances under which the State or the federal government contract for any management of any fish and game in the State currently. SENATOR TAYLOR responded that he wasn't aware of any. CHAIRMAN HALFORD said he knew that ministerial functions were contracted, but not substantive decision making functions. He asked Senator Taylor if he had a copy of the opinion on that issue. SENATOR TAYLOR said he didn't have it with him. He said the real question is one of who will have the discretionary authority to make decisions about actual management policies. Number 195 SENATOR MACKIE asked if we have the ability to deny the federal government the ability to have a management agreement with anyone they choose. SENATOR TAYLOR said he thought we could to the extent that it impacts state land and state waters. He thought we had the ability, but the administration has refused to litigate it. SENATOR MACKIE responded that until that is adjudicated, the federal law allows for management by the federal government by an Act of Congress if we're unable to resolve it. CHAIRMAN HALFORD said he thought the federal law said they manage subsistence harvest, not the whole resource. The debate is how they pull that thread into the whole resource. SENATOR MACKIE asked if the federal government takes over management of fish and game and chose to enter into a management agreement in one particular region, how would this statute play out against that authority. SENATOR TAYLOR said the federal government believes that Act of Congress leads them to believe they cannot only enforce it on their lands, but they can also extend off of their lands into state lands and waters in an extra territorial fashion. He thought someone would have to litigate the issue eventually. SENATOR MACKIE noted that in a sense, they were passing a statute that doesn't have any authority whatsoever. Number 200 CHAIRMAN HALFORD said that federal law doesn't give management authority, but a court case gave management authority. SENATOR TAYLOR moved to pass CSSB 90(RES) from committee with individual recommendations. There were no objections and it was so ordered. SJR 20-SAVE THE BEAVER IN WASH D.C. CHAIRMAN HALFORD announced SJR 20 to be up for consideration. SENATOR TAYLOR moved to adopt CS to SJR 20. There were no objections and it was so ordered. SENATOR TAYLOR said that there used to be lots of beaver in Washington D.C., but they became extinct. Today they are no longer extinct, because of the two beavers which are mow attempting to establish a colony. He has reports of park personnel harassing this "endangered species," removing its food supply, and attempting to capture it in a clam type device. SENATOR TAYLOR informed the committee that page 3, line 4 need to be amended to add "beaver" after "tidal basin." Also, on line 8, the word "adaptations" was not spelled correctly. SENATOR TAYLOR moved his suggested amendments. There were no objections and it was so ordered. SENATOR TAYLOR moved to pass CSSJR 20(RES) from committee with individual recommendations. There were no objections and it was so ordered. CHAIRMAN HALFORD adjourned the meeting at 4:45 p.m.