Page 1486 – Must Read Alaska

Fairbanks OK’s cannabis cafes

The 907

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April 24, 2019

A WRAP-UP OF LEGISLATION PENDING AROUND THE COUNTRY

The Fairbanks City Council has approved an ordinance reversing a previous ordinance banning on-site cannabis consumption.

The council vote was 4-to-2 with Jerry Cleworth and June Rogers voting against the ordinance, while David Pruhs, Valerie Therrien, Shoshana Kun, and Kathryn Ottersten, favored it. Cleworth said he would have preferred the matter go before the voters.

The ordinance came in response to new regulations by the Marijuana Control Board that have finalized allowing on-site consumption, and the sideboards that will govern it.

Alaska is the first state to legalize on-site consumption options after legalizing commercial cannabis trade via a voter initiative. The law took effect in 2015, and regulations have been rolling out ever since, with local jurisdictions needing to respond to how much cannabis trade they’ll allow in their communities.

Around the country, state legislatures are considering multiple bills that will decriminalize, add on-site consumption, revise taxes on pot, and even expunge the criminal records of people convicted for pot possession.

An updated list of pending legislation from the National Organization for the reform of Marijuana Laws:

Alabama

Legislation is pending, House Bill 96 / Senate Bill 98, to decriminalize the possession of small amounts of marijuana.

The measure would reduce the penalty for the possession of one ounce of marijuana from a criminal misdemeanor, punishable by up to one year in prison and a maximum fine of $6,000, to a non-criminal violation punishable by a maximum fine of $250.

Update: SB 98 was unanimously approved by the Senate Judiciary Committee on 4/17/18.

California

Legislation is pending, AB 286, to temporarily reduce tax rates imposed on the retail sale and commercial cultivation of cannabis.

Update: AB 286 was scheduled for a hearing in the Assembly Business And Professions Committee on 4/23/19

Senate Bill 34, which would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 34 was scheduled for a hearing in the Senate Appropriations Committee on 4/22/19.

AB 1465 (Bloom) would allow licensing of cannabis consumption cafés and lounges in California.

Update: Ab 1465 was scheduled for a hearing in the Assembly Business And Professions Committee on 4/23/19.

SB 51 seeks to assist financial institutions in safely conducting transactions with licensed cannabis businesses.

Update: SB 51 is scheduled for a hearing in the Senate Governance and Finance Committee on 4/24/19.

Colorado

Legislation is pending, House Bill 19-1230, to allow the social consumption of cannabis by adults in licensed and regulated establishments.

The measure would establish a license permit process for hospitality spaces to allow cannabis products to be legally purchased and consumed on site.

Update: HB 19-1230 was approved by the House Committee on Appropriations on 4/16/19, and was then approved by the House of Representatives on 4/18. The bill now heads to the Senate.

Legislation is pending, House Bill 19-1234, to allow licensed marijuana businesses to deliver both medical and adult use marijuana to private residences.

The measure would establish a licensing system for such delivery services and also require training for delivery permit holders.

Update: HB 19-1234 was approved by the House Committee on Appropriations on 4/16/19. and was then approved by the House of Representatives on 4/18. The bill now heads to the Senate.

Legislation is pending, Senate Bill 19-220, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: SB -220 was approved by the Senate on 4/15, and will now be transmitted to the House.

Delaware

Senate Bill 37 would reform the expungement processes for individuals convicted of non-violent marijuana-related offenses.

If enacted, the bill would expand the pool of those eligible to seek expungement to include those convicted of a single misdemeanor or felony charge related to marijuana.

Update: SB 37 was unanimously approved by the Senate on 4/17/19, and now awaits action in the House.

Florida

Legislation is pending, H. 333, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Separately, SB 1020 would also regulate industrial hemp production, and a third measure, SB 7102 would allow for the retail sale of hemp extracts.

Update: H. 333 was unanimously approved by the House State Affairs Committee on 4/18/19, SB 7102 was heard in the Senate Appropriations Committee on 4/18.

Hawaii

Legislation is pending, House Bill 673 / Senate Bill 1430, to expand medical cannabis access.

The measure would protect registered medical cannabis patients from employment discrimination by prohibiting employers from arbitrarily discriminating against employees who legally consume medical cannabis off-the-job in accordance with state law.

Update: HB 673 was unanimously approved by the Senate on 4/9/19, but the House disagreed with the Senate amendments, so the bill will now go to a conference committee for reconciliation.

Legislation is pending, House Bill 1353, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 1353 was unanimously approved by the Senate on 4/9/19, but the House disagreed with the Senate amendments, so the bill will now go to a conference committee for reconciliation.

Iowa

Legislation is pending, HF 754 and SF 599, to establish an industrial hemp program to be in compliance with the new federal hemp regulations.

Update: SF 599 was approved by the Senate on 4/15/19, and was then heard in the House Appropriations Committee on 4/18/19.

Nebraska

Legislation is pending, LB 657, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: LB 657 was approved by the Senate on 4/15/19.

Nevada

Legislation is pending, SB 430, that would expand the pool of individuals eligible for medical cannabis.

The measure would permit physicians to recommend cannabis therapy to those diagnosed with anxiety, autism, opioid addiction or dependence, anorexia, among others.

Update: SB 430 was approved by the Senate Committee on Health and Human Services on 4/16/19, and was then approved by the Senate on 4/18.

Senate Bill 228:

Update: SB 228 was unanimously approved by the Senate on 4/16/19, and now awaits action in the Assembly. The bill was amended to remove provisions concerning prohibiting a practitioner from refusing to prescribe a controlled substance to a patient solely because the patient uses marijuana and establishing a Cannabis Control Commission to oversee the state’s medical marijuana access program. Provisions allowing veterinarians to administer hemp and CBD products to animals.

New Hampshire

Legislation is pending, House Bill 481, to allow for the use, possession, and retail sale of marijuana by adults.

The pending measure permits adults 21 and over to possess up to one ounce of marijuana and/or up to five grams of concentrate, and to grow up to six marijuana plants.

Update: HB 481 is scheduled for a hearing in the Senate Judiciary Committee on 4/23/19.

Legislation is pending, HB 350, to expand medical cannabis access.

The measure expands the pool of medical professionals who are eligible to recommend medical cannabis by permitting physician assistants to issue recommendations to their patients.

Update: HB 350 was approved by the Senate on a voice vote on 4/18/19, and now awaits action from the Governor.

Legislation is pending, House Bill 459, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 459 is scheduled for a hearing in the Senate Energy and Natural Resources Committee on 4/23/19.

North Carolina

Legislation is pending, S. 58 / H. 766, to expand upon the state’s decriminalization law and also to provide for the expungement of certain prior cannabis convictions.

Under current law, the possession of 1.5 ounces of cannabis is classified as a misdemeanor. These proposals raise that threshold to four ounces. The bill would also allow those with past marijuana possession convictions to petition the court to expunge their record.

Oregon

Legislation is pending, Senate Bill 970, to protect state-sanctioned medical cannabis patients, as well as those with prior or pending cannabis convictions, from housing discrimination.

Update: SB 970 is scheduled for a hearing in the House Human Services and Housing Committee on 4/22/19.

Tennessee

Legislation is pending, SB 256/HB 235, to decriminalize the possession small amounts of marijuana in Tennessee.

The measure would remove criminal penalties for the possession of up to one ounce of marijuana.

Update: SB 256 is scheduled for consideration in the Senate Judiciary Committee on 4/23/19.

Legislation is pending, SB 260/HB 234, to allow out-of-state medical cannabis patients to legally possess their medicine while visiting Tennessee.

Under this measure, patients who are registered to use medical cannabis in those 33 jurisdictions that permit its therapeutic use may legally possess up to a half-ounce of cannabis while visiting Tennessee.

Update: SB 260 is scheduled for consideration in the Senate Judiciary Committee on 4/23/19.

Vermont

S. 54 is pending to establish a regulatory framework for the regulation of a commercial, adult use marijuana market.

Update: S. 54 was heard by the House Committee on S. 54 was heard by the House Committees on Government Operations; Judiciary; and Commerce and Economic Development this week.

Washington

Legislation is pending, HB 1401 / SB 5719, to amend the state’s existing industrial hemp law to be in compliance with the new federal hemp regulations.

Update: HB 1401 was unanimously approved by the Senate on 4/15/19. The bill will now head back to the House for concurrence on Senate amendments.

Senate Finance makes choice observations of House budget

Politics

Suzanne Downing

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April 23, 2019

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Senate Finance makes choice observations of House budget

Must Read Alaska curated a few of the comments from senators on the Finance Committee as they discussed the House’s version of the operating budget today, with the guidance of the Legislature’s Finance Division Director David Teal:

Sen. Lyman Hoffman: “The underlying theme of the House of Representatives budget is that government gets the first crack at the $3 billion and anything remaining after government goes to the people. Is that a fair statement of the way this budget has been drafted?”

David Teal: “Mr. Chairman, I’m not sure that everyone would phrase it that way but that’s pretty accurate.”

Sen. Natasha von Imhof: “The dividend is sort of the 18^thagency and competes with the 17 other agencies. I look at this: There are no new taxes, about $200 million or so in reductions, no money from any savings accounts at all — no SBR (Statutory Budget Reserve), no CBR (Constitutional Budget Reserve). Those are kind of observations.”

David Teal: “All correct observations.”

Sen. Peter Micciche: “To be fair there’s a couple ways to frame this discussion. The governor’s plan requires new taxes. But it’s paid locally instead of to the state. For folks that own a piece of property or that live in municipalities that have to make up the difference, it requires new taxes.

“To also be fair, The House budget impacts household income because of the shift from the dividend to State government. Both of them have those impacts. So it’s not like either one is impact free. For the folks who feel they’re entitled to the dividend, they’re going to be enraged by our discussion, that we make it sound like there’s no impact. But they have to be clear on the other side, that the governor’s plan requires revenue, but it looks like it’s not State revenue. It looks like they’re claiming there’s no requirement for state revenue but it’s made up elsewhere.”

Sen. von Imhof: “With the dividend potentially being considered the 18^thagency, some states have an income tax and this causes citizens to pay attention to the growth of government. Alaska has the dividend, which kind of does the same thing. It has Alaskans now really paying attention to the growth of government because as passing of the POMV with the dividend being paid out of that as well as government, the dividend sort of acts as almost the same thing as a tax. It causes people to pay attention to the growth of government. Alaska is slowly morphing into the new POMV age, which I think is a good thing. The dividend is yes, competing with the other agencies.”

Sen. Hoffman: The House of Representatives did not include a dividend in their operating budget. They have not determined what that dividend is. There’s been many statements by the individual members of the House of Representatives, but the House as a body has not taken action on any dividend level. The public should be aware that even though we have a graph in quadrant one, and the scenario for the House of Representatives, there is no official action by that body.”

David Teal: “They [the House] passed budget without a dividend.The governor submitted a separate dividend bill. And they said ‘We will address the dividend in that bill. That’s the way the governor submitted the budget to us.’ That decision has not been made. The underlying conceptual assumption is this is how much is left for dividends. That doesn’t necessarily mean that that’s what the House’s dividend plan is.”

The Senate Finance Committee will take up crime bills Wednesday, considering the governor’s bills SB 32 and SB 35, and will continue its budget work on Thursday with another presentation and question and answer period with David Teal.

MRAK Almanac: Spring is in the air?

Almanac

Suzanne Downing

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April 23, 2019

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This is snow time for Spring: Anchorage had measurable snow on Tuesday for the 7th day in a row, smashing the previous record of March 31-April 8, 1956, according to the National Weather Service. Anchorage also set a new precipitation record, with 0.24 inches of precipitation measured on Tuesday, which smashed the previous record of 0.18 inches set in 2010. It is the 17th time in the 66-year record that April has been snowier than March, NWS says. (Image screenshot from NWS video.)

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April 24, 1913: Joe Vogler was born on this day. Vogler who? The founder of the Alaskan Independence Party, and also the party’s gubernatorial candidate for many years. Born in Kansas, he moved to Alaska in 1942 out of his dislike of the policies of President Franklin D. Roosevelt. He lived in Kodiak before moving to Fairbanks. Vogler disappeared in May of 1993. His body was found 16 months later in gravel pit, and fingerprint tests showed it was Vogler, who was something of a folk hero in Alaska. Ne’er-do-well Manfried West, now living at Goose Creek Correctional Center, confessed. Read the story about Vogler’s life and death here.

April 24, 1956: Alaska voters approved the Alaska Constitution adopted at Fairbanks in February by a vote of 17,447 to 7,180; they also approved a “Tennessee plan” to send a delegation to Congress: Ernest Gruening and William Egan were delegates to the Senate, Ralph J. Rivers to the House.

April 25, 1840: Sir James Douglas of the Hudson’s Bay Company, arrived at Sitka to negotiate a treaty with the Russians over control of the Stikine area. He was said to be part Creole and part Scottish. Read his bio here.

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April 25: “Is America ready for socialism?” UAA debaters tackle this topic against Stanford University at the Loussac Library in Anchorage, 7 pm.

April 25: 100th American Legion state convention, hosted by American Legion Post 1. An open house for Department Commander Nate Carter with a live band on Wednesday April 24 at 5 pm at Jack Henry Post 1, 840 W. Fireweed Lane. The convention convenes at the Arctic Rec. center, 4855 Arctic Blvd. at 9 am on Thursday through Saturday evening.

April 25: Alaska Alliance bi-monthly breakfast with speaker Colleen Glover, Alaska Department of Revenue, Tax Division. Dena’ina Center 7 am. Details

April 26-28: Alaska Outdoor Show at the Carlson Center. It’s the largest trade show in Fairbanks.

April 27: UAA Music Department presents the “Budget Cut Symphony,” to bring to light the value of music in Alaska’s public education. UAA’s student orchestra will perform Haydn’s “Farewell” Symphony, as well as Edward Gregson’s Tuba Concerto, and Gustav Mahler’s Adagietto from Symphony No. 5. UAA Fine Arts Building Recital Hall, 7:30 pm. Details

April 28: Empty Bowls, annual fundraiser for the Glory Hall soup kitchen, Centennial Hall, Juneau, 5 pm. Tickets here.

May 2-4: Great Alaska Aviation Gathering, the biggest free-entry air trade show in the world. FedEx Hangar at Ted Stevens International Airport, 9-5 Saturday, 10-5 Sunday. Highlight of the show is an appearance by DRACO. What’s DRACO? Details

May 2: Resource Development Council breakfast, 2019 Alaska Construction Forecast, featuring: Scott Goldsmith, Professor Emeritus of Economics, ISER, UAA. Dena’ina Center, 7 am. Details.

May 3: Alaska Aviators Forum at the Aviator Hotel. Guest speaker is Steve McCaughey, executive director of the Seaplane Pilots Association, a national organization dedicated to advocating for floatplane access to nationwide public waterway. He will be talking about the efforts of the Western Governors Association to restrict floatplane access because of invasive species transfer. 7 pm. Details

May 4: UAF Commencement, Carlson Center, 12 pm

May 17-18: Alaska Republican Party State Central Committee meeting in Kenai.

10 years anniversary: Ted Stevens still exonerated

The 907

Suzanne Downing

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April 23, 2019

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10 years anniversary: Ted Stevens still exonerated

It was 10 years ago this month that Alaska Sen. Ted Stevens walked out of court smiling — and vindicated: The corruption charges were thrown out.

Rather than Sen. Stevens being the one who was corrupt, it was the Justice Department that was. Prosecutors were found to be so determined to get a conviction that they’d even withhold evidence that would have — and should have — ended their investigation. Even U.S. Attorney General Eric Holder could not justify the disgrace that the case had become. Holder threw in the towel:

“After careful review, I have concluded that certain information should have been provided to the defense for use at trial,” Holder wrote on April 1, 2009, in a carefully worded statement. He had no choice.

Then, on April 7, 2009, United States District Court Judge Emmet G. Sullivan blasted the prosecution, “In nearly 25 years on the bench, I’ve never seen anything approaching the mishandling and misconduct that I’ve seen in this case.”

He threw out the conviction: “There was never a judgment of conviction in this case. The jury’s verdict is being set aside and has no legal effect.”

Judge Sullivan ripped the prosecution in a 14-minute speech that accused them of withholding evidence that would have exonerated Stevens, who had been charged with concealing that he had not paid full value for renovations to his Girdwood cabin. Stevens and his wife had, in fact, paid $160,000 for renovations that were later independently appraised at less than $125,000.

Judge Sullivan went further. He appointed Henry F. Schuelke III, a Washington attorney, to investigate six Justice Department prosecutors, the chief of the Public Integrity Section, and his deputy chief. Sullivan wanted to know if the attack dogs of the Justice Department should face criminal charges.

“How does the court have confidence that the public integrity section has public integrity?” Judge Sullivan asked. [t]he government’s ill-gotten verdict in the case not only cost that public official his bid for re-election, the results of that election tipped the balance of power in the United States Senate.”

[Read the March 15, 2012 legal report returned to Judge Emmet Sullivan that details the problems with the Stevens investigation.]

Johnstone: What Spohnholz did to me, she can do to anyone

Suzanne Downing

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April 23, 2019

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Johnstone: What Spohnholz did to me, she can do to anyone

Readers: This statement by retired Judge Karl Johnstone was provided to members of the media. Must Read Alaska is printing it in full. Johnstone was the subject of a #metoo political attack by Rep. Ivy Spohnholz, shown above on the floor of the House and Senate joint session, when Spohnholz gave anonymous account of vague sexual harassment reports she had received from “more than two women.” Johnstone was not provided the opportunity to clear his name before a vote was taken on his appointment to the Board of Fisheries.

By KARL JOHNSTONE

Women have endured for too long various forms of sexual harassment in the workplace and elsewhere. I believe that legitimate claims should be taken seriously and investigated.

But let me be clear, I never made inappropriate sexual comments as stated by Rep. Ivy Spohnholz.

During the two weeks before my confirmation vote I appeared before the House and Senate Resource Committees for nearly 8 hours and answered many questions. Approximately 200 people testified in support and in opposition. Several hundred written comments were made in support and opposition. More comments were made on social media in support and in opposition, many anonymously. At no time did any of this information contain a claim or an inference that I engaged in the conduct stated by Rep. Spohnholz.

It was not until the very last minutes before a vote was taken that Rep. Spohnholz stated that within the last 24 hours she had been contacted by more than 2 women who worked for the Board of Fisheries when I was on the Board and who claimed I made inappropriate and unwelcome sexual comments. Rep. Spohnholz then stated they did not want their names disclosed because they feared retribution if I was put back on the Board. This was unfair and made no sense on many levels.

First, these claims were made at the very last minute and I was given no opportunity to respond. Several legislators objected to, in their words, this last minute, unsubstantiated character attack with no chance to respond.

Second, there was no information as to what I supposedly said, or when or where I said it. And, of course, Rep. Sponholz did not disclose the names making the claims.

The reason given for not providing names and supporting claim information makes no sense. Rep Spohnholz said they feared retribution if I went back to the Board of Fisheries. However, all women who worked for the Board of Fisheries support section while I was on the Board have left and found employment elsewhere. Even if they were still there, they could have no fear of retribution since Board members have absolutely no authority over staff. Staff work under the direction of the Executive Director of the Alaska Department of Fish and Game. Finally, now that I am not on the Board, why has Rep. Spohnholz refused to disclose these names?

The answer seems clear. The charges made by Rep. Spohnholz were false.

Some people believe Rep. Spohnholz crossed the line. Three members of the House, while opposed to my appointment, publicly apologized and personally called me to apologize for the shameful conduct of their colleagues and said others felt the same. Many more comments to news outlets say the same.

I have thick skin and can take the hits, but it stings to know my four daughters have been hurt by this.

My appointment to the Board of Fisheries is no longer at stake. My hope is that the truth comes out because the only thing at stake now is my reputation.

All Alaskans should be concerned that the truth comes out. What happened to me can happen to anyone.

Karl Johnstone is a retired Alaska Superior Court judge and former chairman of the Board of Fisheries.

Red letter day for red pens

Anchorage Daily Planet

Suzanne Downing

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April 23, 2019

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BY ANCHORAGE DAILY PLANET

Those of you who have invested your time, money and red pens to remind lawmakers you want smaller government are giving our big-government betters in Juneau the heebie-jeebies. The pens are piling up and the government-first guys are afraid of the effect they may have on our elected officials.

The flood of red pens has rattled them so badly they desperately now are making up outlandish narratives to deflect attention from their daily arrival at legislative offices.

Oh, it’s an Outside job, they say. A shadowy campaign consultant is behind it all. Or Gov. Mike Dunleavy himself is behind the campaign to remind legislators that 145,631 Alaskans voted for him and his agenda in the last election.

Dunleavy’s laudable agenda includes making government outgo match government income – and he said he would do it without taxes or dividend cuts. That has the Left in a steaming snit because no taxes and full dividends mean only one thing – sizeable spending cuts to close a $1.6 billion spending gap. That is anathema to the Left.

Former Democratic lawmaker Les Gara, who never tired of trying to fund his fantasies with your dollars, even posted this on Facebook:

“Turns out ‘Governor Dunleavy’s’ Veto Pen Campaign is being run by #NotHim – But by a campaign consultant who was funded by Outside money to get the Gov. elected. Pay $19.99 and he sends a red pen & form letter to legislators. #For Free I’ll send the Gov. Alaska’s How to Write a Budget guide. I might charge postage to send on to his budget writer in Florida.”

[Read the rest of this editorial at Anchorage Daily Planet]

Dunleavy to Chamber of Commerce: Let the people decide

Suzanne Downing

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April 22, 2019

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Dunleavy to Chamber of Commerce: Let the people decide

Some 275 business leaders attended Gov. Michael Dunleavy’s budget presentation at the Anchorage Chamber of Commerce on Monday. The room was at capacity for the Make It Monday Forum.

They heard the professorial Dunleavy, with a rapid-fire command of facts about a budget that had, year after year, dug the state into an Alaska-sized hole with a government that tried to be all things to all people.

They heard the policy wonk Dunleavy speak for 40 minutes without notes, walking the audience through a series of charts and graphs that described the choices the state faced when he was sworn into office, and what he decided to do about it. Oil was up to $85 a barrel in October, but down to less than $55 by the end of the year, a 35 percent drop in three months. His budget, with all its amendments due in February, needed to reflect the honest reality of where revenues were actually going to be.

And they heard the — dare we say — humble Dunleavy explain that he laid out his initial budget to get a conversation going around the state. That conversation is going, he acknowledged, getting a chuckle from the audience.

“It’s been a good discussion,” he said.

If they listened carefully, the business leaders might have also heard the Dunleavy who was signaling he has the ability to compromise on spending with the Legislature — if he gets to put his constitutional amendments on the ballot so that the people can actually vote on them:

Should there be an income tax without a vote of the people?
Should there be a spending cap on government?
Should the Permanent Fund dividend be constitutionally protected?

If the people want to pay more than $5,000 apiece to the state government every year, then he’s fine with that, he said. If they want to donate part of their Permanent Fund dividend to state government, that’s OK, too, he said.

But as with Colorado’s TABOR amendment (taxpayer bill of rights), the people should be allowed to make such important decisions.

The banquet hall in the Dena’ina Center was respectful and attentive, in some ways a room of people getting their dose of cod liver oil — they didn’t necessarily like it, but they were going to try to not make a face.

But they were also discovering something else: This was not the governor they’d been told about by the mainstream media. This was a guy who had complete command of the budget situation, unlike his predecessor. And while they may not have liked the hard truth of the message, they could not argue with the math.

Dunleavy didn’t blame former Gov. Bill Walker, but he said that excessive spending over the past four years had drained $14 billion from the state’s reserves.

At this rate of spending, in a few short years the Permanent Fund dividend will be no more, even under SB 26, the restructuring bill that passed in 2018, he said.

He also said that Walker’s solution had been to impose new revenues in the form of income and other taxes, and to slice the Permanent Fund dividend in half. Dunleavy said that approach was not supported by voters.

Dunleavy said he came into office and worked the budget from the other direction — figuring out what revenue was available, and then providing all the government that could be provided for that amount.

After 40 minutes and seven questions from the audience, Dunleavy may have even won a few converts from what is typically a moderate Anchorage crowd. He at least earned some grudging admiration.

On Tuesday, it’s off to Glennallen, Tok, and Delta Junction for the same discussion with other Alaskans, as he leads the fiscal solution discussion far and wide across the state.

National Park Service seeks to close another Alaska river

Suzanne Downing

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April 22, 2019

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National Park Service seeks to close another Alaska river

TEMPORARY CLOSURE OF BROOKS RIVER VIOLATES STURGEON RULING?

The National Park Service is proposing to close a section of the Brooks River in Katmai National Park and Preserve to motorboats.

The federal agency that manages Katmai National Park and Preserve says that motorboat use upriver of a new bridge the Park Service has constructed would disturb brown bears who concentrate at Brooks Falls to feed on salmon.

The motorboats would interfere with the visitor experience at Katmai, the Park Service says. And motorboats would endanger “cultural resources along the river by exposing them to erosive boat wakes.”

At first blush, it seems reasonable to keep visitors from traveling to Brooks Falls by skiff because tourists fly into the area to view bears, not skiffs.

But the Supreme Court ruled a month ago that the Park Service has no jurisdiction over navigable waters inside national preserves, and that ruling changes everything. If a motorboat can navigate the water, then it’s state water.

In the Sturgeon vs. Frost, National Park Service case, Alaska hunter John Sturgeon was taking his boat up the Nation River in the Yukon-Charley National Preserve when Park Service officers ordered him out. That case went to the Supreme Court, which agreed that the navigable rivers in Alaska are under the jurisdiction of the State of Alaska. The decision was unanimous: Alaska’s navigable waters are different because of the Alaska National Interest Lands Conservation Act, or ANILCA.

Evidently the Park Service hasn’t gotten the Supreme Court memo.

The area in question less than a month after the Supreme Court decision is a popular tourist destination and is part of a chain of lakes and waterways upstream from Naknek.

In many parts in that region, bears feed in the rivers and streams, and they are unperturbed by boats that come and go. They don’t run, they don’t even pay attention to boats. They are busy, oblivious fisher bears.

In this particular river, no boats are ever present. But with the new bridge, which replaces an old floating bridge, it raises the possibility that people may someday choose to bring in a hovercraft or outboard.

*The old floating bridge, shown here, has been replaced with a bridge that motorboats can travel under.*

“Katmai’s landscape contains vast multi–lake watersheds with hundreds of miles of wild, untamed rivers and streams. It’s an outdoor laboratory for studying the effects of volcanism, climate change, and other large-scale landscape processes. This is also place with a 9,000 year record of human adaptation to environmental and ecological change,” the Park Service has posted on the website dedicated to this park. Things to do, the Park Service says, include bear watching, sport fishing, boating, backcountry hiking and camping in an area that is largely wilderness, with less than six miles of designated and maintained hiking trails.

So why the pre-emptive closure of a half-mile of river by the National Park Service? It could be the camel’s nose under the tent, a case of attempting to re-establish some of the jurisdiction the Park Service just lost in the Supreme Court. A precedent-setter, if you will.

A public meeting is scheduled for Wednesday, April 24, 2019 at 6 pm at the National Park Service headquarters in King Salmon to discuss taking away Alaskans’ rights to use the river upstream of the new bridge from June 1 through Oct. 1.

MRAK Almanac: Earth Day edition

Almanac

Suzanne Downing

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April 21, 2019

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April 21-22, 1917: A cave-in and flooding closed the Treadwell and Mexican mines on Douglas Island. The Treadwell (1882-1922) was Alaska’s first successful large-scale development project. You can read about this thriving and ruinous era of Douglas Island in “Treadwell Gold,” by Sheila Kelly.

April 23, 1869: The Alaska Times, a weekly newspaper, began publication in Sitka. It was the first newspaper printed in Alaska and it published until 1871 under the motto “Right and Justice Should Be Vindicated.” Some sources show the first edition was on May 1, 1869. It was published in Sitka until being moved to Seattle in 1870, with about 20 weeks published in Seattle subsequently. It morphed into other publications for several years. Worth noting that it’s the 150th anniversary of this journalistic endeavor.

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April 22: Earth Day everywhere in the civilized world, whereas in the still-developing world, they’re just trying to eek out a living. After 49 years of doom and gloom predictions, how are we doing? Not bad, considering the world was supposed to be all-but-over by now, or at least be in an ice age. Read about Earth Day predictions that didn’t come true.

April 22: Gov. Michael Dunleavy is the featured speaker at the Make it Monday Forum, an Anchorage Chamber of Commerce event at the Dena’ina Center at noon. It’s part of his Fiscal House-in-Order Roadshow. With him will be Commissioner Bruce Tangeman of the Department of Revenue, and Director Donna Arduin of the Office of Management and Budget. 11:30 am -1 pm. (Protesters likely).

April 24: Veterans Town Hall in Wasilla, with Alaska VA Healthcare System Director Timothy Ballard, at the Curtis Menard Sports Center, 6-7:30 pm

April 24: BP Teachers of Excellence Awards banquet will be held at the Anchorage Museum. Thirteen teachers from Anchorage, Mat-Su Valley, Kenai Peninsula, and Southeast Alaska will be honored and the statewide Teacher of the Year will be announced.

April 24: Crisis in Clarity, the Alaska DOT’s response to the Nov. 30, 2018 earthquake. This presentation will trace the earthquake response, from pre-event preparation, to implementation and lessons learned. Attendees will leave with strategies for a successful emergency response, including employee training, crisis communication, and best practices. Presented by Meadow Bailey, Comms Director for DOT&PF and Shannon McCarthy, public information officer at DOT&PF. At the Fairbanks Westmark Gold Room by PRSA Alaska at noon. Details.

April 25-28: Alaska Improv Festival at McPhetres Hall and at the Hangar Ballroom in Juneau. Details.

April 25-30: Tiny Comic Convention & Comics Camp Retreat in Juneau. Also, with no trace of irony, the improv festival coincides, and the Legislature is still in session.

April 25-26: Arctic Encounters 6th annual conference takes place in Seattle, and includes Alaska luminaries Mayor Ethan Berkowitz, former Lt. Gov. Mead Treadwell, Alice Rogoff, Congressman Don Young, Sen. Lisa Murkowski. Check the agenda out here.

King of the Hill: We have the winner of this weekend’s Valdez Mountain Man King of the Hill competition: James Wade of Valdez.

Fairbanks OK’s cannabis cafes

Senate Finance makes choice observations of House budget

MRAK Almanac: Spring is in the air?

10 years anniversary: Ted Stevens still exonerated

Johnstone: What Spohnholz did to me, she can do to anyone

Red letter day for red pens

Dunleavy to Chamber of Commerce: Let the people decide

National Park Service seeks to close another Alaska river

MRAK Almanac: Earth Day edition

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