Juneau -- Representative Scott Ogan introduced a bill to support commercial and subsistence fishing in Glacier Bay. HB 109 adds new language, to an existing state law, affirming state sovereign jurisdiction in Glacier Bay National Park and Preserve and the navigable waters within or adjoining the park and preserve.

"We must fully support the continuation of these traditional activities in Glacier Bay. The Department of Interior's policy to eliminate these activities is wrong. To allow an increase in tourism at the expense of subsistence and commercial fishing is hypocritical," said Ogan.

Ogan's measure adds additional language to a little known existing state provision (AS 16.20.010) adopted in 1960 which recognizes the state has jurisdiction over all fish and game in the state except where it has assented to federal control. Ogan found the 1960 provision while researching the statutes. "When I saw this section in state law, I realized it applied to Glacier Bay. Protecting traditional activities in Glacier Bay through a firm refusal to submit to federal incursion is an appropriate way of saying no," said Ogan.

Finally, the bill includes language from a U.S. Supreme Court case, New York vs. United States, (1992) which states in part, "..the federal government cannot commandeer the lawmaking process of the states to compel the state to enact and enforce a federal regulatory program." HB 109 prohibits the expenditure of state funds to adopt, enforce, or otherwise assist in the implementation of the federal regulatory program for control of fish and game in the park. "We must not assist those who fail to respect our sovereign rights and time honored traditions, " said Ogan.

Ogan's bill has been initially co-sponsored by 12 other lawmakers including majority, minority, urban, rural, Republican and Democratic members. "109 was the number for JFK's famous WW II, PT boat. I don't expect HB 109 to torpedo any federal ships, but it does make the state's sovereign rights in Glacier Bay crystal clear," said Ogan.