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Measure Affirms State Control Over Area
For Immediate Release: April 16, 1999 Juneau -- The Alaska House of Representatives Friday unanimously passed a bill which affirms that the State of Alaska has not assented to federal control over Glacier Bay National Park and Preserve and its navigable waters. HB 109 passed the House 32-0. "This bill adds Glacier Bay National Park to the existing State statute which recognizes that Alaska, not the Federal government, has jurisdiction over all fish and game within state boundaries, except where it has assented to federal control," said Representative Scott Ogan (R-Palmer), sponsor of HB 109. "It also adds language to state statutes direct from a 1992 U.S. Supreme Court case, New York v. United States: ' . . . the federal government cannot commandeer the lawmaking process of the state to enact and enforce a federal regulatory program.'" The U.S. Secretary of the Interior, through the National Park Service, has recently instituted activities in Glacier Bay which seem aimed at ending commercial fishing in the area. HB 109 affirms that the State of Alaska supports continuing traditional activities, including commercial and subsistence fishing, in Glacier Bay national Park and Preserve. "HB 109 further strengthens the State's position with language asserting that the State may not expend funds to adopt or enforce the implementation of federal regulatory programs for control of fish and game in the park," Ogan said. "It does not, however, prevent authorities from conducting emergency, life-saving, or other appropriate activities."
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