2007-05-11                     House Journal                      Page 1265
HB 256                                                                                                                        
HOUSE BILL NO. 256 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to active game management and to the airborne                                                             
     or same day airborne taking of certain game animals; making                                                                
       conforming amendments; and providing for an effective date."                                                            
                                                                                                                                

2007-05-11                     House Journal                      Page 1266
was read the first time and referred to the Resources and Judiciary                                                             
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Fish & Game                                                                                                  
                                                                                                                                
                                                                                                                                
The Governor's transmittal letter dated May 10, 2007, follows:                                                                  
                                                                                                                                
"Dear Speaker Harris:                                                                                                           
                                                                                                                                
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                                                      
transmitting a bill relating to active game management.  In general, the                                                        
bill simplifies and clarifies the state's current intensive management                                                          
law for big game and the state's "same day airborne hunting" law.                                                               
This bill harmonizes these two currently inconsistent laws, and makes                                                           
both laws more workable and consistent with other important game                                                                
management laws, such as the state's subsistence law.                                                                           
                                                                                                                                
This legislation will provide direction to state regulators and biologists                                                      
in accordance with the state's constitutional requirements to manage                                                            
game under the maximum use, maximum benefit, common use, and                                                                    
sustained yield principles.  Currently, in almost all cases, the Board of                                                       
Game (board) must adopt a predatory control program before they can                                                             
reduce hunting of an identifiable wildlife population, unless the board                                                         
makes findings or there is an emergency action (both of which are                                                               
complex and easily challenged).  The bill eliminates that unworkable                                                            
process.                                                                                                                        
                                                                                                                                
The bill clarifies statutory language requiring the board to identify                                                           
moose, caribou, and deer populations that are important for high levels                                                         
of harvest by humans, so that these important game herds will be                                                                
managed for both abundant numbers and abundant harvest                                                                          
opportunities.  This should assist courts and the public in                                                                     
understanding the goals and requirements of active management                                                                   
programs.                                                                                                                       
                                                                                                                                
In addition, the bill defines the new term "active management", which                                                           
is used in place of "intensive management."  It also would eliminate                                                            

2007-05-11                     House Journal                      Page 1267
several current definitions that have proven to be problematic for both                                                         
the board and courts.                                                                                                           
                                                                                                                                
This legislation eliminates the complex and problematic process the                                                             
board now has to go through to authorize game management programs                                                               
involving airborne or same day airborne shooting.  It also makes it                                                             
clear that Department of Fish and Game employees are allowed to                                                                 
shoot animals for public safety, scientific, or other legitimate                                                                
governmental purposes on the same day that the employees have been                                                              
airborne.                                                                                                                       
                                                                                                                                
In summary, the bill takes two laws that were written to achieve                                                                
almost exactly opposite purposes and rewrites them so that the state's                                                          
game managers, courts, and public will have better tools to work                                                                
together.  The important principle of limiting use of airborne and same                                                         
day airborne shooting of large predators is retained, while the process                                                         
for conducting game management programs critical to meeting several                                                             
of the state's constitutional mandates is made simpler, more workable,                                                          
and legally defensible.                                                                                                         
                                                                                                                                
I urge your prompt and favorable consideration of the measure.                                                                  
                                                                                                                                
                                Sincerely,                                                                                     
                                /s/                                                                                             
                               Sarah Palin                                                                                     
                                Governor"