Legislature(1997 - 1998)
04/03/1998 03:00 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 364
"An Act requiring nonresident hunters to be accompanied
when hunting moose; and providing for an effective
date."
REPERSENTATIVE IVAN IVAN spoke in support of HB 364. He
noted that are two reasons why HB 364 was introduced. The
first reason addresses conservation and would require
nonresident hunters to take a moose hunting orientation
course offered by the Department of Fish and Game. There is
concern that it is difficult for nonresidents to determine
whether or not a moose is legal. The present moose antler
restriction for nonresident hunters is a minimum of 50
inches and spike/fork regulations are in effect in most game
management units. The requirement for an orientation course
would result in less sub-legal moose being killed and
wasted.
An additional concern for the legislation would be to reduce
the waste of moose meat. The purpose of the transporter
requirement is to reduce waste of moose meat by those who
may not have the knowledge or capability, for whatever
reason, to care for the meat in the field. The transporters
would be held responsible for spoilage or wanton waste if
they fail to check on their clients and take moose meat out
of the field before waste or spoilage can occur. The
transporters currently have no responsibility for the
actions of their clients. He provided members with
Amendment 1 (copy on file).
TOM WRIGHT, STAFF, REPRESENTATIVE IVAN reviewed Amendment 1.
He observed that the Department of Public Safety requested
the first part of the amendment. The amendment would delete
the three-day requirement. Transporters would be required
to keep a written record, which they already have to file
with the Department of Commerce and Economic Development,
with them when they make a transport of hunters or meat in
or out of the field. The Department of Public Safety feels
that this would allow them to keep better track of hunters
and meat. The three-day requirement was deleted because the
Department felt it was not an enforceable statute.
(Tape Change, HFC 98 -89, Side 1)
KEN TAYLOR, DEPUTY DIRECTOR, DIVISION OF WILDLIFE
CONSERVATION, DEPARTMENT OF FISH AND GAME reviewed Amendment
1. He observed that a moose hunting orientation course
could be sent through the mail, to hunters who apply by
mail, for licenses and tags. A substantial number of
hunters apply for their licenses and tags through the mail.
The Department's fiscal note includes funding for a kiosk at
the Anchorage airport. He noted that the Department would
like the legislation to be amended to delay the effective
date to July 1, 1999.
Co-Chair Hanley asked if it is constitutional for a non-
resident to have to take a course that a resident doesn't
have to take. Mr. Taylor could not answer. In response to
a question by Co-Chair Hanley, Mr. Taylor explained that
every non-resident that applies by mail, would receive a
video of the course. The video would cost $10 dollars. An
affidavit affirming that they have watched the course would
be signed on their non-resident moose tag. The video would
help hunters identify legal moose and take care of meat.
Co-Chair Hanley expressed concern that there might be
constitutional concerns. Co-Chair Therriault suggested that
"or" be changed to "and". Mr. Wright agreed. Co-Chair
Hanley recommended that the legislation state that a
"nonresident may not obtain a moose tag unless the
nonresident signs a statement affirming they have either
completed a moose hunting course offered by the Department
or will be accompanied." Mr. Taylor noted that the
Department's concern was that two mailings would be required
because hunters would not receive their tag until after they
had completed the course. The Department wants to ship the
tag, license and videotape at on time. Co-Chair Hanley
emphasized that the legislation seems to say that persons
that apply by mail would not have to take the course. The
intent is not that those that apply by mail would not have
to take the course. Co-Chair Therriault added that the only
tags that can be received by mail would come from the
Department.
Representative Grussendorf did not think that there would be
a constitutional problem. He observed that hunting is a
privilege.
Mr. Taylor explained that $5 thousand dollars in the
Department's fiscal note would go toward airport leasing.
The kiosk would be approximately $20 thousand dollars.
Twenty-six hundred dollars is included for postage. In FY
99, would be contractual to put the video footage together.
Representative Davies suggested that the first "obtain" be
changed to "use" on page 1, line 22 of Amendment 1.
Everything from the second obtain would be deleted through
to the word "nonresident". The recommended language would
provide that the tag could be received but could not be used
unless they had signed a statement. Mr. Taylor spoke in
support of the suggested language.
Representative Foster noted the difficulty of discerning
moose size. Mr. Taylor clarified that a one-year residence
would be required. Representative Foster observed that some
residents would benefit from the course. He expressed
concern that transporters would be burdened by Amendment 1.
Mr. Wright explained that transporters would only be
required to carry records that currently must be submitted
on an annual basis. He emphasized that the information
would assist the Department of Public Safety in their
enforcement efforts. Representative Foster expressed
concern that transporters would have more paper work
requirements.
TED KRIEG, NATURAL RESOURCE DEPARTMENT, BRISTOL BAY NATIVE
ASSOCIATION, DILLINGHAM spoke in support of the legislation.
He noted that wanton waste has been a concern of the
Association. He spoke against allowing course certification
through video participation. He maintained that viewing a
video is not enough. He spoke in support of requiring
transporters to check with hunters every three days. He
stressed that some hunters only want the horns. He asserted
that meat should be taken care of, so that it can be used by
locals. He expressed concern that moose are being left and
the meat wasted because they are not legal size. The course
should provide the ability to identify a legal moose, make
sure that meat will not be wasted and assure that hunters
realize the amount of meat that is involved. He asserted
that transporters must be responsible for the hunters they
take out.
Representative Foster questioned the premise that hunters
should be responsible for the actions of another person.
Mr. Krieg reiterated that transporters should be
responsible. Representative Foster observed that weather
could prevent transporters from contacting hunters within
the suggested three-day period. He stressed that pilot's
job is to fly not to police. Co-Chair Therriault noted that
the legislation currently requires that the transporter
check on hunters every three days. Representative Foster
questioned what would happen if the hunter does not pay the
transporter to come back in three days. Representative
Grussendorf suggested that hunters would have to pay for
checks. Representative Foster acknowledged the intent, but
expressed concern with making transporters responsible for a
third party.
VIRGIL UMPENOUR, BOARD OF FISHERIES, FAIRBANKS spoke in
support of HB 364. He noted that he is a registered hunting
guide and operates a meat and fish processing plant in
Fairbanks. He stressed that the primary issue is the direct
competition with subsistence use of non-regulated
nonresident hunters. He felt hunters should be required to
be physically present at the course. He observed problems
with sub-legal moose being shot and left in the field and
meat being wasted due to a lack of transportation. He
observed that the number of nonresident moose hunters in
unit 21D increased by 300 percent in 1995-1996. As much as
30 percent of the moose are taken by nonresidents. He
maintained that the majority of the meat is spoiled.
In response to a question by Representative Davies, Mr.
Umpenour observed that guides are responsible to get the
meat out in good condition. He emphasized that transporters
already have to keep a hunt record. The legislation would
require that the record be kept with them when they are
transporting hunters or meat. Transporters would be
required to report violations of their clients in the same
manner as a guide.
MICHELLE SPARCK, RESOURCE SPECIALIST, ASSOCIATION OF VILLAGE
COUNCIL PRESIDENTS, BETHEL spoke in support of the
legislation. She emphasized that moose meat is being
wasted. One moose is equivalent to five caribou. She
stressed the importance of the meat to feed local residents.
Meat keeps longer when it is attached to the bone, but
hunters cut it away to reduce weight. She maintained that a
video is not sufficient preparation for hunters. She spoke
in support of the legislation's original language.
HERMAN MORGAN, CITY MANAGER, ANIAK spoke in support of HB
364. He noted that he is a subsistence hunter. He asserted
that moose meat is being left to rot and waste. He
maintained that the moose that locals depend on are being
endangered. A lot of meat is going to waste that could feed
locals during the winter. He maintained that it is an
insult to the dignity of the subsistence life style. He
stressed that a video can not take the place of an
experienced guide. He asserted that no one is taken
responsibility for all of the rotting meat.
GILBERT HUNTINGTON, GALENA spoke in support of HB 364. He
noted that he is a registered guide and a subsistence
hunter. He spoke in support of the original language of HB
364. He expressed concern that moose meat is being wasted.
He asserted that transporters bring hunters in without
guides. He emphasized that guides look after the resource.
He stressed that anyone can sign his or her name to an
affidavit.
ROD ARNO, PRESIDENT, ALASKA OUTDOOR COUNCIL spoke in support
of HB 364. He stressed that nonresident hunters are
perceived as trophy hunters that allow meat to spoil. He
noted that wanton waste is a crime punishable by one to five
in jails. He maintained that it is an enforcement issue
problem. He stated that it would be advantages to increase
hunters' skill levels and spell out the client transporter
obligation and relationship. He cautioned that too large of
a hurdle not be created to nonresident hunters. He observed
that in 1997 there were approximately 14,000 nonresident
hunters. Nonresident hunters brought in $6.5 million
dollars in 1997, or $462 dollars per hunter in licenses and
fees. Federal aid based on the license sales of nonresident
hunters was $8.5 million dollars in 1997. Nonresident
hunters are responsible for more than 90 percent of the
Division of Wildlife Conservation's' budget. He stated that
the perception of nonresidents would benefit from the care
of meat. He spoke against Amendment 1. He stated that the
amendment would take the guts out of the legislation.
Section 1 of CSHB 364 (RES) would make transporters
responsible for wasted meat. He suggested that Section 1
could be amended by removing language-requiring transporters
to check on clients every three days. The remaining
language would read, " In order to maximize the use of game
taken by clients of transporters, transport meat of game
taken by the clients out of the field before waste or
spoilage can occur." He maintained that the
transporter/client relationship needs to be clear. He
emphasized that the transporters advertise for nonresident
for drop off hunts. Transporters decide where nonresidents
will hunt. He maintained that they need to be held
responsible for wanton waste. He stressed that transporters
should follow the same procedures as guides to make sure
that there are not too many clients in the field to be
adequately served. If transporters report spoiled meat the
responsibility would be on the client. If meat is spoiled
because a transporter can not cover all of his clients
before spoilage occurs they should be partially responsible.
HB 364 was HELD in Committee for further consideration.
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