Legislature(2007 - 2008)BARNES 124
02/06/2008 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB267 | |
| HB336 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 267 | TELECONFERENCED | |
| += | HB 336 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 267-WILDLIFE VIOLATOR COMPACT 1:05:29 PM CO-CHAIR JOHNSON announced that the first order of business would be HOUSE BILL NO. 267, "An Act relating to authorizing the state to join with other states entering into the Wildlife Violator Compact and authorizing the compact to supersede existing statutes by approving standards, rules, or other action under the terms of the compact; and directing the initiation of civil actions to revoke appropriate licenses in this state based on a resident licensee's violation of or failure to comply with the terms of a wildlife resource citation issued in another state that is a party to the compact." REPRESENTATIVE FAIRCLOUGH supported the concept of the Wildlife Violator Compact and supported moving HB 267 out of committee. She appreciated the opportunity to work with other states to hold people who abuse resources accountable. 1:07:22 PM CO-CHAIR JOHNSON, in response to Co-Chair Gatto, reviewed the changes included in Version O of HB 267[the committee substitute adopted as the working draft on 1/28/08, labeled 25-LS0864\0, Kane, 1/24/08]. He said Version O excludes commercial fishing because commercial fishing is not part of the compact; however, there is discussion underway among compact members to include commercial fishing in the future. Another change, he said, is the definition of wildlife that was added on page 5 [subsection (o), lines 21-27]. 1:08:07 PM REPRESENTATIVE SEATON observed that big game commercial hunting services are also excluded along with commercial fishing (page 1, lines 2-3). CO-CHAIR JOHNSON understood that a big game commercial hunting service must have a hunting license and would be unable to provide the service if it lost its hunting license. This would also apply to big game guides, he added. 1:08:40 PM REPRESENTATIVE SEATON pointed out that additional wording was removed from the title: "authorizing the compact to supersede existing statutes [by approving standards, rules, or other action under the terms of the compact]". CO-CHAIR JOHNSON said this deletion is in response to the committee's concern that Alaska state law clearly takes precedence over the compact so the state retains its autonomy over its wildlife and resources. 1:09:17 PM CO-CHAIR GATTO inquired whether there is anything that should be specifically excluded from the definition of wildlife [page 5, subsection (o), lines 21-27]. CO-CHAIR JOHNSON responded he would be uncomfortable excluding anything because the broader it is, the better. However, he said, he is willing to discuss a specific recommendation. 1:09:55 PM CO-CHAIR GATTO asked whether the last sentence [of subsection (o)] is a redundant statement. CO-CHAIR JOHNSON said he is uncertain, but it was drafted by Legislative Legal and Research Services so it must have been thought necessary. REPRESENTATIVE FAIRCLOUGH pointed out that this language was included in Version O at the committee's request to ensure that no species were left out. In further response to Co-Chair Gatto, Representative Fairclough clarified that the language added in Version O is on page 5, lines 26-27, as follows: "In this state, 'wildlife' means all species of fish and game as these terms are defined in AS 16.05.940." REPRESENTATIVE SEATON added that the reference to statute is to make it clear that wildlife means hunted wildlife covered by a hunting license, not dogs or cows or shrews or other animals. 1:12:10 PM AL CAIN, Criminal Justice Planner, Statewide Law Enforcement Specialist, Division of Sport Fish, Alaska Department of Fish & Game (ADF&G), stated that the term wildlife is compact language. The last sentence [relating to the state of Alaska] was added by Legislative Legal and Research Services because Alaska's statutes do not define wildlife, they define fish and game. He said Alaska statute defines fish as any species of aquatic finfish, invertebrate, or amphibian in any stage of its life found or introduced in the state; and game is defined as any species of bird, reptile, or mammal, including feral animals introduced and found. These definitions include species covered under sport hunting and sport fishing licenses and do not include domesticated animals like cats and dogs. CO-CHAIR GATTO inquired whether a domestic reindeer would be defined as [huntable] wildlife. MR. CAIN said there is a list of animals that are exempt from hunting. 1:14:42 PM CO-CHAIR GATTO asked whether a clause is needed in HB 267 that specifically excludes domesticated animals whether they were originally wild or otherwise. MR. CAIN responded he did not believe that is necessary because there is extensive definition language in this regard. A domestic reindeer would be defined as private property, the same as would be a domesticated pet. The only exception is that the Alaska Department of Fish & Game would require the owner to have a permit to possess a reindeer, bison, or similar species. He said he will look up the exact citation. CO-CHAIR GATTO asked whether a pet wolf could be hunted by a neighbor who fears the wolf might attack his or her pet dog. REPRESENTATIVE FAIRCLOUGH noted that if Alaska is a member of the wildlife compact, the state would determine whether a violation has occurred under existing Alaska statute and an appeal process would also be available prior to the violation going into the compact database for access by the other compact member states. So, the state is covered, she said. REPRESENTATIVE SEATON pointed out that by adopting Version O the compact will not supersede existing state statutes because this provision was removed. He agreed that the state is covered. CO-CHAIR GATTO responded, "If indeed the state statute did cover those." CO-CHAIR JOHNSON said he thinks that in the case of a neighbor shooting someone else's pet a number of civil and criminal statutes would apply that are unrelated to protecting the state's natural resources. 1:18:56 PM BURKE WALDRON, Captain, Central Office, Division of Alaska Wildlife Troopers, Department of Public Safety (DPS), cited a portion of the compact's definition of wildlife which specifies: "Species included in the definition of wildlife vary from state to state and a determination of whether a species is wildlife for the purposes of this compact must be based on local law." He noted that game, not wildlife, is hunted under Alaska law and that the definition of game excludes domestic birds and mammals. Thus, domestic animals are excluded in terms of how the state's game or wildlife laws apply. CO-CHAIR GATTO inquired whether farm raised musk ox are considered domestic animals under Alaska statute. MR. BURKE related that court rulings for both musk ox and bison have determined that farm reared animals are considered domestic. 1:20:35 PM REPRESENTATIVE FAIRCLOUGH moved to report HB 267, Version 25- LS0864\O, Kane, 1/24/08, out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSHB 267(RES) was reported from the House Resources Standing Committee.
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