Legislature(2007 - 2008)BARNES 124

02/08/2008 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 256 ACTIVE GAME MANAGEMENT/AIRBORNE SHOOTING TELECONFERENCED
Moved CSHB 256(RES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 336 SUSITNA HYDROELECTRIC PROJECT TELECONFERENCED
Moved CSHB 336(RES) Out of Committee
HB 256-ACTIVE GAME MANAGEMENT/AIRBORNE SHOOTING                                                                               
                                                                                                                                
1:50:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  announced that the  next order of  business would                                                               
be  HOUSE  BILL  NO.  256,   "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."                                                                                               
                                                                                                                                
1:50:47 PM                                                                                                                    
                                                                                                                                
GREG ROCZICKA,  Director, Natural Resource  Program, Orutsaramiut                                                               
Native Council,  noted that  he has 20  years of  direct resource                                                               
management experience and  served two terms on the  Board of Game                                                               
starting in  1996.  He was  on the board that  helped develop the                                                               
intensive  management law.   He  said the  board spent  two years                                                               
addressing each moose population  one-by-one throughout the state                                                               
to determine  if it met  the criteria.   The board looked  at all                                                               
the habitat issues  and carrying capacity.   The historical highs                                                               
were  pared  down  so  that   the  biological  K-Factor  was  not                                                               
exceeded, he said.   Out of the approximately  69 game management                                                               
units  and  subunits,  there  are  65  separately  managed  moose                                                               
populations  and, of  those,  the  board found  32  that met  the                                                               
intensive management criteria.  In 2000  and again in 2002, 18 of                                                               
those  32 populations  were either  declining, or  in a  state of                                                               
decline, or depressed.                                                                                                          
                                                                                                                                
MR. ROCZICKA  said it  seems that  if the  science agrees  with a                                                               
certain organization's point  of view it is good  science, and if                                                               
it does  not then it is  bad science -  what it boils down  to is                                                               
political science.   He  has been  to national  and international                                                               
conferences and  Alaska's professionals  are highly  regarded, he                                                               
related.  He attended the  Wildlife Society conference referenced                                                               
by previous  speakers and agreed  that [aerial  predator control]                                                               
was a matter  of great debate at the conference,  but that it was                                                               
split down  the middle.   The Wildlife  Society also has  a paper                                                               
that  says  predator management  is  not  appropriate for  ballot                                                               
initiatives, he said.                                                                                                           
                                                                                                                                
MR. ROCZICKA submitted that HB  256 would return the balance that                                                               
was in  place before  the first initiative  passed.   Within five                                                               
years of the first initiative,  he said, the averages dropped 60-                                                               
80 percent  or more.   Should Alaska's  fisheries be  managed the                                                               
same as the  state's moose populations have been for  the past 10                                                               
years,  he  asked.   Right  now,  the  state is  getting  nothing                                                               
equivalent to  escapement.  Only  6-10 calves are  surviving from                                                               
birth to  one year old, so  there is no recruitment  despite mild                                                               
weather and good  habitat.  Survival of 15-20 calves  per year is                                                               
needed  just to  maintain a  stable  population.   He urged  that                                                               
Alaska's professionals be allowed to do their jobs.                                                                             
                                                                                                                                
1:56:57 PM                                                                                                                    
                                                                                                                                
VIC  VANBALLENBERGHE,  PhD,  said  he started  his  career  as  a                                                               
biologist studying  moose and  wolves in  1967 and  has continued                                                               
doing so for the last 34 years  in Alaska.  He served three terms                                                               
on the Board of  Game - one term in the late  1980s, again in the                                                               
mid-1990s, and  in the early  2000s.   He said his  comments will                                                               
pertain specifically  to HB 256 and  the problems he sees  in the                                                               
bill.    He  was on  the  Board  of  Game  before and  after  the                                                               
intensive management  statute was passed.   He was  around during                                                               
the  deliberations on  that  bill  and in  1998  when there  were                                                               
amendments  and additions.   He  also  recalls the  deliberations                                                               
that went into the same-day airborne hunting law.                                                                               
                                                                                                                                
MR. VANBALLENBERGHE  noted that the intensive  management statute                                                               
contains very  specific terms and  conditions for when  the Board                                                               
of  Game can  adopt  intensive management  programs  and when  it                                                               
cannot.  The board must consider  that a prey population has been                                                               
depleted or its  productivity has been reduced,  and the predator                                                               
control  or  intensive  management   programs  must  be  feasibly                                                               
achievable  using techniques  that  are  recognized and  prudent.                                                               
Those terms are  all included specifically in the  act, but those                                                               
standards would be deleted if HB  256 passes and that is a matter                                                               
of  concern.   One professional  biologist organization  has sent                                                               
three different  letters of concern  to Alaska's  governors about                                                               
the state's predator  control programs and the  standards used by                                                               
the state to adopt, implement, and evaluate those programs.                                                                     
                                                                                                                                
2:01:34 PM                                                                                                                    
                                                                                                                                
MR. VANBALLENBERGHE cautioned against  deleting the things he has                                                               
enumerated by  passing HB  256.   Passing HB  256 would  give the                                                               
Board  of Game  the  authority  to not  consider  whether a  prey                                                               
population or  its productivity is  reduced, to  conduct programs                                                               
that are not feasibly achievable,  and to use techniques that are                                                               
not part of a game management  program.  The board would not have                                                               
to  determine that  predation  is causing  the  problem and  that                                                               
reducing predation  would solve the  problem.  Those  are serious                                                               
things to  delete from  the existing regulations,  he said.   The                                                               
board is  given free rein.   These regulations are  replaced with                                                               
the  statement  that the  board  can  adopt intensive  management                                                               
predator control programs only if  the board considers them to be                                                               
"conducive"  to solving  the problems  and that  is a  very open-                                                               
ended statement.  The most  controversial programs in the state -                                                               
predator control programs - would be operating standard free.                                                                   
                                                                                                                                
2:03:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES surmised  that Mr.  Vanballenberghe opposes                                                               
HB 256  because it takes the  science out of game  management and                                                               
gives  control to  the Board  of Game  instead of  the biologists                                                               
working in the field.                                                                                                           
                                                                                                                                
MR. VANBALLENBERGHE  responded that HB 256  abolishes the process                                                               
that  has been  in  place since  the  first intensive  management                                                               
statute  was  passed in  1994.    The  bill abolishes  the  whole                                                               
framework of constraints on the  board that require management to                                                               
be conducted in a reasonable  and biologically acceptable manner.                                                               
He  said the  ability  to  adopt programs  that  the board  deems                                                               
conducive  to meeting  the objectives  is a  standardless way  to                                                               
operate.   While biologists may  have disagreements, they  are in                                                               
agreement that it is necessary to have standards in place.                                                                      
                                                                                                                                
CO-CHAIR GATTO  said he has a  graduate degree in biology  and he                                                               
disagrees with Mr. Vanballenberghe on several points.                                                                           
                                                                                                                                
2:05:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON inquired whether  it is possible that using                                                               
scientifically-based methods  can take too long  to determine the                                                               
problem and  result in  season closures that  must last  for many                                                               
years.    She surmised  that  whoever  wrote  the bill  thinks  a                                                               
scientifically-based method takes too long.                                                                                     
                                                                                                                                
MR. VANBALLENBERGHE  replied that two different  things are being                                                               
talked about  here.  He said  he is talking about  constraints on                                                               
the Board of Game for  adopting predator control programs as part                                                               
of intensive or active management.   For example, Section 8, page                                                               
4,  deletes  the following  constraints:    the requirement  that                                                               
predator control be conducted as  part of a game management plan,                                                               
the requirement  that decisions be based  on information provided                                                               
by the Alaska Department of Fish  & Game, the requirement that it                                                               
be determined  that predation  is preventing  a moose  or caribou                                                               
population  from increasing,  and the  requirement that  there is                                                               
reasonable expectation that predator control  will work.  He said                                                               
the point he  is raising is that this process  of requirements is                                                               
being  deleted and  replaced with  the broad  statement that  the                                                               
board can  do predator control simply  if the board thinks  it is                                                               
conducive.   In  regard to  the different  point being  raised by                                                               
Representative  Wilson, he said  there are some areas where there                                                               
is  adequate biological  information to  proceed and  other areas                                                               
where  there is  not, and  in those  areas it  will take  time to                                                               
gather the data to determine whether predation is the problem.                                                                  
                                                                                                                                
CO-CHAIR GATTO  stated that, typically, field  biologists collect                                                               
the  data and  present their  findings and  conclusions to  their                                                               
supervisor  or  the Board  of  Game.    The  board then  makes  a                                                               
decision based on what several biologists  say.  The board is the                                                               
one empowered to  make the decision.  He said  he trusts that the                                                               
board will make  its decisions based on  the information received                                                               
from the field.                                                                                                                 
                                                                                                                                
2:09:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   said  "conducive  to  achieving"   is  a                                                               
standard with no  sideboards.  He asked  whether parameters would                                                               
be given by replacement language  that states, "can reasonably be                                                               
expected to aid in the achievement of".                                                                                         
                                                                                                                                
MR.  VANBALLENBERGHE  answered  that,  at  a  minimum,  he  would                                                               
recommend retention of  the clause being deleted  under Section 8                                                               
[beginning on page 4, line 21].                                                                                                 
                                                                                                                                
2:11:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  inquired   what  Mr.  Vanballenberghe                                                               
thought the Board of Game will do if the science is taken out.                                                                  
                                                                                                                                
MR.  VANBALLENBERGHE  responded  that   if  the  bill  passes  as                                                               
written, the board  has free rein.  He recently  attended a Board                                                               
of  Game meeting  in which  the board  members agreed  that local                                                               
input can in  some cases supersede everything else, he  said.  To                                                               
him that  means local fish  and game advisory committees  can ask                                                               
for predator  control programs  and intensive  management actions                                                               
and the board will proceed.                                                                                                     
                                                                                                                                
2:12:49 PM                                                                                                                    
                                                                                                                                
WADE  WILLIS,   a  former  state  wildlife   biologist,  rebutted                                                               
statements made by  Co-Chair Gatto, Mr. Rod Arno,  and the Alaska                                                               
Department  of Fish  & Game  that regulations  requiring science-                                                               
based  predator control  are unnecessary.   However,  nobody says                                                               
why  the  science-based parameters  should  be  removed from  the                                                               
regulatory process  and replaced  by nonbinding promises.   "When                                                               
57,000 Alaska  residents sign a  petition to put  aerial predator                                                               
control back  on the ballot  for the third time,  the legislature                                                               
should have  an overwhelming respect  for the  citizens' intent,"                                                               
he  said.   Rather  than bringing  the people  of  Alaska to  the                                                               
table, HB 256  overrides the will of the majority  by the will of                                                               
a  few.   This committee  should do  the right  thing and  send a                                                               
clear message to  the Board of Game, the  ADF&G, the legislature,                                                               
and the governor  that the time has come when  all Alaskan's will                                                               
be  allowed  to participate  in  the  management of  our  state's                                                               
wildlife resources.   The state  constitution requires  the Board                                                               
of  Game and  ADF&G to  manage predators  and prey  for all  user                                                               
groups.  The largest user  group is wildlife watchers, and nobody                                                               
talks  about their  rights and  needs.   In the  last initiative,                                                               
this user  group voted that  it could deal with  predator control                                                               
if  it is  run  by  ADF&G, especially  if  it  is science  based.                                                               
Hunters' rights  cannot be protected  if nonhunters  are excluded                                                               
from the  process, Mr. Willis  said.  State-run  predator control                                                               
programs would provide the transparency  the citizens require for                                                               
such  a drastic  wildlife management  technique.   Why would  the                                                               
legislature  prefer HB  256  to such  a  win-win proposition,  he                                                               
asked.                                                                                                                          
                                                                                                                                
REPRESENTATIVE ROSES  commented that  signing an  initiative does                                                               
not  equate to  all of  those people  voting for  or against  the                                                               
bill.   He said he  has signed ballot initiatives  simply because                                                               
he felt  state residents should  have the opportunity to  vote on                                                               
it, and that  signing the initiative did not  mean he necessarily                                                               
supported the stance taken by the initiative.                                                                                   
                                                                                                                                
2:17:35 PM                                                                                                                    
                                                                                                                                
ANDREA  VEACH  disclosed   that  she  is  a   secretary  for  the                                                               
Department of  Transportation & Public  Facilities, but  that her                                                               
testimony  is unrelated  to her  employment and  is her  personal                                                               
opinion.  She stated:                                                                                                           
                                                                                                                                
     As you  know, Alaskans have  twice voted - in  1996 and                                                                    
     2000 - against  the airborne shooting of  wolves by the                                                                    
     public.  Both  times, putting this issue  on the ballot                                                                    
     required the labor intensive  gathering of thousands of                                                                    
     signatures.  Despite the clarity  of the voters on this                                                                    
     issue,  the state  legislature and  the  Board of  Game                                                                    
     have  disregarded the  ... Alaskan  voters, as  did the                                                                    
     trophy  hunter, Governor  Murkowski,  and now  Governor                                                                    
     Palin.  Governor Palin's position  on this subject does                                                                    
     not give  much credence  to her frequently  stated wish                                                                    
     to  represent the  will of  Alaskans and  respect their                                                                    
     input.      Native    subsistence   hunters   did   not                                                                    
     traditionally depend  on airborne elimination  of their                                                                    
     competition  to  gain  an  advantage.     Why  is  that                                                                    
     necessary  now?    I  suggest  that  if  something  has                                                                    
     changed  it   is  ...  that  there   are  more  hunters                                                                    
     expecting a  bounty a cold harsh  land cannot naturally                                                                    
     provide.  Historically, the  predator most dangerous to                                                                    
     the  environment  and  the balance  of  nature  is  not                                                                    
     wolves and  bears, it  is man.   Management  is needed,                                                                    
     but it is man that needs  to be managed, not the wolves                                                                    
     and bears.   The  human population  is now  6.5 billion                                                                    
     and is  projected to  be 9.3 billion  by 2050.   Wolves                                                                    
     and  bears  around the  world  can  be counted  in  the                                                                    
     thousands.   These numbers alone should  tell the story                                                                    
     of   what  species   needs  to   have  its   population                                                                    
     controlled. ...  As their name  suggests, the  Board of                                                                    
     Game  views animals  as solely  something to  be killed                                                                    
     for human  consumption.   Many Alaskans,  and certainly                                                                    
     many people  from Outside and  other countries,  do not                                                                    
     view  animals as  something just  to kill  and consume.                                                                    
     We need a broader view, such  as a Board of Wildlife to                                                                    
     mitigate this  single narrow view  of the use  of other                                                                    
     species. ...  Please stop  the cruel  airborne shooting                                                                    
     of wolves and bears and any other animals.                                                                                 
                                                                                                                                
2:21:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO surmised that Ms. Veach's point of view is that                                                                  
wildlife viewing has been given the short end of the stick and                                                                  
has not been sufficiently considered.                                                                                           
                                                                                                                                
MS. VEACH responded, "Absolutely."                                                                                              
                                                                                                                                
CO-CHAIR GATTO related that he no  longer sees the same number of                                                               
moose  that he  used to  see  in prior  years and  wants this  to                                                               
change.    [Predator] control  is  aimed  at restoring  the  more                                                               
natural  number of  moose,  he  said.   There  are no  statistics                                                               
showing that hunters are responsible  for the greatest decline in                                                               
moose, he said.  The bill  is attempting to set up some standards                                                               
to deal with  predation when it is believed that  is the problem.                                                               
In those cases where this  assumption is subsequently found to be                                                               
wrong, wolves  have a  high reproductive rate  and moose  do not.                                                               
When  no  moose  calves  are  being  seen,  should  this  not  be                                                               
addressed, he asked.                                                                                                            
                                                                                                                                
MS. VEACH  replied that the  larger picture should be  looked at.                                                               
These animals  need habitat  so they  can balance  themselves and                                                               
let nature take  its course.  Humans are  overwhelming in numbers                                                               
and in the need  to hunt and in taking over the  habitat.  She is                                                               
not  opposed to  subsistence  hunting, but  this  should be  done                                                               
without  the  aid of  shooting  the  competition from  airplanes.                                                               
Rural Native subsistence hunters  should have priority over urban                                                               
[hunters], she said.                                                                                                            
                                                                                                                                
CO-CHAIR GATTO  closed public  testimony after  ascertaining that                                                               
no one else wished to speak.                                                                                                    
                                                                                                                                
2:25:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved that  the committee  adopt Amendment                                                               
1, labeled 25-GH1076\A.1, Kane, 2/5/08, written as follows:                                                                     
                                                                                                                                
     Page 4, line 17:                                                                                                           
          Delete "would be conducive to achieving"                                                                          
        Insert "can reasonably be expected to aid in the                                                                    
     achievement of"                                                                                                        
                                                                                                                                
CO-CHAIR JOHNSON objected.                                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON said  the  purpose of  Amendment  1 is  to                                                               
prevent the unintended  consequence of moving from  a standard to                                                               
a standard  without much  definition.  He  does not  think anyone                                                               
would be  able to say  what "conducive  to achieving" is,  so the                                                               
amendment reinstates a portion of  the language deleted from page                                                               
4, line 28.                                                                                                                     
                                                                                                                                
2:28:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  stated he,  too, does  not know  what to                                                               
think  of the  word conducive,  but  he thinks  the amendment  is                                                               
unclear also.   Additionally, there are other places  in the bill                                                               
where the word  conducive is found.  He  requested the Department                                                               
of Law to comment on the word conducive.                                                                                        
                                                                                                                                
CO-CHAIR GATTO  asked whether  there could  be a  situation where                                                               
conducive would be inadequate and Amendment 1 would be superior.                                                                
                                                                                                                                
KEVIN   SAXBY,  Senior   Assistant   Attorney  General,   Natural                                                               
Resources Section, Civil Division  (Anchorage), Department of Law                                                               
(DOL), answered that  since conducive is not  defined in statute,                                                               
the ordinary dictionary definition  of conducive would apply when                                                               
interpreting this law.  He noted  that the word conducive is used                                                               
on both line  17 and line 19  [page 4].  Eliminating  the word in                                                               
one place and not the other  will beg the question of whether the                                                               
words are to  be viewed as different standards  and whether there                                                               
is intention  to have a different  standard on line 19.   He said                                                               
he thinks  the words being deleted  are a more simplified  way of                                                               
saying the words that would be  inserted.  In further response to                                                               
Co-Chair Gatto,  Mr. Saxby confirmed  that he does not  think the                                                               
difference in language is relevant.                                                                                             
                                                                                                                                
2:31:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON said she does  not have a problem with what                                                               
the bill  wants to  do, except  she is  leery about  removing the                                                               
language  regarding  scientific  data.    What  would  happen  if                                                               
science  was  taken out  of  fish  management,  she asked.    She                                                               
suggested that  scientific-based management be retained  and that                                                               
the other parts  of the bill remain  the same.  She  said she did                                                               
not think the amendment quite reaches this.                                                                                     
                                                                                                                                
CO-CHAIR  GATTO responded  that  what  is being  asked  for is  a                                                               
second  subject and  an amendment  can  be taken  in that  regard                                                               
after   Representative  Seaton's   first  three   amendments  are                                                               
considered.                                                                                                                     
                                                                                                                                
2:33:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON agreed there is  not much difference between the                                                               
current and proposed language.   He asked whether the language in                                                               
Amendment 1 would  apply to all the places in  the bill where the                                                               
word conducive appears.                                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON replied yes.                                                                                              
                                                                                                                                
CO-CHAIR  JOHNSON maintained  his  objection to  Amendment 1  for                                                               
purposes of discussion.                                                                                                         
                                                                                                                                
2:34:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON said it appears  to him that Amendment 1 is                                                               
softer language and  adds more words when one of  the purposes of                                                               
the bill is to make the language simpler.                                                                                       
                                                                                                                                
CO-CHAIR  GATTO  asked  whether  Mr.  Ken  Taylor,  as  an  ADF&G                                                               
employee charged with enforcing  the laws, believes the amendment                                                               
substantively changes the content of the original language.                                                                     
                                                                                                                                
KEN  TAYLOR, Deputy  Commissioner,  Office  of the  Commissioner,                                                               
Alaska Department of Fish & Game (ADF&G), answered no.                                                                          
                                                                                                                                
2:36:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  agreed Amendment 1 would  not substantively                                                               
change  what is  trying to  be accomplished,  but said  he thinks                                                               
conducive has  a higher  standard of  proof than  does reasonable                                                               
expectation.    He therefore  opposed  the  amendment because  it                                                               
would lower the standard of expectation.                                                                                        
                                                                                                                                
CO-CHAIR JOHNSON added  that he shares this  same concern because                                                               
reasonable is  in the eye of  the beholder.  He  inquired whether                                                               
the type  of change in Amendment  1 would affect any  action that                                                               
may or may not be before the courts.                                                                                            
                                                                                                                                
MR. SAXBY  responded that  he cannot predict  what a  court would                                                               
do, but  he can say  that if HB 256  is adopted, the  language of                                                               
the bill  would definitely be  relevant to  the court on  some of                                                               
the issues that it is considering.   The state would be obligated                                                               
to  inform the  court  as  quickly as  possible  of whatever  new                                                               
language applied.                                                                                                               
                                                                                                                                
2:39:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  said  he  thinks  there  is  a  different                                                               
standard between  conducive and reasonable expectation,  and that                                                               
conducive is  no standard  at all.   Although conducive  could be                                                               
defined  in statute  to mean  that it  is reasonably  expected to                                                               
accomplish the  goal, it seems it  is better to change  the words                                                               
[in the bill] to what is currently in the statute.                                                                              
                                                                                                                                
REPRESENTATIVE  WILSON  agreed.   Reasonable  means  it would  be                                                               
something  that  someone  else  with the  same  facts  would  do.                                                               
Conducive  does not  have to  have the  facts, it  only needs  to                                                               
maybe point in that direction.                                                                                                  
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   said  it  is  reasonable   that  the                                                               
committee discuss  aerial wolf hunting  and conducive to  let the                                                               
House  Judiciary Standing  Committee  decide  on the  appropriate                                                               
language.                                                                                                                       
                                                                                                                                
A  roll call  vote was  taken.   Representatives Wilson,  Seaton,                                                               
Guttenberg,  and   Kawasaki  voted  in  favor   of  Amendment  1.                                                               
Representatives  Roses, Edgmon,  Fairclough,  Johnson, and  Gatto                                                               
voted against  it.  Therefore,  Amendment 1 failed adoption  by a                                                               
vote of 4-5.                                                                                                                    
                                                                                                                                
2:43:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved that  the committee  adopt Amendment                                                               
2, labeled 25-GH1076\A.2, Kane, 2/5/08, written as follows:                                                                     
                                                                                                                                
     Page 2, line 23, following "programs.":                                                                                    
          Insert "However, nothing in (e) of this section                                                                       
     or  this subsection  requires  the  board to  establish                                                                    
     that  human  harvest  is the  only  beneficial  use  of                                                                    
     moose, caribou,  and deer populations or  precludes the                                                                    
     board from establishing  specific areas exclusively for                                                                    
     other  beneficial  uses  of moose,  caribou,  and  deer                                                                    
     populations."                                                                                                              
                                                                                                                                
CO-CHAIR JOHNSON  objected for the  purpose of providing  time to                                                               
read the amendment.                                                                                                             
                                                                                                                                
2:43:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  explained that the purpose  of Amendment 2                                                               
is  to ensure  the  Board of  Game knows  that  management of  an                                                               
area's  ungulate  population  does  not   have  to  be  the  sole                                                               
consideration.   This would  preclude the  unintended consequence                                                               
of  the  board  interpreting  that  an  area  must  be  used  for                                                               
intensive management.   For  example, the board could establish a                                                               
bear viewing area.                                                                                                              
                                                                                                                                
CO-CHAIR JOHNSON maintained his objection.                                                                                      
                                                                                                                                
REPRESENTATIVE   FAIRCLOUGH   requested  an   interpretation   of                                                               
Amendment 2 from the Alaska Department of Fish & Game.                                                                          
                                                                                                                                
MR.  TAYLOR replied,  "The intensive  management  bill has  never                                                               
precluded the board from establishing  viewing areas, and I'm not                                                               
certain that the  amendment would be necessary."   He deferred to                                                               
Mr. Saxby for a legal interpretation.                                                                                           
                                                                                                                                
MR. SAXBY agreed  the language is superfluous, but  that it could                                                               
be adopted.  The way current law  reads and the way it would read                                                               
under  the bill,  "there is  no requirement  that the  board must                                                               
establish human harvest as the  only beneficial use and ... there                                                               
is nothing  that precludes the  board from  establishing specific                                                               
areas exclusively  for other beneficial  uses, ... and  the board                                                               
has done so in a number of places."                                                                                             
                                                                                                                                
2:48:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  inquired whether Mr. Saxby  objected to Amendment                                                               
2 or thought it would hurt anything by being in the bill.                                                                       
                                                                                                                                
MR.  SAXBY said  the amendment  does not  hurt anything,  but the                                                               
charge was  to simplify this  law and a good  legislative drafter                                                               
provides the minimum  amount of language necessary.   However, it                                                               
will not matter one way or the other in the long run.                                                                           
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  asked what  findings are  necessary to                                                               
establish beneficial uses other than predator control.                                                                          
                                                                                                                                
MR.  TAYLOR responded  the findings  might be  that a  given area                                                               
should be set  aside for, say, viewing waterfowl.   For instance,                                                               
the  [Anchorage   Coastal  Wildlife   Refuge]  is   divided  into                                                               
different areas and  hunting is disallowed in  Potter Marsh where                                                               
viewing is the  highest priority.  Another example  is the Cooper                                                               
Landing area where there is sheep viewing and no hunting.                                                                       
                                                                                                                                
2:51:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   WILSON  supported   Amendment   2  because   she                                                               
interprets the bill,  as written, to require the  board to manage                                                               
for human harvest.                                                                                                              
                                                                                                                                
REPRESENTATIVE EDGMON agreed with the  intent of Amendment 2, but                                                               
said he  interprets the  bill, as  written, as  already providing                                                               
the  amendment's  intent.   In  response  to Co-Chair  Gatto,  he                                                               
confirmed  he is  saying that  the process  of identifying  areas                                                               
also means identifying areas for not doing something.                                                                           
                                                                                                                                
2:53:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON argued  that the problem is  nowhere in the                                                               
bill does it say that the Board  of Game can balance, it says the                                                               
board shall.  If  someone comes to the Board of  Game and says an                                                               
area is important for moose, deer,  or caribou, then under HB 256                                                               
the statute  would say  that the  board shall  do this  and shall                                                               
establish the  objectives for human  harvest and shall  adopt the                                                               
regulations to  achieve that.  The  purpose of Amendment 2  is to                                                               
ensure  that by  statute there  is no  unintended consequence  of                                                               
taking flexibility away  from the Board of Game -  that the board                                                               
is not  mandated to follow  the aforementioned procedure  and can                                                               
choose not to take that action.                                                                                                 
                                                                                                                                
CO-CHAIR JOHNSON said  he objects to Amendment 2  because it does                                                               
not  do  much and  simplicity  in  law  is important.    However,                                                               
because  the  amendment  adds  to   the  comfort  level  of  some                                                               
committee members, he withdrew his objection.                                                                                   
                                                                                                                                
There being no further objection, Amendment 2 was adopted.                                                                      
                                                                                                                                
2:54:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved that  the committee  adopt Amendment                                                               
3, labeled 25-GH1076\A.3, Kane, 2/8/08, written as follows:                                                                     
                                                                                                                                
     Page 4, line 16, following "that":                                                                                     
          Insert "objectives set by the board for the                                                                       
     moose,  caribou, or  deer  population identified  under                                                                
     16.05.255(e) have not been  achieved, that predation is                                                                
     an  important  cause for  the  failure  to achieve  the                                                                
     objectives, and that"                                                                                                  
                                                                                                                                
CO-CHAIR JOHNSON objected for discussion purposes.                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON explained  that  Amendment  3 returns  the                                                               
standard of  having to determine  that predation is  an important                                                               
cause of  the failure to  achieve the  objectives.  Instead  of a                                                               
general idea that  a predator should be eliminated,  it gets back                                                               
to a reasonable standard.                                                                                                       
                                                                                                                                
2:56:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON requested  a definition  of the  word important                                                               
and asked  whether using the  word important would open  the door                                                               
to legal  challenges because of  different interpretations  as to                                                               
what is important.                                                                                                              
                                                                                                                                
MR.  SAXBY  related  that  in  those areas  where  the  state  is                                                               
currently engaged in  predator control, it is being  argued as to                                                               
whether it is  an important enough cause  or it is a  cause.  Co-                                                               
Chair Johnson  is correct  in that the  more adjectives  the more                                                               
room for argument.                                                                                                              
                                                                                                                                
CO-CHAIR JOHNSON maintained his objection.                                                                                      
                                                                                                                                
A roll  call vote was  taken.  Representatives  Kawasaki, Seaton,                                                               
and Guttenberg  voted in favor  of Amendment 3.   Representatives                                                               
Fairclough,  Wilson,  Roses,  Edgmon, Gatto,  and  Johnson  voted                                                               
against it.  Therefore, Amendment 3  failed adoption by a vote of                                                               
3-6.                                                                                                                            
                                                                                                                                
2:58:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO moved  that the  committee adopt  Amendment 4  as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 5, line 9:                                                                                                            
          Delete "an employee"                                                                                                  
          Insert "a person"                                                                                                     
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  objected.   She asked what  the change                                                               
would  do  from  a  legal   perspective  in  terms  of  workmen's                                                               
compensation and  other issues that surround  employment versus a                                                               
person that is not employed by the department.                                                                                  
                                                                                                                                
MR. SAXBY specified:                                                                                                            
                                                                                                                                
     It will be a person  who is authorized under powers and                                                                    
     duties in  AS 16.05.050  to take wolves,  wolverine, or                                                                    
     brown  bears  other  than  just   an  employee  who  is                                                                    
     authorized  under  those   duties.  There  are  certain                                                                    
     instances where the [Alaska Department  of Fish & Game]                                                                    
     issues  permits  to   private  individuals  to  control                                                                    
     nuisance   animals  for   example.      In  fact,   the                                                                    
     legislature passed a bill on  that just within the last                                                                    
     two or three  years setting up that program.   So, [the                                                                    
     department]  would have  some  private individuals  who                                                                    
     would  be   authorized  under  that  statute   that  is                                                                    
     referenced  there [AS  16.05.050]  to go  out and  take                                                                    
     game and  they would be able  to do so on  the same-day                                                                    
     airborne,  they would  not have  to  necessarily be  an                                                                    
     employee of the department.                                                                                                
                                                                                                                                
3:00:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  understood  that  "a person"  would  include  an                                                               
employee of the department.                                                                                                     
                                                                                                                                
MR. SAXBY  replied yes, or  someone that the department  hires to                                                               
do its work for it.                                                                                                             
                                                                                                                                
MR. SAXBY,  in response to  Representative Kawasaki,  stated that                                                               
"a person" would include a  contracted individual.  "An employee"                                                               
would be a much narrower category.                                                                                              
                                                                                                                                
REPRESENTATIVE KAWASAKI understood that  a person deputized under                                                               
AS 16.05.050 would not be considered an employee.                                                                               
                                                                                                                                
MR. SAXBY stated correct.                                                                                                       
                                                                                                                                
3:01:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON said  the definition  of "a  person" in  Alaska                                                               
statute is everything but a  government entity.  He asked whether                                                               
it is needed to  identify this as an individual or  could it be a                                                               
corporation.  He  also inquired whether the  Alaska Department of                                                               
Fish & Game supports Amendment 4.                                                                                               
                                                                                                                                
MR. TAYLOR responded  there are different statutes  here that are                                                               
dealing with  different parts of  intensive management.   He said                                                               
AS  16.05.783 is  the statute  that  addresses same-day  airborne                                                               
hunting  and,  in  many  respects,  this  statute  parallels  the                                                               
federal airborne  hunting act.   Because  the bill  was carefully                                                               
drafted, he said he is  reluctant to support an amendment without                                                               
careful  review of  what  changing "an  employee"  to "a  person"                                                               
actually does.  He requested Mr. Saxby's opinion.                                                                               
                                                                                                                                
3:02:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  inquired whether  the term "an  employee or                                                               
an agent" would accomplish the same  objective.  "Does it have to                                                               
be authorized to do it," he asked.                                                                                              
                                                                                                                                
CO-CHAIR  GATTO said  he prefers  an appointment.   He  asked Mr.                                                               
Saxby  to address  the difference  between "an  employee" and  "a                                                               
person" because an employee would be included in a person.                                                                      
                                                                                                                                
MR.  SAXBY  stated  "a  person"   is  the  broader  term  of  the                                                               
categories  that have  been discussed.   "An  employee or  agent"                                                               
would  be  a subset  of  that  and  "an  employee" would  be  the                                                               
smallest  subset.    He  said  he  thinks  "a  person"  would  be                                                               
interpreted exactly  the same  way that  it is  interpreted under                                                               
Section  9(b)(1) on  page  5,  line 7.    A  hunting or  trapping                                                               
license is required  for taking game in Alaska  and a corporation                                                               
cannot obtain a hunting or  trapping license.  Therefore, he does                                                               
not think there  is a risk of  opening this up too  much by using                                                               
"a person"  in this  instance.  In  further response  to Co-Chair                                                               
Gatto,  Mr.  Saxby  agreed  that "a  person"  keeps  things  more                                                               
simple.   However, in his opinion,  it opens up the  exception in                                                               
Section 9(b)(2)  to a slightly  broader category of  people, many                                                               
of whom probably  should be authorized to take game  on the same-                                                               
day  airborne, and  this may  be something  that was  overlooked.                                                               
For example, there  are people who are not  ADF&G employees, such                                                               
as  public safety  officers,  who  are authorized  to  go out  to                                                               
remote villages  and take  nuisance animals  or to  shoot animals                                                               
for public safety reasons.                                                                                                      
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH noted she  is more comfortable with "an                                                               
agent"  than   "a  person"   because  of   the  breadth   of  the                                                               
implication.    However, to  be  conciliatory,  she withdrew  her                                                               
objection to Amendment 4.                                                                                                       
                                                                                                                                
There being no further objection, Amendment 4 was adopted.                                                                      
                                                                                                                                
3:05:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GUTTENBERG  moved   that  the   committee  adopt                                                               
Conceptual Amendment 5 as follows:                                                                                              
                                                                                                                                
       Delete the eliminated language on page 4, line 21,                                                                       
     through page 5, line 4, and reinsert the language.                                                                         
                                                                                                                                
CO-CHAIR GATTO objected.                                                                                                        
                                                                                                                                
CO-CHAIR JOHNSON objected.                                                                                                      
                                                                                                                                
REPRESENTATIVE GUTTENBERG  said he just  wanted it on  the record                                                               
that someone tried.  He withdrew his amendment.                                                                                 
                                                                                                                                
3:06:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON moved  to report  HB  256, as  amended, out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GUTTENBERG objected.                                                                                             
                                                                                                                                
REPRESENTATIVE   SEATON  related   that   he  submitted   several                                                               
questions to  the Alaska  Department of  Fish &  Game and  one of                                                               
those  questions dealt  with the  inclusion of  bears in  HB 256.                                                               
Currently bears are "not on the  exception" and the Board of Game                                                               
could  have a  same-day  airborne  hunt for  bears  outside of  a                                                               
predator  control program.   By  including  them in  HB 256,  the                                                               
Board  of Game  can only  have a  same-day hunt  for brown  bears                                                               
under a  predator control program.   Since brown bears are  a big                                                               
game  species  in  Alaska  and  the  basis  of  a  highly  valued                                                               
industry,  he said  he hopes  the board  will not  be looking  at                                                               
engaging in  a predator  control program  for brown  bears versus                                                               
loosening some of the tag limits.                                                                                               
                                                                                                                                
REPRESENTATIVE GUTTENBERG  said he objects  to HB 256  because it                                                               
is anything  but a  cleanup measure  - unless  the result  of not                                                               
requiring  scientific evaluation  is  a cleanup  measure.   Also,                                                               
ongoing legal issues  have been skirted and the  public has twice                                                               
spoken  loudly  about  predator   control.    Overturning  ballot                                                               
initiatives concerns  him, he said.   The bill takes  the ability                                                               
of groups to  stop the state from doing predator  control and the                                                               
validation for  that is that  HB 256 takes  the science out.   He                                                               
said he does  not think the courts will accept  the position that                                                               
science  is  not  required  for  justification  of  the  predator                                                               
control program.                                                                                                                
                                                                                                                                
3:10:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  stated that sometimes  the public votes  and does                                                               
not get its way, the capital move being an example.                                                                             
                                                                                                                                
REPRESENTATIVE GUTTENBERG maintained his objection.                                                                             
                                                                                                                                
A roll call vote was  taken.  Representatives Wilson, Fairclough,                                                               
Roses,  Seaton, Edgmon,  Kawasaki,  Johnson, and  Gatto voted  in                                                               
favor of  HB 256,  as amended.   Representative  Guttenberg voted                                                               
against it.   Therefore,  CSHB 256(RES) was  reported out  of the                                                               
House Resources Standing Committee by a vote of 8-1.                                                                            

Document Name Date/Time Subjects