Legislature(2013 - 2014)BARNES 124

02/21/2014 01:00 PM House RESOURCES


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01:05:31 PM Start
01:05:48 PM HB202
02:18:31 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 202 BISON DRAWING PERMIT FEES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                HB 202-BISON DRAWING PERMIT FEES                                                                            
                                                                                                                                
1:05:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE announced  that  the only  order  of business  is                                                               
HOUSE BILL  NO. 202, "An  Act raising  the application fee  for a                                                               
drawing permit  for the  hunting of bison  to $20;  requiring the                                                               
game management plan for bison  in the Delta Junction Bison Range                                                               
Area  to include  mitigation of  bison damage  to farm  crops and                                                               
farm and  personal property; and authorizing  the commissioner of                                                               
natural resources  to make grants  to mitigate or  prevent damage                                                               
caused by bison."                                                                                                               
                                                                                                                                
1:06:00 PM                                                                                                                    
                                                                                                                                
MICHAEL PASCHALL, Staff, Representative  Eric Feige, Alaska State                                                               
Legislature,  introduced  HB  202  on  behalf  of  Representative                                                               
Feige,  the  sponsor  of  the  bill.   He  paraphrased  from  the                                                               
following written statement [original punctuation provided]:                                                                    
                                                                                                                                
     In 1928  a group of  hunters brought a small  number of                                                                    
     bison from the National Bison  Range in Montana to what                                                                    
     is now known as Delta  Junction Alaska and released the                                                                    
     animals  to   hopefully  one  day   provide  additional                                                                    
     hunting  opportunities in  the state.  This magnificent                                                                    
     animal is large, elusive, and  a prized hunting trophy,                                                                    
     as well as a source of excellent meat.                                                                                     
                                                                                                                                
     When  the animals  were brought  to  Alaska, there  was                                                                    
     most likely  little discussion  on the  negative impact                                                                    
     of interaction  between these animals and  humans.  Nor                                                                    
     was there  likely any discussion  on these  animals not                                                                    
     being  native to  Alaska and  thus an  invasive species                                                                    
     being introduced into the state.                                                                                           
                                                                                                                                
     As the animals adapted to  their new home, they quickly                                                                    
     looked  for   the  most  available  sources   of  food.                                                                    
     Unfortunately,  some  of  this   food  was  located  at                                                                    
     existing  settlements  in  the area  along  the  Tanana                                                                    
     River. Documented  history shows the  bison interacting                                                                    
     with  humans  shortly  after their  arrival  at  Rika's                                                                    
     roadhouse, consuming  food planted for  travelers using                                                                    
     the roadhouse.                                                                                                             
                                                                                                                                
     By the  1950s, the  herd had  grown to  several hundred                                                                    
     animals and  plans were  made to  realize the  dream of                                                                    
     hunting  bison in  Alaska. Since  the first  hunts, the                                                                    
     desire to  hunt bison  has resulted in  the development                                                                    
     of the most popular draw  permit for hunting in Alaska.                                                                    
     In 2013,  19,605 applications  were received  with less                                                                    
     than 100 permits issued.                                                                                                   
                                                                                                                                
     The  hunt is  not easy.  Most of  the hunt  takes place                                                                    
     during the winter  when it is cold, dark,  and windy in                                                                    
     Delta Junction.  Fish &  Game refers to  the hunt  as a                                                                    
     "challenging endeavor" and  requires those that receive                                                                    
     a  permit to  study a  package of  material and  pass a                                                                    
     test  before being  allowed to  hunt. The  success rate                                                                    
     for  the hunt  averages  around  80 percent,  depending                                                                    
     upon the specific hunt.                                                                                                    
                                                                                                                                
     Hunting  Delta Bison  is one  of the  premier hunts  in                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
     As mentioned previously, depredation  of crops has been                                                                    
     a problem  since shortly after the  bison were released                                                                    
     along the Delta River.                                                                                                     
                                                                                                                                
     Traditionally the  largest herds  were found  along the                                                                    
     Delta and  Tanana Rivers and  animals were  often found                                                                    
     in  Delta  Junction.  Stories abound  of  children  not                                                                    
     being able to  go to school because they  could not get                                                                    
     out of the house because bison were in their yard.                                                                         
                                                                                                                                
     Once the  herd discovered the presence  of grains being                                                                    
     grown east  of the community center,  the herd adjusted                                                                    
     its annual migratory route,  traveling further from the                                                                    
     Delta River  to the farm  area east of  Delta Junction.                                                                    
     On  page  17 of  the  "Delta  Bison Interim  Management                                                                    
     Plan," you can see that  the bison travel over military                                                                    
     land from  the spring  calving area  west of  the Delta                                                                    
     River to the Bison Range  and agricultural areas to the                                                                    
     east. Today bison  are rarely seen in  the more heavily                                                                    
     developed  areas   or  around  Rika's   Roadhouse.  Two                                                                    
     smaller animals were reported within  a couple of miles                                                                    
     of the city limits a few years ago.                                                                                        
                                                                                                                                
     Work  to  determine  the  damage  to  crops  and  other                                                                    
     property has  only been casually  reviewed in  the past                                                                    
     few  years. Up  to that  point, no  [known] surveys  of                                                                    
     damage  have been  done. Most  recent surveys  have put                                                                    
     the  damage  near   $100,000  annually.  Unfortunately,                                                                    
     damage isn't  spread equally  across all  producers and                                                                    
     can  have a  significant  negative impact  on a  single                                                                    
     producer. Also, loss of  opportunity income from higher                                                                    
     dollar  crops,   that  are  not  planted   due  to  the                                                                    
     potential  for  loss, is  not  included  in the  damage                                                                    
     estimates.                                                                                                                 
                                                                                                                                
     In  addition  to  the  problems  the  bison  cause  for                                                                    
     farmers and the  occasional vehicle/bison collisions is                                                                    
     the problems  the animals cause  for the  military. The                                                                    
     military  operates  under  strict rules  pertaining  to                                                                    
     interference  with  local   wildlife.  The  "Integrated                                                                    
     Natural Resources Management  Plan" places restrictions                                                                    
     on  interaction  between military  training  operations                                                                    
     and wildlife, including bison.                                                                                             
                                                                                                                                
     To  help address  both  the  problems with  interaction                                                                    
     between the military and bison  and between farmers and                                                                    
     bison, along with improving the  condition of the herd,                                                                    
     the state has  developed the Delta Bison  Range and the                                                                    
     military has  done work to improve  the conditions near                                                                    
     the calving areas.                                                                                                         
                                                                                                                                
     The military  contracted with the local  soil and water                                                                    
     district in 2012  to make improvements to  food for the                                                                    
     bison on  land along the  Delta River in an  attempt to                                                                    
     control  the  location and  movement  of  the bison  by                                                                    
     keeping  the  herd nearer  the  river  and on  inactive                                                                    
     ranges for  a longer period  of time, thus  keeping the                                                                    
     bison off agricultural land.                                                                                               
                                                                                                                                
     The bison range,  created and funded by  the state, has                                                                    
     cleared  fields  where  grains   and  other  crops  are                                                                    
     planted  in  an  attempt  to  provide  the  bison  with                                                                    
     sufficient food and to attempt  to keep the bison south                                                                    
     of the  Alaska Highway  until after harvest.  The bison                                                                    
     range also  has wells where  water is provided  for the                                                                    
     bison. The herd is  intensely managed, fed, and watered                                                                    
     by the  state for  the benefit  of hunters.  Similar to                                                                    
     how farmers manage other livestock.                                                                                        
                                                                                                                                
     During discussion on the management  plan for the bison                                                                    
     range, the  state's wildlife biologist  indicated there                                                                    
     is no  definitive evidence that the  natural habitat is                                                                    
     sufficient to  supply food and  water to the  herd and,                                                                    
     absent  the food  on the  bison range  and in  farmer's                                                                    
     fields, the herd may not  be sustainable at its current                                                                    
     size.                                                                                                                      
                                                                                                                                
     Questions   also   arose    surrounding   the   current                                                                    
     activities on  the bison range  as to whether  they are                                                                    
     having  the desired  effect of  keeping bison  south of                                                                    
     the highway until  later in the farming  season or does                                                                    
     the feed on the range move  up the arrival of the bison                                                                    
     in the  area. Also,  does the feed  on the  bison range                                                                    
     allow a herd  to exist that is larger  than could exist                                                                    
     naturally.                                                                                                                 
                                                                                                                                
     Reducing the  herd size was recommended  by the state's                                                                    
     biologist  to  determine  if  such  a  reduction  would                                                                    
     reduce   damage.  The   experimental   plan  that   was                                                                    
     introduced  was  not accepted  by  the  hunters on  the                                                                    
     working group.                                                                                                             
                                                                                                                                
     One [consensus]  that the working  group did  reach was                                                                    
     that fencing  was the option  that would have  the most                                                                    
     impact on  reducing the amount  of damage  that occurs.                                                                    
     Four major  options were  considered; fencing  the herd                                                                    
     in,  creating an  enclosure  to [temporarily]  restrain                                                                    
     the herd, placing some type  of barrier along the south                                                                    
     side of the highway to  restrain the herd, and finally,                                                                    
     fence  the  farms.  All  of  which  have  positive  and                                                                    
     negative aspects.                                                                                                          
                                                                                                                                
     Fence the herd                                                                                                           
                                                                                                                                
     Fencing the herd  is the most effective  way to control                                                                    
     the  herd. A  determination by  [Legislative Legal  and                                                                    
     Research  Services]   that  the  intent   language  for                                                                    
     creating  the  bison   range  prohibits  the  permanent                                                                    
     containment of  the herd, has  led to no  discussion on                                                                    
     this option. The intent  language contained a provision                                                                    
     that  one of  the purposes  of the  bison range  was to                                                                    
     promote a  free ranging herd, although  this and future                                                                    
     legislatures are not bound to that intent.                                                                                 
                                                                                                                                
     Temporary Fence                                                                                                          
                                                                                                                                
     A temporary fence might be  useful if the animals could                                                                    
     be  funneled  into  an area  and  then  enclosed  until                                                                    
     harvest  is complete.  Questions  exist  as to  whether                                                                    
     this type of enclosure will work.                                                                                          
                                                                                                                                
     Barrier Fence                                                                                                            
                                                                                                                                
     Creating a  barrier fence would result  in reducing the                                                                    
     movement of  existing wildlife and would  require gates                                                                    
     to  prevent  bison  from using  existing  roadways  and                                                                    
     driveways  to move  beyond the  barrier. It  would also                                                                    
     limit access  to recreational and hunting  areas in the                                                                    
     Granite Mountains.                                                                                                         
                                                                                                                                
     Fencing Farms                                                                                                            
                                                                                                                                
     Fencing farms  solves the immediate problem  of keeping                                                                    
     bison out of  fields while, at the  same time, proposes                                                                    
     to cause  the animals to  relocate in search  of winter                                                                    
     feed. Having  a fence installed on  individual farmer's                                                                    
     property, shifts the maintenance  burden to the farmer,                                                                    
     but  also  provides  a   better  mechanism  to  execute                                                                    
     maintenance.                                                                                                               
                                                                                                                                
     The idea  of having farmers  fence in their  own fields                                                                    
     was   mostly  supported   by  hunters.   Unfortunately,                                                                    
     fencing  crops is  not normally  part  of the  business                                                                    
     plan for  farming. Yes, farmers  often fence  fields to                                                                    
     keep animals  in and it  is a realized cost  of raising                                                                    
     livestock,  it   is  generally  not  viable   to  fence                                                                    
     wildlife out.                                                                                                              
                                                                                                                                
     As a  compromise by farmers to  facilitate a resolution                                                                    
     to  the   bison  crop  damage   problem,  HB   202  was                                                                    
     introduced  to help  facilitate  farmers fencing  their                                                                    
     fields.                                                                                                                    
                                                                                                                                
     HB 202 increases the application  fee for a Delta Bison                                                                    
     Draw Permit  from $10 to  $20. It also allows  funds to                                                                    
     be  expended to  mitigate crop  damage through  methods                                                                    
     determined  by the  Commissioner of  the Department  of                                                                    
     Natural  Resources.  Fencing is  specifically  allowed,                                                                    
     but other  avenues of mitigation  of damage  would also                                                                    
     be allowed.                                                                                                                
                                                                                                                                
     HB 202  also requires Fish  and Game to include  in its                                                                    
     game management  plan information for  "mitigation [of]                                                                    
     bison damage to farm crops and personal property."                                                                         
                                                                                                                                
     This  issue  is not  solely  a  local issue.  With  the                                                                    
     creation  of  the  Alaska   Food  Policy  Council,  the                                                                    
     passage of HJR1  last year by this  legislature and the                                                                    
     creation of the State  Food Resource Development Group,                                                                    
     and  the  emphasis  on increasing  food  production  in                                                                    
     Alaska,  this  is a  problem  that  impacts the  entire                                                                    
     state.                                                                                                                     
                                                                                                                                
     Although the  Bison Management Plan  is supposed  to be                                                                    
     updated every  five years,  the current  "Interim" plan                                                                    
     is the first plan since  2000 and, since the completion                                                                    
     of  the last  meeting  of the  working  group in  2011,                                                                    
     nothing  has been  done to  further address  the damage                                                                    
     problem.                                                                                                                   
                                                                                                                                
     Four  recommendations, shown  on  page 3  of the  plan,                                                                    
     were made:                                                                                                                 
                                                                                                                                
          1.  Reduce herd size.                                                                                                 
          2.  Continued evaluation of crop damage.                                                                              
          3.  Increase permit draw application fee to $20.                                                                      
          4.   Establish  a  state  cost-sharing program  to                                                                    
          assist  farms with  construction [of]  bison-proof                                                                    
          fences to  keep bison out of  private agricultural                                                                    
          land.                                                                                                                 
                                                                                                                                
     As  a general  summary, I  call your  attention to  the                                                                    
     Executive Summary of the 2012 plan:                                                                                        
                                                                                                                                
     "This updated  plan for management  of the  Delta bison                                                                    
     herd  is interim  pending resolution  of  the issue  of                                                                    
     fencing.  Although the  Delta  Bison  Working Group  (a                                                                    
     citizens'     stakeholder    group     that    provided                                                                    
     recommendations  on management  of Delta  bison to  the                                                                    
     Alaska  Department  of  Fish   and  Game)  agreed  that                                                                    
     fencing was the best solution  for keeping bison out of                                                                    
     agriculture fields,  and that agriculture  lands should                                                                    
     be  fenced  into  three large  compounds,  the  farming                                                                    
     community  and  others  indicated fencing  three  large                                                                    
     compounds  was  not  a  solution  they  could  support.                                                                    
     Furthermore, it did not appear  likely that the Working                                                                    
     Group would  be able in the  near future to agree  on a                                                                    
     specific  fencing solution  supported  by key  interest                                                                    
     groups. Also, the farming  community's preference is to                                                                    
     explore  management  alternatives  that  current  ADF&G                                                                    
     funding  cannot support,  or are  outside the  scope of                                                                    
     authority  for ADF&G.  However, the  interim plan  will                                                                    
     provide the  basis for carrying  out all  other aspects                                                                    
     of management  of the Delta  bison herd.  Therefore, to                                                                    
     avoid  impasse  in   implementing  management  actions,                                                                    
     [ADF&G]  decided to  suspend  efforts at  this time  to                                                                    
     resolve the  fencing debate through the  Working Group.                                                                    
     Instead, ADF&G  will continue to  work at  the regional                                                                    
     level and through Headquarters  to collaborate with the                                                                    
     Department  of  Natural  Resources to  explore  various                                                                    
     fencing  construction and  maintenance alternatives  as                                                                    
     well  as  other  means  to mitigate  or  prevent  bison                                                                    
     damage  to  agriculture   fields.  Leadership  in  both                                                                    
     departments will  seek agreement on  recommendations to                                                                    
     forward  to  the  Legislature, and  to  the  Governor's                                                                    
     office if  appropriate. If  the ultimate  resolution of                                                                    
     this   issue  includes   a  cost-share   agreement  for                                                                    
     fencing,  it may  be possible  to take  advantage of  a                                                                    
     joint  funding offer  from  the  Salcha-Delta Soil  and                                                                    
     Water  Conservation   District  of   $320,000.  Further                                                                    
     delay, however, in reaching a  resolution may result in                                                                    
     the expiration of this opportunity."                                                                                       
                                                                                                                                
     With no  action by the  department, it is now  time for                                                                    
     the legislature to  move forward on a  solution to this                                                                    
     long term problem.                                                                                                         
                                                                                                                                
1:19:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE asked about the size of a typical bison in the                                                                   
Delta bison herd.                                                                                                               
                                                                                                                                
MR. PASCHALL replied that a bison calf in the "couple hundred                                                                   
pound range" would grow to a ton.                                                                                               
                                                                                                                                
CO-CHAIR FEIGE asked how high this 2000 pound animal could jump.                                                                
                                                                                                                                
MR. PASCHALL replied that the enclosures for domestic bison were                                                                
usually 10 feet in height, and that bison could easily jump a 4                                                                 
foot fence.                                                                                                                     
                                                                                                                                
CO-CHAIR FEIGE asked how long this problem had existed in the                                                                   
Delta Junction region.                                                                                                          
                                                                                                                                
MR. PASCHALL  replied that  the problem  began shortly  after the                                                               
animals were released in 1940.                                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON asked about the current size of the herd.                                                                 
                                                                                                                                
MR.  PASCHALL replied  that  the herd  had  not been  effectively                                                               
reduced  to the  suggested 275-325  bison.   He  deferred to  the                                                               
Alaska Department of Fish & Game for exact numbers.                                                                             
                                                                                                                                
1:22:09 PM                                                                                                                    
                                                                                                                                
DOUG   VINCENT-LANG,  Acting   Director,  Division   of  Wildlife                                                               
Conservation, Alaska Department of  Fish & Game (ADF&G), reported                                                               
that the bison herd had not  been decreased in size, as there had                                                               
not been any  proposals submitted to the Board of  Game with this                                                               
request.   He relayed  that it  had been  discussed at  the board                                                               
meeting, however  no decision had  been made  as there was  not a                                                               
proposal.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  SEATON   inquired  whether  this   objective  was                                                               
dependent on the  number of permits issued by  the department, or                                                               
would it  need to  be a  separate proposal  through the  Board of                                                               
Game.                                                                                                                           
                                                                                                                                
MR.  VINCENT-LANG replied  that ADF&G  would work  to reduce  the                                                               
herd  size through  the permit  process, although  it would  seek                                                               
guidance to the process through the Alaska Board of Game.                                                                       
                                                                                                                                
REPRESENTATIVE SEATON  asked for clarification whether  the issue                                                               
was in  front of  the board,  and whether the  board had  not yet                                                               
decided or had chosen not to reduce the herd size.                                                                              
                                                                                                                                
MR.  VINCENT-LANG,   in  response,   explained  that   ADF&G  had                                                               
presented an interim  management plan with a  variety of options,                                                               
although  there was  not a  proposal to  the board  to discuss  a                                                               
reduction to the herd size.                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  asked whether  ADF&G had  a recommendation                                                               
on herd size.                                                                                                                   
                                                                                                                                
MR.  VINCENT-LANG  replied   that  the  the  herd   size  was  an                                                               
allocative  decision, and  that  ADF&G  was neutral  on  it.   He                                                               
shared  that there  had been  a lot  of community  discussion for                                                               
whether a  reduction in  herd size would  lead to  a proportional                                                               
reduction in field damage, as  the herd reduction may not include                                                               
those bison feeding in the fields.                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON  inquired whether ADF&G had  the ability to                                                               
specify locations for the bison permits.                                                                                        
                                                                                                                                
MR. VINCENT-LANG  reported that the  hunt was in the  winter time                                                               
and was  dictated by private  property interests, as many  of the                                                               
bison were killed  on private land.  He pointed  out that hunting                                                               
on private property was determined by each land owner.                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON pointed  out that  the winter  hunt was  a                                                               
different  hunting season  than for  most other  animals, and  he                                                               
asked for the reason of the winter hunt.                                                                                        
                                                                                                                                
MR. VINCENT-LANG replied that he  would get back to the committee                                                               
with an answer.                                                                                                                 
                                                                                                                                
1:26:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FEIGE asked when the  damage occurred and what the                                                               
nature of the damage was.                                                                                                       
                                                                                                                                
MR. PASCHALL explained  that most of the damage  occurred late in                                                               
the growing season,  during September.  He relayed  that the herd                                                               
moved to  military land, much of  which was not open  to hunting,                                                               
for  calving, and  then back  to the  bison range  in mid-summer.                                                               
This  was too  early  to hunt  accompanied  cows, although  there                                                               
could be  a bull hunt.   He pointed  out that the  most available                                                               
land was  the private farm  land, where  the bison moved  in late                                                               
summer.  He  noted that there had also been  property damage from                                                               
hunters,  which discouraged  land owners  from allowing  hunting.                                                               
He reported that some small portions  of the herd would break off                                                               
and remain in the farming area all year.                                                                                        
                                                                                                                                
1:28:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  calculated that there would  be a $150,000                                                               
revenue increase to  the state by increasing the permit  fee.  He                                                               
asked for clarification to the use of the money.                                                                                
                                                                                                                                
MR. PASCHALL replied that the  intention of the proposed bill was                                                               
to develop  a long  term solution  to the  problem.   He directed                                                               
attention to  the Alaska  Department of Fish  & Game  fiscal note                                                               
[Included in  members' packets] which explained  the calculations                                                               
and the  estimates based on past  history for fee increases.   He                                                               
stated  that any  distribution of  grant money  would need  to be                                                               
made  through an  appropriation  bill and  submitted through  the                                                               
budget process.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON directed  attention  to page  3, line  10,                                                               
Subsection 11 of the proposed  bill, and asked for the connection                                                               
to the soil and water  conservation district, as this appeared to                                                               
designate funds  to owners of  damaged property.  He  asked about                                                               
the extent of the grants, and if  it would have any impact on the                                                               
amount of damage.                                                                                                               
                                                                                                                                
MR.  PASCHALL,  in response,  explained  that  the proposed  bill                                                               
tried to  provide language  broad enough  for options  to address                                                               
the concerns expressed  in the ADF&G management plan.   He shared                                                               
that it  was envisioned  for Department  of Natural  Resources to                                                               
assist the soil and water  district's existing funding program to                                                               
install fences around farms.                                                                                                    
                                                                                                                                
1:32:26 PM                                                                                                                    
                                                                                                                                
EDMUND FOGELS,  Deputy Commissioner, Office of  the Commissioner,                                                               
Department of Natural  Resources (DNR), shared that  DNR had been                                                               
involved   with  this   issue  since   the  1970s,   were  active                                                               
participants in  the Delta  Bison working  group, and  had helped                                                               
create  the  current  management  plan.   He  declared  that  the                                                               
department was  fully supportive of  the management plan  and its                                                               
recommendations, which  were the basis  for proposed HB 202.   He                                                               
pointed out  that DNR  had reviewed  many mitigation  options and                                                               
crop damage  assessments.   He expressed  agreement that,  as the                                                               
bison were  "a significant stressor to  the agricultural industry                                                               
in  Delta Junction,"  this affected  crop decisions.   He  opined                                                               
that, should  proposed HB 202 pass,  it was the intent  of DNR to                                                               
pass the money  through to an organization that  could handle the                                                               
program  in  Delta  Junction.     He  stated  that  DNR  did  not                                                               
anticipate having  a grant program,  as the Delta Soil  and Water                                                               
Conservation District had an existing program.                                                                                  
                                                                                                                                
1:34:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON directed  attention  to page  3, line  11,                                                               
describing  the  parameters of  the  program,  and expressed  his                                                               
concern  that this  would  create a  situation  where that  money                                                               
would not go through the intended mechanism.                                                                                    
                                                                                                                                
MR. FOGELS replied  that it was not DNR's intention  to create an                                                               
individual grant  program within  the department, but  instead to                                                               
work  with an  existing  organization that  would administer  the                                                               
money.                                                                                                                          
                                                                                                                                
REPRESENTATIVE SEATON  asked if  the anticipated amount  of grant                                                               
funds would only come from the application fees.                                                                                
                                                                                                                                
MR.  FOGELS  replied  that  the  intent was  to  only  use  funds                                                               
appropriated  through  the increase  of  fees.   He  offered  his                                                               
belief that there could be supplemental funding in the future.                                                                  
                                                                                                                                
1:37:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR, offering her belief  that the bison herd did                                                               
not use  the land  designated as  a bison  range, asked  if there                                                               
were other options for designating that land.                                                                                   
                                                                                                                                
MR. FOGELS deferred to Mr.  Vincent-Lang, although he opined that                                                               
the herd did "spend  a fair bit of time in the  range.  It's just                                                               
in the  summer they migrate over  and then they'll winter  in the                                                               
range."                                                                                                                         
                                                                                                                                
MR. VINCENT-LANG  declared that ADF&G  did not want to  lose that                                                               
designation  for the  Delta Bison  range,  as it  was a  critical                                                               
element for  moving forward  with this program.   He  opined that                                                               
loss  of  the  designation  would  lose  management  options  for                                                               
addressing  the  concerns  addressed in  the  interim  management                                                               
plan.                                                                                                                           
                                                                                                                                
REPRESENTATIVE TARR asked  if there was an  opportunity to extend                                                               
the range into the areas with the problems.                                                                                     
                                                                                                                                
MR.  VINCENT-LANG expressed  his  agreement  that land  ownership                                                               
definitely boxed in the range.   He emphasized that ADF&G did not                                                               
support loss of  designation, as this was an  important piece for                                                               
long term solutions.                                                                                                            
                                                                                                                                
1:40:16 PM                                                                                                                    
                                                                                                                                
MR.  PASCHALL  drew attention  to  the  report in  the  committee                                                               
packet  entitled   "2009  Delta  Bison  Crop   Damage  Assessment                                                               
Report," pages  9 and  10 [included  in members'  packets], which                                                               
depicted the damage by the physical  presence from the bison.  He                                                               
said that the farmers were not  opposed to the bison, only to the                                                               
damage  caused.   They would  like  to have  management for  that                                                               
damage.   He reported that the  portion of the bison  range south                                                               
of the highway  was federal land; whereas, the land  north of the                                                               
highway was  mostly private land.   He said the land  was bounded                                                               
on the  east by the river,  with two cultivated fields  also used                                                               
by the herd.                                                                                                                    
                                                                                                                                
1:43:13 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE opened invited testimony.                                                                                        
                                                                                                                                
1:43:55 PM                                                                                                                    
                                                                                                                                
BRYCE  WRIGLEY, President,  Alaska Farm  Bureau, Delta  Junction,                                                               
Alaska, offered  some background to  the early visions  for bison                                                               
fields, noting that the Legislature  had appropriated money for a                                                               
drift fence, which had been vetoed  by the governor.  He reported                                                               
that  the money  for  the bison  field had  been  kept in  place,                                                               
however.    He  said  that  the  past  focus  had  been  for  re-                                                               
authorization of  the drift fence  to keep  the bison out  of the                                                               
crops.   After three years  of working with Alaska  Department of                                                               
Fish & Game  and having no success for achievement  of this goal,                                                               
the group then  worked with the local soil and  water district on                                                               
a  cost  share program  to  assist  the  land owners  with  bison                                                               
problems by fencing  the land.  He shared that  the proposed bill                                                               
would raise  the cost of  permits for bison, while  authorizing a                                                               
portion  of  the  proceeds  to  mitigate  bison  damage.    These                                                               
proceeds  could supplement  the cost  share program  for fencing.                                                               
He stated  that farmers did not  believe it was their  fault that                                                               
the bison were destroying the  crops, and the reluctance from the                                                               
hunting community  to reach a  solution had not contributed  to a                                                               
good relationship.                                                                                                              
                                                                                                                                
CO-CHAIR FEIGE asked where the drift fence would be located.                                                                    
                                                                                                                                
MR. WRIGLEY  said that  he did  not believe  a location  had ever                                                               
been  determined in  the  initial proposal.    However, when  the                                                               
Alaska Farm Bureau addressed the  problem a few years prior, they                                                               
had proposed  to put it 1/4  mile south of the  Alaska Highway as                                                               
this was  state land  and did  not impact any  private land.   He                                                               
acknowledged  that  there  were  some roads  that  would  require                                                               
access.  He relayed  that a drift fence on the  north side of the                                                               
highway  would allow  the bison  to  mill around  it, creating  a                                                               
traffic  hazard.   He explained  that the  original proposal  had                                                               
been to  run it  to the  river, and then  proceed south  into the                                                               
range  and on  to Delta.    It had  been estimated  to cost  $1.2                                                               
million to put  in the fence.   He noted that the  soil and water                                                               
conservation district  had already  spent about $100,000  on cost                                                               
share, with proposed applications for an additional $220,000.                                                                   
                                                                                                                                
1:49:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  asked for clarification that  these were matching                                                               
grants to farmers for fencing from the cost-share program.                                                                      
                                                                                                                                
MR.  WRIGLEY expressed  agreement,  noting that  there  was a  50                                                               
percent match up to a limit.                                                                                                    
                                                                                                                                
1:49:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked how much fencing  would be required,                                                               
and  at what  cost,  in order  to estimate  the  amount of  money                                                               
necessary through the cost - share program.                                                                                     
                                                                                                                                
MR.  WRIGLEY asked  if this  was  in reference  to the  increased                                                               
funding from the permit receipts.                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON  expressed his  agreement, and  offered his                                                               
belief that  the program was  offering fencing around  the farms,                                                               
not  the aforementioned  drift fence.    He pointed  out that  he                                                               
wanted an estimate for the amount of fencing and its cost.                                                                      
                                                                                                                                
MR. WRIGLEY replied  that some of the  scenarios were complicated                                                               
by requirements from other state  agencies.  He offered anecdotal                                                               
explanations.   He estimated the fencing  cost to be $3  per foot                                                               
noting  that  the program  only  allowed  for  the fencing  of  a                                                               
perimeter, about $100,000 in cost  - share for fencing around one                                                               
of the larger farms.                                                                                                            
                                                                                                                                
1:52:38 PM                                                                                                                    
                                                                                                                                
LYALL  BRASIER,  Vice  President,   Delta  Chapter,  Alaska  Farm                                                               
Bureau,  stated  that  the Alaska  Farm  Bureau's  Delta  Chapter                                                               
supported the proposed bill.                                                                                                    
                                                                                                                                
1:53:56 PM                                                                                                                    
                                                                                                                                
STEPHEN SORENSEN  stated that he  was in support of  the proposed                                                               
bill  and   the  proposed   solution  by   the  soil   and  water                                                               
conservation  district.   He reported  that  he was  a farmer,  a                                                               
rancher, a hunter, and a conservationist.   He shared that it was                                                               
important  to satisfy  all the  parties  in order  to maintain  a                                                               
healthy bison  herd and to  find an effective management  tool to                                                               
prevent bison  damage to the crops.   He said that  bison were on                                                               
his property  from mid-August through  early April.   He reported                                                               
that bison  ate grass  and oat crops  primarily, wallowed  in the                                                               
hay  fields,  damaged the  ground,  destroyed  cattle fence,  and                                                               
brought  in weed  seeds.   He relayed  that there  was a  growing                                                               
confrontation between  the hunters and the  farmers, both feeling                                                               
they  had the  priority rights.    He offered  some anecdotes  of                                                               
hunter actions that had cost the farmers.                                                                                       
                                                                                                                                
1:57:39 PM                                                                                                                    
                                                                                                                                
MR. SORENSEN  surmised that there  were two parts to  this issue:                                                               
create a good bison range with  feed for the animals, and prevent                                                               
the bison from getting onto the  farmland.  He offered his belief                                                               
that the proposed  bill addressed both of  these issues, although                                                               
he  expressed his  concern that  the increased  fee would  not be                                                               
enough to  cover the initial  costs for sufficient  quantities of                                                               
fencing.   He reported  that the  aforementioned fencing  was not                                                               
robust, and  was merely  a stop  gap measure  to get  the program                                                               
started and  not a long term  solution.  He pointed  out that the                                                               
upkeep on  a fragile fence was  very high.  He  stated that there                                                               
was a requirement to put up a  game fence, an 8 foot, welded wire                                                               
fabric  fence,  in  order  to  raise bison  and  elk  in  Alaska;                                                               
therefore, the same fencing should  be required to keep bison out                                                               
of an  area.  Although  he supported  the bill, he  expressed his                                                               
concern  that  there  was  not  enough  revenue  to  support  the                                                               
solution for  a more  robust fence to  keep down  the maintenance                                                               
costs.  Directing  attention to page 2, line 3,  he recommended a                                                               
change from  "mitigating" to  "preventing" as  the intent  was to                                                               
keep bison  off farm  land.   Moving on  to page  3, line  13, he                                                               
again  suggested changing  the  wording to  "prevent" instead  of                                                               
"mitigate."   On  line 14,  he  suggested adding  "wild game"  in                                                               
front of  "fencing costs" which  would meet the  fencing standard                                                               
already established  by the state  to prevent damage from  a game                                                               
animal and not a livestock animal.                                                                                              
                                                                                                                                
2:03:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE acknowledged the  agreement with Mr. Sorensen from                                                               
the committee members.                                                                                                          
                                                                                                                                
MR. SORENSEN offered his strong support for HB 202.                                                                             
                                                                                                                                
2:04:29 PM                                                                                                                    
                                                                                                                                
DONALD QUARBERG  reported that  he had been  a resident  of Delta                                                               
Junction  for   38  years,  during   the  time  when   the  first                                                               
legislation   for  bison   range  and   drift  fences   had  been                                                               
introduced.   He opined that the  drift fence was a  "carrot" for                                                               
the  governor to  veto, then  allowing the  proposed bill  "to be                                                               
pared back somewhat and also be  passed."  He relayed that he had                                                               
participated  on   the  Delta  bison  working   group  since  its                                                               
formation in 1992, and he had  worked as an agriculture agent for                                                               
the  University  of Alaska  agriculture  extension  service.   He                                                               
reported that  he had also worked  on the fish and  game advisory                                                               
committee for the  past 25 years.  He noted  his confusion for HB
202,  as the  district newsletter  from Representative  Feige had                                                               
stated that the increase to the  fee for the bison drawing permit                                                               
would  be used  for  management  of the  Delta  Bison  herd.   He                                                               
offered his belief that the  fee had originally been increased in                                                               
the 1980s  to provide operating  money for the planting  of crops                                                               
on the bison range.  He  reflected that mitigation had never been                                                               
discussed  by  the bison  working  group,  and  yet, now  it  was                                                               
proposed for introduction into the  bison management plan without                                                               
an  understanding for  the meaning  of mitigation.   He  asked if                                                               
mitigation was  intended to be  a financial remuneration  for the                                                               
landowners.    He  reported  that,   in  the  1970s,  the  Alaska                                                               
Department  of Fish  & Game  had never  promised the  agriculture                                                               
promoters anything, other than that  there would be bison damage.                                                               
He reported on a  test clearing of 5 acres in  1976 at Mile 1408,                                                               
which  quickly showed  bison tracks.   He  said that  bison would                                                               
show up  wherever crops were  planted.  He stated  that, although                                                               
bison were  a problem, this  was not  a surprise problem,  as the                                                               
bison had been in the area for  50 years before the land was even                                                               
sold.  He  claimed that the pro-agriculture  promoters had failed                                                               
to heed  the advice of  the Alaska Department  of Fish &  Game or                                                               
the  Division of  Agriculture.   He stated  that the  agriculture                                                               
development  was supported  by  the Salcha-Delta  Soil and  Water                                                               
Conservation District as  the area could raise  barley, which had                                                               
been commanding  a high price on  the world market at  that time.                                                               
He  offered his  belief that  mitigation should  come from  those                                                               
supportive agencies, and  not from the Alaska  Department of Fish                                                               
& Game.                                                                                                                         
                                                                                                                                
2:09:12 PM                                                                                                                    
                                                                                                                                
MR. QUARBERG  expressed his  concern for  another issue  with the                                                               
proposed  bill, wildlife  damage to  the crops.   He  stated that                                                               
bison took the  majority of abuse for  crop destruction, although                                                               
the moose  herd had  a similar  effect on crops.   He  noted that                                                               
moose like  to eat  oats, as  did the grizzly  bears.   He opined                                                               
that HB 202 opened a Pandora's  Box because it only addressed one                                                               
game  species, bison,  and one  land user.   He  reflected on  an                                                               
earlier  visit by  the President  of the  Alaska State  Senate to                                                               
Delta   Junction  to   discuss  bison   damage,  at   which  time                                                               
legislative support had  been offered toward a  proposed bill for                                                               
all wildlife  damage for  all land  users.   He declared  that he                                                               
still  accepted  this  position.   He  opined  that  a  prominent                                                               
discussion point should  be for the denial  of warranty regarding                                                               
conditions which  were inserted  into land purchase  contracts in                                                               
1982 from the Division of Agriculture.  He read:                                                                                
                                                                                                                                
     The seller has advised  the purchaser of bison movement                                                                    
     which  may occur  in the  Delta 2  East disposal.   The                                                                    
     seller  assumes  no   liability  whatsoever  for  bison                                                                    
     related  crop  losses  or for  any  other  personal  or                                                                    
     property damage  resulting from wildlife  on or  to the                                                                    
     parcel.    The  purchaser  and  his  heirs  in  assigns                                                                    
     further agree  never to sue the  state for compensation                                                                    
     related  to such  damages and  will indemnify  and hold                                                                    
     the state harmless against similar claims by others.                                                                       
                                                                                                                                
MR. QUARBERG offered his belief that  this had been a part of all                                                               
the successive  land contracts.   He mused that he  had suggested                                                               
peripheral  fences around  large blocks  of land,  as opposed  to                                                               
fencing  the boundaries  of all  the small  tracts of  land.   He                                                               
offered his belief that there  was concern for the responsibility                                                               
to maintenance  of each  portion of  the fence.   He  pointed out                                                               
that the  section lines in  Delta had been vacated,  and replaced                                                               
with  boundary  easements  between   each  farm,  which  required                                                               
fencing on  either side of  the easement.   He reflected  that he                                                               
had not heard  any support from hunters for using  the permit fee                                                               
on  a  grant  program  for  fencing.   He  suggested  moving  the                                                               
mitigation and  grant program  into a  separate bill,  and simply                                                               
pass the  proposed bill for  the increase  in fees for  the bison                                                               
permit.                                                                                                                         
                                                                                                                                
2:14:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE opened public testimony.                                                                                         
                                                                                                                                
2:14:59 PM                                                                                                                    
                                                                                                                                
MIKE SCHULTZ said  that he was a farmer producing  grain and seed                                                               
who  had been  affected by  the  bison.   He shared  that he  had                                                               
purchased  his farm  from the  state in  1982 and  that, although                                                               
there had been  a disclaimer about the bison, the  herd was about                                                               
250 head at  that time and had nearly doubled  since then, with a                                                               
significant increase to  the amount of damage.   He reported that                                                               
he had  been building  fence on  his farm  for three  years, with                                                               
most of  the payment  out of  his own pocket.   He  expressed his                                                               
desire  to  participate  in  the   soil  and  water  conservation                                                               
district  program  to cost  share  the  fence construction.    He                                                               
declared his support  for the intent and wording  of the proposed                                                               
bill, as  it provided a  way for the  state to contribute  to the                                                               
program.                                                                                                                        
                                                                                                                                
2:18:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE held over HB 202.                                                                                                
                                                                                                                                
[Public testimony remained open.]                                                                                               

Document Name Date/Time Subjects
HB 202 ADF&G Bison Range Webpage Information.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB 202 ADF&G Crop Damage Survey 2009.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB 202 Bison Depredation on Grain Fields.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB 202 Delta Bison Management Plan 2012.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB 202 Delta Bison Range Map.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB 202 News Miner Article 2009.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB 202 SDSWCD Newsletter.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB 202 Sponsor Statement.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB 202 Version C.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB202-DFG-WCD-02-21-14.pdf HRES 2/21/2014 1:00:00 PM
HB 202
HB202-DNR-AGR-2-15-14.pdf HRES 2/21/2014 1:00:00 PM
HB 202