Legislature(2013 - 2014)

02/24/2014 02:06 PM House RES


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          HB 161-AUCTIONS FOR BIG GAME HARVEST PERMITS                                                                      
                                                                                                                                
2:07:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER  announced that  the  first  order of  business                                                               
would be  HOUSE BILL  NO. 161.  "An Act  relating to  auctions or                                                               
raffles  for big  game harvest  permits and  to the  selection of                                                               
nonprofit organizations  to conduct auctions and  raffles for the                                                               
Department  of Fish  and  Game." [Before  the  committee was  the                                                               
proposed  committee  substitute  (CS)  for HB  161,  Version  28-                                                               
LS0530\Y, Bullard,  2/17/14, adopted  as the working  document on                                                               
2/19/14.]                                                                                                                       
                                                                                                                                
CO-CHAIR SADDLER  noted the committee previously  heard this bill                                                               
last year and again on February 19, 2014.                                                                                       
                                                                                                                                
2:08:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN GATTIS,  Alaska State Legislature, testifying                                                               
as prime  sponsor of HB 161,  said she would focus  her testimony                                                               
on concerns previously  raised on page 2, lines  17-21 of Version                                                               
Y.  The original version,  existing statutes, allowed funds to be                                                               
used  for anything  but lobbying  for political  purposes.   This                                                               
allowed the organization to use  funds for any purpose except for                                                               
political gain.  The new language [Section 3, page 3, lines 9-                                                                  
16] restricts  funds to organizations  that promote  education in                                                               
outdoor  traditions and  that conduct  conservation and  wildlife                                                               
protection  programs  and  allows  them to  conduct  auctions  or                                                               
raffles  approved by  the department.   This  language creates  a                                                               
limited scope  of what  the nonprofit can  do with  the proceeds.                                                               
She clarified  that the language  previously allowed  proceeds to                                                               
be  used  for  any  purpose  except  for  lobbying  or  political                                                               
purposes.    She  indicated that  lobbying  is  disallowed  under                                                               
Version  Y  since it  doesn't  fall  into  one of  the  allowable                                                               
expenditure categories.                                                                                                         
                                                                                                                                
REPRESENTATIVE GATTIS said  the expanded game list  adds one Dall                                                               
sheep.     She  reminded   members  that   substantial  testimony                                                               
suggested taking  this valuable  hunt away from  Alaskan hunters.                                                               
She pointed out  that of the 126 Dall sheep  permits to be issued                                                               
this year,  Alaska hunters foregoing  one animal for the  sake of                                                               
game management seems like an  appreciated sacrifice of the small                                                               
percentage  of  the  total  allowable take.    According  to  the                                                               
figures supplied by  Representative Tarr, only 46  percent of the                                                               
permits allotted  in the past 18  years were actually used.   She                                                               
would like to see this figure  increased and thinks a good way to                                                               
"drum  up"  interest by  sporting  groups  is to  increase  their                                                               
incentive to auction a permit.                                                                                                  
                                                                                                                                
2:10:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON noted 46 percent  of the tags allotted were                                                               
utilized.  He asked whether  the remaining tags were returned for                                                               
issuance or if those tags were unused.                                                                                          
                                                                                                                                
REPRESENTATIVE GATTIS  deferred to the Alaska  Department of Fish                                                               
& Game (ADF&G).                                                                                                                 
                                                                                                                                
DOUG   VINCENT-LANG,  Acting   Director,  Division   of  Wildlife                                                               
Conservation,  Alaska   Department  of   Fish  &   Game  (ADF&G),                                                               
understood the  question was  what happens to  tags that  are not                                                               
distributed to  this program.   He  answered that  typically they                                                               
are either  added back to the  draw permit pool or  are given out                                                               
"over the counter" as unallocated permits.                                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON  understood  the  bill  would  expand  the                                                               
number of permits  from 19 to 42  per year.  He  wanted to ensure                                                               
that  if  the  permits  were  used  timely  that  they  would  be                                                               
available for the drawing permit  program.  He asked whether that                                                               
would occur or if the permits  would be issued "over the counter"                                                               
circumventing the drawing.                                                                                                      
                                                                                                                                
MR. VINCENT-LANG  replied it would  be his intent to  issue these                                                               
permits according  to HB  161; however, if  the permits  were not                                                               
used, that the ADF&G would  issue them "over the counter" through                                                               
the department's  registration permit system.   He did  not think                                                               
animals would not be harvested  that otherwise would be available                                                               
for harvest.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  whether  the  department will  know                                                               
sufficiently ahead  of time whether  unallocated permits  will be                                                               
available  for  the   drawing  pool  or  if   the  process  would                                                               
circumvent the drawing pool.                                                                                                    
                                                                                                                                
MR.  VINCENT-LANG answered  that  the  department typically  will                                                               
make  decisions  in the  fall  prior  before  the drawings.    He                                                               
anticipated   that   if  the   permits   were   not  issued   [to                                                               
organizations] that  the permits would  be placed in  the drawing                                                               
permit.                                                                                                                         
                                                                                                                                
2:14:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked how many  people who apply  for the                                                               
drawing permits actually do not claim the permits.                                                                              
                                                                                                                                
MR. VINCENT-LANG responded he would  have to get that information                                                               
by species and  area of the state, but he  generally thought that                                                               
in  many instances  the permits  are not  used for  a variety  of                                                               
reasons, for  example, people  could get  sick, and  travel plans                                                               
can change.                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHNSON  said he did  not need the specifics.   He                                                               
asked what happens to those permits that are unused.                                                                            
                                                                                                                                
MR.  VINCENT-LANG said  that if  the department  has time,  those                                                               
permits are issued "over the  counter" through registration hunts                                                               
for harvestable surpluses.                                                                                                      
                                                                                                                                
REPRESENTATIVE  JOHNSON  understood  that the  permits  that  are                                                               
drawn   through  the   regular  process   will  not   be  treated                                                               
differently than  those that are  sold via the raffle  or auction                                                               
process.   He  clarified  he understood  that  these are  treated                                                               
similarly.                                                                                                                      
                                                                                                                                
MR. VINCENT-LANG answered that that is his understanding.                                                                       
                                                                                                                                
2:15:37 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE   understood  that  if  the   nonprofit  has  not                                                               
requested the  permit, that it would  be placed in the  pool with                                                               
the rest of the permits.   These permits would be applied for and                                                               
drawn.   However, in  terms of  a regular  draw permit,  he asked                                                               
whether the  department knows if it  is not claimed prior  to the                                                               
end of  the hunt or  if the department must  wait to learn  it is                                                               
unused.  Second, if a person  draws a permit and knows in advance                                                               
they will  not use it, if  the person can transfer  the permit to                                                               
someone else.                                                                                                                   
                                                                                                                                
MR. VINCENT-LANG  responded that if  ADF&G knows that  someone is                                                               
not going to use the permit,  there is a wait list the department                                                               
can use  to reissue the  permit.   Typically, the ADF&G  does not                                                               
know since reporting happens after  the season closes.  The ADF&G                                                               
anticipates the  success rate in  the hunts and  typically offers                                                               
more  permits   than  the  number   of  animals   the  department                                                               
anticipates being  taken.  At the  end of the year,  if the ADF&G                                                               
has surpluses,  with low production,  the department  would award                                                               
them "over  the counter" in the  area offices.  However,  he said                                                               
that is rare for high-profile species  such as Dall sheep, but is                                                               
used more for moose or other species.                                                                                           
                                                                                                                                
CO-CHAIR   FEIGE   requested   further   clarification   on   the                                                               
transferability of permits.                                                                                                     
                                                                                                                                
MR.  VINCENT-LANG  replied that  the  department  does not  allow                                                               
transferability of permits.                                                                                                     
                                                                                                                                
2:17:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR said  that her  concern has  been addressed,                                                               
that in  terms of the unused  permits she wanted to  know whether                                                               
Alaskans  have a  way to  access them.   She  related that  often                                                               
these areas  are pretty desirable  areas to hunt species  such as                                                               
moose.    She  didn't  want  Alaskan  residents  to  have  missed                                                               
opportunities  to hunt.   Thus,  she supports  the bill  and will                                                               
want  to track  this going  forward in  terms of  the numbers  of                                                               
permits for nonprofit organizations under the bill.                                                                             
                                                                                                                                
CO-CHAIR SADDLER  indicated the bill  would double the  number of                                                               
permits  available for  auction  and increase  the percentage  to                                                               
nongovernmental  agencies  (NGOs).    The  bill  doesn't  have  a                                                               
referral  to  the  finance  committee.    He  asked  for  further                                                               
clarification on whether the bill has a fiscal impact.                                                                          
                                                                                                                                
MR. VINCENT-LANG responded that it  would be hard to predict, but                                                               
he  does not  expect  a fiscal  impact.   He  suspected that  the                                                               
overall  value of  the permits  will increase  the return  to the                                                               
state.   In some respects, he  thought it will actually  be more,                                                               
since  the activities  the nonprofits  will conduct  will benefit                                                               
the department and conservation.                                                                                                
                                                                                                                                
2:19:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER referred  to page 2, Version Y,  to the specific                                                               
language being  deleted that has  restricted use of  the proceeds                                                               
from being  used for political  activities for candidates  or for                                                               
lobbying  the  legislature.   He  asked  whether  the  department                                                               
concurs that it is okay to delete this language.                                                                                
                                                                                                                                
MR. VINCENT-LANG answered that he  does not believe anyone in the                                                               
department would ever  approve a project that would be  used as a                                                               
contribution  to   a  candidate  for  political   office  or  any                                                               
organization supporting  or opposing  a ballot proposition  or to                                                               
pay for expenses associated with  lobbying the legislature or the                                                               
administration  given  the  language  used  to  replace  it  that                                                               
indicates  proceeds can  only  be used  to  support education  in                                                               
outdoor  traditions   projects  and  conservation   and  wildlife                                                               
protection programs.   He said he did not think  anyone would use                                                               
the proceeds for activities outlined in the deleted language.                                                                   
                                                                                                                                
2:20:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER said  it is  his intention  in voting  for this                                                               
bill to  not allow proceeds  to be  used for contribution  to any                                                               
political   office   or  to   support   or   oppose  any   ballot                                                               
propositions.                                                                                                                   
                                                                                                                                
2:21:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON moved  to report  the proposed  committee                                                               
substitute  (CS)  for HB  161,  Version  Y, labeled  28-LS0530\Y,                                                               
Bullard,    2/17/14,   out    of   committee    with   individual                                                               
recommendations and  the accompanying  fiscal note.   There being                                                               
no  objection, the  CSHB  161(RES) was  reported  from the  House                                                               
Resources Standing Committee.                                                                                                   

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