Legislature(1995 - 1996)
04/26/1995 09:35 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 77 An Act relating to intensive management of identified big game prey populations. Co-chairman Halford directed that SB 77 be brought on for discussion. Senator Sharp, sponsor of the legislation, said that the bill contains cleanup provisions for last year's SB 77. New legislation was introduced because several factions are having difficulty understanding the mandate of the previous legislation. He then commenced the following sectional review: Sec. 1. Contains findings already set forth in statute. Sec. 2. Adds item (4) at page 2, and states that the Commissioner shall cooperate with and assist the board of fisheries and the board of game by implementing regulations requested by either board. This provision was added because of recent court decisions ruling that the Commissioner cannot void quotas set by the board. It thus places in statute the recent court ruling. Sec. 3. Removes old language mandating that state fish and game divisions cooperate with and assist the federal government in enforcement of federal fish and wildlife laws and regulations. At this point in time, that mandate is onerous. New language mandates that the department cooperate with the state board of fisheries and board of game. Sec. 4. Deletes the Commissioner's option of establishing a division of game within the Dept. of Fish and Game. Sec. 5. States that the division shall be the division of game and sets forth the duties. This returns to the status quo prior to six or seven years ago when nomenclature for the division was changed to the division of wildlife conservation. Sec. 6. Clarifies language adopted by the Eighteenth Legislature. Department personnel are having difficulty understanding what the statute says. It addresses the point at which depletion is calculated and establishes the benchmark as "historic high levels." Anything below that represents depletion. Sec. 7. Clarifies that intensive management does not include management of people. The department appears to have a difficult time with that concept. Intensive management refers to management of game. Sec. 8. Adds paragraphs relating to harvestable surplus and defines the meaning. Senator Sharp noted difficulties at recent board meetings in matching individual personal philosophies with what the statutes say. Subsection (4) defines the term "high level of human harvest" to a quantifying element (1/3 or more) that is easily understandable. Sec. 9. Adds a new section which strengthens legislative intent in statutes by establish a quantitative target to better focus management goals at the 50/50 level. That is the high level. Nothing mandates that it be achieved. It says that once parameters "get down to a third of the harvestable surplus taken by human harvest, they should consider implementing intensive management, if it appears feasible and achievable by scientific studies, and try to work up toward the 50/50 replacement." The allocation at this time is 87/3. That is out of balance "between four legged critters and two legged critters." That has resulted from years of passive management and no intensive management to control the element currently taking the 87%. At the December meeting, the assistant attorney general had no problem understanding and articulating what previous SB 77 meant. The issue is still not understandable to department personnel. Personnel should move forward to aggressively manage game as outlined by the attorney general's recommendation. Senator Sharp stressed that the resource belongs to the people of Alaska. It is a valuable resource if managed correctly. An abundance creates greater accessibility and availability to utilize the resource. Senator Randy Phillips referenced the last two sentences of the legislation. They indicate that in instances of disagreement between the commissioner and the board, the decision of the governor is final. He then commented that since the commissioner is appointed by the governor, the two are likely to be of the same opinion. Co-chairman Halford advised that the governor is ultimately in control. Language in the bill places the authority and responsibility "clearly where it really is . . . ." Senator Phillips voiced his belief that the final decision should rest with the board of game since that entity is charged with responsibility for managing the resource. Decisions concerning the resource should be based on data rather than politics. Senator Rieger referenced the chart indicating current harvest levels of 87/3, in terms of predator and human takings. Language within the bill speaks to one-third harvest by humans--a ten fold increase in human harvest of game. He then asked if that number should realistically be set in statute. Senator Sharp referenced escape hatches set forth in Sec. 6 and noted, specific, avoidance in all areas North of the Yukon River. Senator Rieger questioned whether, because of the radical change, the board would rely on escape provisions, and management would not achieve the goals of the legislation. He suggested a more moderate enhancement of human harvest might be more easily triggered. Senator Sharp advised that on the vast majority of state land where the law will be applicable, where one-third or less harvest of the harvestable surplus is taken by humans, the department must evaluate the situation. Further discussion of effective management of certain areas followed. Senator Zharoff asked if the department had developed regulations and implemented last year's legislation. Senator Sharp indicated that the board commenced a familiarization review last November and December. Extensive further discussion was had at the March meeting, and implementation of intensive management was designated for two areas where residents have been concerned about low population levels. Discussion of the term "harvestable surplus" followed between Senator Zharoff and Senator Sharp. Senator Zharoff questioned the advisability of managing via legislation, indicating that it removes much flexibility for making mid-season adjustments, etc. He suggested that ability to correct problems as the season progresses is much better under the current system. Ability to pull the board together to make emergency decisions, if necessary, will be difficult to attain. Senator Sharp attested to difficulties associated with attempts to implement predator control programs. He further suggested that Senator Zharoff was viewing wildlife management from the viewpoint of commercial fishing which has been "very successful in managing for abundance." Management of game has been dismal. It is time for the state to either save its money and let nature take her course or commence game management for abundance. Senator Zharoff advised that every time the department develops a predator control program, the methods are not acceptable, and the program draws both in-state and national opposition. Senator Rieger directed attention to page 2, line 30, and MOVED to change "has occurred" to "exists." He noted that "has occurred" references something that may have occurred in the past but may no longer exist. "Exists" indicates that that is the situation at the time the board is considering depletion from historic levels. The sponsor said he had no problem with the change. No objection having been raised, the AMENDMENT was ADOPTED. GERON BRUCE, Legislative Liaison, Alaska Dept. of Fish and Game, came before committee. He attested to need for in- season flexibility compared to a pre-season goal. The department is concerned by definitions which place specific numerical goals in statute. That reduces department ability to respond to variations. Referencing prior comparison of commercial fishery management with that of game, Mr. Bruce stressed that the success of fishery management has hinged on flexibility to make in-season adjustments based on observations of abundance and other factors as they occur. That contrasts with the federal system which set pre-season goals and locked managers into those goals regardless of what was actually observed in season. The more flexible route has been the approach taken since statehood in management of all state fisheries. That has produced tremendous success. Speaking to allocations, Mr. Bruce reminded members that even in times of great fishery abundance, there are "raging fisheries allocation conflicts." That highlights the fact that the state cannot achieve a level of production in fish and wildlife that will eliminate or reduce allocation conflicts. There will be disputes among individuals about what is the highest and best use of resources. Co-chairman Halford pointed out that there is no commercial harvest of game. That is a major component. As use of game became an issue across the nation, market hunting was the first thing to go. There is thus a significant difference between fish and game resources. Conflicts will continue to exist. Senator Rieger voiced his understanding that under amended language within the bill a reduction in stock of a certain game triggers intensive management. Once historic high levels are again achieved, the state can lift itself out of intensive management. It does not have to go all the way to the one-third human harvest level. The numerical quota may never be fully achieved. Mr. Bruce voiced department concern that figures for historic high yields reflect numbers from a time during which the department does not have the same level of confidence as it does for current numbers. Those levels were achieved after extensive predator control involving the use of poison. It may be difficult to re-create that effort. Mr. Bruce advised of department support for predator control and attempts to conduct predator control where prey populations were in "the predator pit." Those efforts met with "tremendous opposition" and were subsequently discontinued. The department remains committed to predator control and recognizes that it is one of the valid tools for use in wildlife management. During recent meetings, the board of game identified 35,000 square miles in the interior in which predator control would be appropriate. These are areas of major human harvest along the roadside where major problems exist. Mr. Bruce stressed that members keep in mind the state's population growth and how it has impacted hunting opportunities, particularly along the road system. Co-chairman Halford noted that the most effective form of wolf control is pack elimination. That involves helicopters and biologists and elimination of the entire pack so there are no remaining reproducing pairs. That approach is totally unacceptable to both the environmental community and "all of our friends with Super Cubs who want to go out and wolf hunt." They cannot stand the thought of state employees participating in predator control "when they can't do it." The department is thus stuck with alternatives that do not work very well. Senator Sharp concurred that predator control is not effective when the size of the pack is reduced rather than eliminated. The pack is generally back to full or greater strength within three years or fragmentation has occurred and several packs have formed. Senator Sharp referenced earlier comparison of management of the commercial fishery to that of game. He suggested that it is much easier to keep people happy when management has produced an abundance rather than when there is nothing to allocate. Co-chairman Halford noted that the reverse is true for other states that are overpopulated but where game is managed for maximum production. He said that the state of Pennsylvania provides more pounds of big game for human harvest than Alaska. Senator Sharp spoke to need to zero the fiscal note for the bill, saying that there is sufficient money in the department's $900.0 budget to cover the cost. Geron Bruce asked that the note not be eliminated. He explained that the purpose of the note is to identify costs associated with the new program and new initiative. If the note does not accompany the bill, the only way the department could move ahead with the program would be to discontinue some other function and reprogram the funds. End: SFC-95, #57, Side 1 Begin: SFC-95, #59, Side 1 In further discussion of the fiscal note, Senator Sharp advised that he would not delete the negligible note at this time. He stressed need to ensure that the note does not set a pattern for future budget additions until results are known. Senator Rieger asked if the underlying issue behind the bill is that the department has utilized bag limits, harvest seasons, and human consumption limits as the method of game management to the exclusion of management forms. He then asked if the bill could be simplified to require that management of a game stock must not reduce human harvest by a greater percentage than the reduction of predator harvest. All consumptive uses other than natural causes would thus be on equal ground and share in the burden. That would eliminate discriminatory treatment of one form of consumption over another. Senator Sharp said he would have no problem with that approach were the human harvest at a recognizable point. Since human harvest is only 2.5 or 3% and other takings total 87%, there is no equity. Passive management over the last twenty years has resulted in a reallocation of resources away from humans to predators. Without predator control, that is what happens. The Senator questioned who game resources are being managed for. Discussion followed between Senator Phillips and Mr. Bruce regarding the transplant of Canadian wolves into Yellowstone National Park. Mr. Bruce advised that while Alaska offered to provide wolves for the transplant, the U.S. Fish and Wildlife service wanted stock that was genetically closer to what was native to the area. The department does not believe there is a significant difference between Canadian and Alaskan wolves. The offer to provide transplant stock remains open. Senator Sharp noted that department biologists are acknowledged worldwide as experts on what should be done to control wolves. Of the 35 or 36 wolves captured in British Columbia, 31 or 32 were captured by Alaskan biologists. In response to a question from Senator Phillips regarding the possibility of transplants to other states, Mr. Bruce noted that as attractive as export is, it is not a realistic option in achieving a balance between predators and prey. It will not solve the existing problem. Senator Sharp MOVED for passage of CSSB 77 (Fin) with individual recommendations and the accompanying $10.0 fiscal note. Senator Zharoff OBJECTED. CSSB 77 (Fin) was REPORTED OUT of committee on a show of hands evidencing five in support of passage, one no vote, and one abstention. The $10.0 fiscal note from the Dept. of Fish and Game accompanied the bill. Co-chairmen Halford and Frank and Senators Donley and Sharp signed the committee report with a "do pass" recommendation. Senators Phillips, Rieger, and Zharoff signed "no recommendation."
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