Legislature(1997 - 1998)

03/12/1998 09:10 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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SENATE BILL NO. 250                                                            
"An Act relating to management of game and to the                              
duties of the commissioner of fish and game."                                  
                                                                               
                                                                               
Co-Chair Sharp, sponsor of the bill, invited his staff                         
member, Marilyn Wilson to the table.  She read the sponsor                     
statement to committee members.  Co-Chair Sharp indicated he                   
has an amendment to be offered after public testimony is                       
heard.  He noted a page taken from the Board of Game Winter                    
1998 Proposal Book.  He pointed out the differences of                         
definitions listed in the book to those laid out in this                       
bill.  He said the intent of the bill is to make the                           
language more meaningful and make the definitions very                         
clear.                                                                         
                                                                               
At this point, the committee heard public testimony.  Co-                      
Chair Sharp announced that testimony will be limited to                        
three minutes to allow everyone a chance to participate.                       
                                                                               
BILL HAGER via teleconference from FAIRBANKS was first to                      
testify.  He said the definitions and their linkage is vital                   
to the Department of Fish and Game in implementing the                         
intensive management plan.  In his view, the department is                     
arguing philosophy not biology and that SB 250 was needed in                   
order to implement the laws adopted by the earlier bill, SB
77.   In supporting SB 250, he is requesting fair and equal                    
distribution for humans.                                                       
                                                                               
LYNN LEVENGOOD via teleconference from FAIRBANKS, attorney                     
representing the Alaska Outdoor Council supported SB 250.                      
He asked Co-Chair Sharp about his proposed amendment and                       
whether that would change the intent of the bill.  Co-Chair                    
Sharp explained his amendment requested very small changes                     
that would not affect the meaning of the bill.  Mr.                            
Levengood stated his opinion that SB 250 was necessary for                     
the implementation of the laws passed through SB 77.  He                       
said the definitions proposed in the current bill are                          
mandatory to require the Board of Game to implement the                        
intensive management plan.  He objected to what he saw as                      
the board's practice of trying to manage human beings rather                   
than managing wildlife.  He spoke of harvest objectives, and                   
gave an example using the Porcupine Caribou herd.                              
                                                                               
Senator Phillips asked if changes to the harvest objectives                    
for the Porcupine herd would effect the international                          
agreement between Alaska and Canada governing the management                   
of the herd.  It was agreed that the department                                
representative would be better suited to address the                           
question.                                                                      
                                                                               
SENATOR ROBIN TAYLOR testified in favor of the bill.  He                       
asked about changes proposed in the Co-Chair's amendment.                      
Co-Chair Sharp explained his amendment.  Senator Taylor                        
voiced his support of the original version of the bill.  He                    
stated that hunter success really has nothing to do with                       
biology.  He felt the Board of Game and ADF&G's efforts to                     
date had been totally counter-productive.                                      
                                                                               
Co-Chair Sharp told the committee of the work done between                     
his office and ADF&G on this and other bills.  He thanked                      
the department for their efforts and expressed his                             
appreciation.                                                                  
                                                                               
WAYNE REGELIN, Director, Division of Wildlife Conservation,                    
Department of Fish and Game testified for the committee.  He                   
told them the department has no objection to the definition                    
change to intensive management proposed in Co-Chair Sharp's                    
upcoming amendment.  He did say that the bill's definition                     
of harvestable surplus is different than the traditional                       
method biologists have been using for years. He explained                      
how biologists currently determine the harvestable surplus                     
of a population using the recruitment rate rather than the                     
birth rate as proposed in this legislation. However he felt                    
the department could make the necessary adjustments.                           
                                                                               
Mr. Regelin said the department does not think it is wise                      
for a mandatory fixed number of harvestable surplus to be                      
written in statute.  The reason for this is the great                          
variations between each population and even within certain                     
populations. Instead, ADF&G is in support of requiring the                     
Board of Game to set number for each population in                             
regulation.  The department has begun working with the board                   
to set up a system to determine those numbers.                                 
                                                                               
On the matter of sustained yield, Mr. Regelin advised                          
against defining a set number in statutes.  He warned of                       
Department of Law's concerns on the legality of such                           
actions.                                                                       
                                                                               
Senator Phillips inquired on the department's reasons for                      
advising against the mandating of these numbers.  Mr.                          
Regelin explained how each population is different and                         
subject to fluctuations.                                                       
                                                                               
Senator Phillips asked about the definition of "biologically                   
achievable."  Mr. Regelin expressed concerns about Section 5                   
of the bill.  Passage of this section would put two statutes                   
in conflict.  He expounded, telling the committee of the                       
statute governing the Board of Game, which specifically                        
prohibits fiscal authority.  He felt the Department of Law                     
should explain this further.  He suggested a change to this                    
bill that would avoid the conflict.                                            
                                                                               
Mr. Regelin's idea would be to change the phrase to become                     
"identified big game population".  He stressed the need to                     
clarify that the department is to spend its resources only                     
on populations that have been identified as in need of                         
intervention.  This would circumvent the need for the Board                    
of Game to direct the department on where to spend funds.                      
                                                                               
Mr. Regelin then spoke to Senator Phillips earlier concerns                    
regarding the Porcupine Caribou herd.  He assured the                          
committee that any changes enacted by this legislation would                   
not affect the international agreement with Canada.  He said                   
the harvest levels are so low that herd numbers are not                        
significantly impacted.                                                        
                                                                               
Senator Torgerson inquired about the accompanying fiscal                       
note.  He questioned the high costs listed and wondered if                     
some of the proposed duties aren't already being carried out                   
by the department.  If they are, he felt the funding needed                    
shouldn't be so large.  Mr. Regelin responded that the                         
department had already drafted a new, zero fiscal note.  He                    
explained his reasons for the high numbers indicated on the                    
first version.  At the time of first receiving the bill, he                    
was unsure of the intent of the legislation's impact on the                    
department and therefore wanted to show the committee the                      
breakdown of costs of running a wolf control program.  He                      
thought it could be helpful for the legislators to see those                   
figures.  Since then, he's come to understand the intention                    
and predicts the department could adequately run the program                   
using existing funds.  The new fiscal note would be sent to                    
the committee soon.                                                            
                                                                               
This concluded the public testimony for SB 250.                                
                                                                               
Senator Torgerson moved for adoption of Amendment #1,                          
drafted by Co-Chair Sharp.  Senator Adams objected.  There                     
was discussion between Co-Chair Sharp and Mr. Regelin about                    
the definition issues.  Mr. Regelin stated that the                            
amendment would help clarify things.  He referred to the                       
wording allowing certain populations to be targeted for                        
growth rather than strictly sustained yield - like the                         
Fortymile Caribou herd.  Upon hearing that the department                      
had a chance to study this amendment and had no problems                       
with it, he removed his objection.  There being no further                     
objection, Amendment #1 was adopted.                                           
                                                                               
Senator Torgerson offered Amendment #2 and moved for its                       
adoption.  He explained this would address Mr. Regelin's                       
concerns stated earlier regarding direction of the                             
department's resources only to identified big game                             
populations.  There was no objection to this amendment and                     
Co-Chair Sharp ordered Amendment #2 adopted.                                   
                                                                               
Senator Torgerson then moved Senate Finance Committee                          
Substitute for SB 250 with a new, zero fiscal note from                        
committee.  Co-Chair Sharp moved the bill from committee                       
there being no objection.                                                      
                                                                               

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