Legislature(2003 - 2004)
04/23/2003 10:00 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. 147
"An Act relating to control of nuisance wild animals; and
providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken explained this bill sponsored by Co-Chair Green,
"allows the Alaska Board of Game to issue permits or licenses to
control nuisance wild birds or small animals."
Co-Chair Green informed that residents sometimes incur nuisance
"critters" on their property and are unable or unwilling to remove
the animals themselves without assistance. She stated that current
statute does not allow another party, other than certain State
employees, to provide such assistance without obtaining a separate
permit for each incidence.
Co-Chair Green remarked that this legislation would create a
professional license for parties interested in providing this
assistance as a service. She noted the license holders would be
apprised of pertinent laws and regulations and would be required to
uphold those rules.
Co-Chair Green opined this license would provide a "reasonable way
for people to control nuisance critters and animals around their
property."
Senator Taylor referenced language in Section 2 on page 3 lines 3
5, which read as follows.
?The commissioner also may issue without cost a permit for the
noncommercial control of nuisance wild birds or nuisance wild
small mammals
Senator Taylor indicated "small" is also contained in conforming
language on page 3, line 21. He suggested deletion of "small" from
the bill, unless it is a "technical definition of a classification
of animals". He surmised that giving "a broader perspective or
opportunity" for professionals to assist residents with nuisance
animals would be preferred.
Co-Chair Green deferred to the Department of Fish and Game to
explain the definition of small mammals.
Senator Bunde pointed out that current State statute and
regulations refer to small and large game animals, and that the
language in this legislation could be a reflection of existing
definitions. He stated that currently Department of Fish and Game
or other law enforcement officials handle incidences of aggressive
moose.
MATT ROBUS, Acting Director, Division of Wildlife Conversation,
Department of Fish and Game stated the clarification of "small"
mammals is to limit the scope of the commercial operators and
individual permitees' activities. He exampled a moose entangled in
a fence and the necessity that professional biologists or law
enforcement personnel with past experience respond to the
situation. He added that these situations "usually involve into a
public safety issue" in which the Department currently has
statutory jurisdiction. He noted this legislation would allow other
nuisance animals to be addressed, such as river otter raiding
domestic poultry.
Mr. Robus recommended retaining the language limiting the
provisions of this bill to small mammals and wild birds.
Senator Taylor was unsure why this program would not be
administered in the same fashion without the restriction to small
animals. He suggested contracts could be entered into with private
individuals to address situations with large animals and that it is
not necessary that action should be limited to State employees. He
spoke of road kill of moose and the distribution of meat harvested
from these incidences.
Mr. Robus noted that incidences with larger animals cause public
safety issues and informed that the Department currently has
authority and enters into contracts with private citizens to
address these situations. He specified that the Department lacks
authority to issue permits to address incidences involving birds
and smaller mammals. He did not oppose inclusion of small and
"medium" size animals.
Senator Taylor reiterated the provision should be broad to allow
for unexpected circumstances.
Mr. Robus then testified in favor of the legislation, as it would
provide the ability to address situations that could not be
addressed in the past. He told of issues with migratory birds
whereby the federal government has requested assistance with
addressing nuisance birds, although the Department has been unable
to issue permits to private parties.
Mr. Robus informed that the bill contains two "pathways", one being
a commercial license that would allow a private party to offer
nuisance animal control services to the public. He noted the fee
for this license would be $100 and that interest in providing this
service has been expressed. He predicted the program would have a
"slow start" and therefore incur minimal Department expense. The
second pathway, he stated, would allow the Department to issue
permits to private individuals to deal with individual nuisance
animal situations. He noted this process would be similar to the
Department's issuance of public safety permit and scientific
educational permits.
Mr. Robus stated the Department would apply the same case-by-case
guidelines used to determine "defense of life and property"
justifications in that non-lethal options would be considered
before a permit would be issued to kill an animal.
Mr. Robus expressed concern with transitioning this legislation to
include all animals emphasizing that although all wildlife has
value, larger game animals also provide meat and have a trophy
value. Although bears, etc, could be a nuisance, he assured that
other options are available for dealing with large problem animals
safely and effectively. He was reluctant to place a commercial
operator in the position of making safety determinations. He
appreciated Senator Taylor's efforts to provide flexibility
although the Department's intent is to address small nuisance
animals.
ROBERT DORAN testified via teleconference from Mat-Su that he has
found that agencies do not have adequate time or personnel to
address problems with small nuisance animals and the affected
public is unable to take action for various reasons. He assured he
did not intent to "step into the role of biologist" but rather
offer a service to the public to address nuisance animals.
Senator Bunde, referencing Senator Taylor's earlier comments, asked
if the intent of this legislation is to cover large killed animals,
as he understood a program already exists to remove and harvest
meat from animals struck and killed by vehicles.
Co-Chair Green asserted her intent is to address only living
nuisance animals.
Mr. Robus affirmed a system exists to address killed animals.
Senator Taylor spoke of injured large animals and the inability to
end suffering until "someone with a badge" arrives. He suggested
private contractors could be available to address the matter of
large injured animals.
Co-Chair Wilken indicated Mr. Robus could respond to this query at
a future hearing on this bill.
Senator Olson requested an opportunity to offer Amendment #1.
Co-Chair Wilken stated the amendment would be addressed later.
Co-Chair Wilken ordered the bill HELD in Committee.
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