Legislature(1997 - 1998)

05/05/1997 03:45 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        HB 151 BIG GAME GUIDES/REGISTR. AREAS/TRANSPORT                       
                                                                              
  CHAIRMAN HALFORD  called the Senate Resources Committee meeting to           
 order at 3:45 p.m. and announced  HB 151  to be up for consideration.         
                                                                               
  REPRESENTATIVE SCOTT OGAN , sponsor, said HB 151 makes it illegal            
 for registered guides, Class-A assistant guides, and assistant                
 guides to hunt while a client of theirs is in the field, makes it             
 illegal for transporters to knowingly accompany or remain in the              
 field with a big game hunter who is a client, and makes it a                  
 misdemeanor to break the laws created above.                                  
                                                                               
 REPRESENTATIVE OGAN said that it also closes a loophole that had              
 allowed felons to upgrade for a new class of license under a                  
 grandfather clause. It also creates the ability for guides to                 
 register for one more guide use area if the federal lands requested           
 would otherwise not be used and are adjacent to the existing guide            
 use area.  On the House floor it was also amended, he said, to give           
 oral examinations for people who don't read and if someone has been           
 a class-A assistant guide for 25 years (the highest level of                  
 assistant guide), they can automatically qualify without taking the           
 test.                                                                         
                                                                               
  CHAIRMAN HALFORD  commented that the CS cleans up provisions that            
 passed the House.  He said the history on the bill is that it was             
 originally designed for someone who wouldn't be able to pass the              
 test, but obviously had been at it forever.  The original version             
 gave the person an area registration with only 10 years, but lots             
 of people have been in an area for 10 years.  So that was taken out           
 and that question will still have to be dealt with.                           
                                                                               
  SENATOR GREEN  moved to adopt the SCS for CSHB 151.  There were no           
 objections and it was so ordered.                                             
                                                                               
  REPRESENTATIVE OGAN  reviewed the sections in the bill.                      
                                                                               
  SENATOR LINCOLN  said she was concerned in section 4 that                    
 individuals in rural bush communities who are just getting started,           
 but really didn't get a license, would be able to qualify and asked           
 what was proof of 25 years of experience.   REPRESENTATIVE OGAN  said         
 that proof should be verifiable with the department whether they              
 have had 25 years experience as a class-A assistant or assistant              
 guide outfitter.  Guides used to be called guide outfitters which             
 is why the term is included.                                                  
                                                                               
  CHAIRMAN HALFORD  noted that class-A assistant guides have been in           
 effect since 1970 or before.   SENATOR LINCOLN  was concerned that            
 certain guides would be precluded because of not officially                   
 registering sometime in the mid 1980s.  She asked if this precluded           
 any rural bush assistants or class-A guides.   REPRESENTATIVE OGAN            
  replied if they have been a class-A assistant guide, regardless of           
 where they live for 25 years, they would automatically qualify for            
 a license.                                                                    
                                                                               
  CHAIRMAN HALFORD  said that the class-A assistant guide's license is         
 already loaded in favor of long-term residents and is the license             
 most often used by local residents in small communities  .  This adds         
 in a minor exemption because it's hard to qualify.                            
                                                                               
  SENATOR TAYLOR  asked if by putting in 25 years of experience they           
 would be excluding someone who had to leave the State and asked if            
 they could add within 50 years.  He also asked if it would exclude            
 women.   SENATOR LINCOLN  said she hoped it didn't otherwise someone          
 would be in court.                                                            
                                                                               
  REPRESENTATIVE OGAN  said they are making it illegal for a guide to          
 hunt while a client and lesser guides are in the field.   CHAIRMAN            
 HALFORD  said the question was should it say "while the registered            
 guide is accompanying a client."  One side of the problem is that             
 a registered guide may be at a lodge or camp that's 50 miles away             
 from where an assistant guide is with a sheep hunter, and the                 
 registered guide may live there year round, and a moose walks by              
 his meat house.  He theoretically can't take that moose in season             
 because of this requirement and he didn't think Representative Ogan           
 was trying to stop this.  He thought they were putting a standard             
 on a registered guide who may be nowhere near a client and have not           
 seen them for a couple of days.  This is a standard that they,                
 therefore, can't take any big game animals.  The question on that             
 amendment was "accompanies by" or just having it by contract.                 
                                                                               
  REPRESENTATIVE OGAN  said he had wrestled with that concern and the          
 reason they want to do this is because, for example, a guide has a            
 client in the field who gets a 50 inch moose and they run across a            
 bigger moose and the client says he'll pay another $1,000 to use              
 the guide's tag.                                                              
                                                                               
  CHAIRMAN HALFORD  said they might consider adding "while they have           
 a client booked for the same species."                                        
                                                                               
 Number 243                                                                    
                                                                               
  CAPTAIN JOEL HARD,  Commercial Crimes Bureau, said that basically            
 this language takes away the temptation for the transfer of tags or           
 the taking of another animal and covering it illegally with either            
 the guide or the registered guides lawful hunting tags.                       
                                                                               
 He said that in general he supports the bill.  He explained that              
 during the last legislative session it was left out of statute                
 because it was thought to have been addressed in regulation and it            
 wasn't.                                                                       
                                                                               
  REPRESENTATIVE OGAN  reviewed the rest of the bill.                          
                                                                               
  SENATOR TAYLOR  commented on section 19 that the traditional way of          
 hunting down here is that someone has a nice big boat, 35 - 50 ft.            
 and puts some hunters on board the boat and they drive their boat             
 out to Admiralty Island and anchor, and take the hunters to shore             
 in a skiff and let them off.  That would be in compliance with this           
 restriction.   REPRESENTATIVE OGAN  agreed.   SENATOR TAYLOR  continue        
 saying that in the evening they come back to the beach and someone            
 comes in and picks them up and takes them back out to the boat                
 where they are fed and housed.  He asked if that would still be in            
 compliance with this.  He was concerned with "duties of embarking             
 or disembarking" and if that meant just one trip out and one trip             
 back like with a float plane.   REPRESENTATIVE OGAN  responded that           
 it is covered in statute that they would still be able to practice            
 that scenario; but they wouldn't be able to accompany the hunters             
 in the field beyond that beach head.  The hunters have to be on               
 their own including skinning and packing.  They can't sit in the              
 boat and glass.                                                               
                                                                               
  CHAIRMAN HALFORD  asked how employees would be affected; can they            
 have someone who cooks at the cabin they always let people off at             
 and pointed out that it's also not illegal to hire yourself out as            
 a packer to carry things.  This is an area that has been a                    
 continuous push back and forth between transporters and outfitters            
 and guides for the total time that he has watched.                            
  SENATOR TAYLOR  said he wanted to allow transporters to have people          
 live on board a boat.   REPRESENTATIVE OGAN  replied that AS8.54.650          
 covers a person who is entitled to be a transporter who can provide           
 transportation services and accommodations to big game hunters in             
 the field at a permanent lodge, house, cabin owned by the                     
 transporter or on a boat with permanent living quarters on salt               
 water.                                                                        
                                                                               
  CHAIRMAN HALFORD  said that the committee has correspondence from            
 someone who is complaining about this language not being expansive            
 enough.  This only works if the area they are talking about is on             
 federal land  and permitting isn't available to anyone else.  This            
 amendment is designed to aid very few people in generally pretty              
 small areas.  He is not an advocate of people being this limited              
 and found it hard to defend the details of how they work or work              
 hardships.                                                                    
                                                                               
  REPRESENTATIVE OGAN  pointed out that a lot of guides contract with          
 other guides who can register in three areas and so they can                  
 actually get more than three.  He personally has problems with                
 expanding it to three or four areas at this time due to that fact.            
                                                                               
 Number 418                                                                    
                                                                               
  MS. CATHERINE REARDON,  Director, Division of Occupational                   
 Licensing, said the first section says they will offer the exam in            
 oral form if the applicant has a reading disability.  They support            
 this provision and they offer this under ADA.                                 
                                                                               
 The second section was requested by the department and regarded               
 licensing of felons.  There is a loophole which allows felons who             
 are assistant guides under the old law and now want to become                 
 registered guides, because they fit in the exemption, to upgrade              
 their licenses even though they had a felony within the last five             
 or ten years.  There were two applicants like that and she thought            
 that the legislature intended to let them keep their assistant                
 guide license, but not allow them to upgrade to guide until their             
 five or ten years were up.                                                    
                                                                               
 Another issue, MS. REARDON said, is the 25 years of experience on             
 page 2, line 20, referring to one of Senator Lincoln's concerns.              
 It's her understanding that the person had to have held a class-A             
 assistant guide license for the 25 years and have been using it.              
 She thought they would probably ask the person to write an                    
 affidavit to that affect.  So someone who was out there guiding               
 without the license would not be eligible.  She said they have hand           
 written records going back to 1973 and if there is someone out                
 there who had a license starting in 1973, she didn't know who it              
 was.  She said she is not aware of anyone holding a license for 25            
 years just looking at their paper records.                                    
                                                                               
 On the "otherwise remain unused" clause she said it would be better           
 just to say everyone can qualify for four areas because she didn't            
 understand why certain people under very certain circumstances                
 could qualify for the fourth area.  The defense to holding it to              
 three areas when the bill was going through last time was that                
 there's an advantage to spreading the guides out which benefits the           
 resource and if that's the case, it should be three.  If four                 
 doesn't disrupt that motivation, just make if four for everyone,              
 she suggested.                                                                
                                                                               
 Another communication she has been getting from certain guides is             
 that they would like even more areas.                                         
                                                                               
  SENATOR TAYLOR  asked how many areas there were in Southeast.                
  CHAIRMAN HALFORD  said there were four game management units and             
 each unit might have as many as 40 guide areas.   REPRESENTATIVE              
 OGAN  said he thought there might be about 10 or 15.                          
                                                                               
 Number 554                                                                    
                                                                               
  SENATOR TAYLOR  said he was concerned this was like micromanagement.         
                                                                               
 SENATOR TAYLOR proposed an amendment on page 5, line 4, after the             
 word "while"  to insert   "accompanying a client of the registered            
 guided" and delete the word "is" on line 9.  So it would read, "You           
 cannot knowingly personally take big game while accompanying a                
 client of the registered guide in the field."                                 
  REPRESENTATIVE OGAN  commented that he thought this was a policy             
 call.                                                                         
                                                                               
  TAPE 97-31, SIDE B                                                           
                                                                               
   SENATOR LINCOLN  asked what would be the circumstance the guide             
 would want to take animals, other than a moose walking through                
 camp.   CHAIRMAN HALFORD  responded that a guide may have a lodge             
 that's in the flat country at the edge of the mountains and he may            
 have sheep hunters hunting who are successful, but if he lives                
 there, and some of the seasons are pretty short this year, he could           
 get to the point where he couldn't hunt at all basically, because             
 he has a couple of assistant guides out with sheep hunters through            
 the whole moose season.  This is not the norm, he added.                      
                                                                               
 The cases he personally is opposed to are where a guide actually              
 takes animals when he is out with a guided hunter.  The most                  
 obvious abuse is cross tagging and the other is he just didn't                
 think a guide should be taking animals while he's guiding.                    
                                                                               
  SENATOR TAYLOR  said that cross tagging only involves one incident           
 during one season because the guide has only one tag and he may               
 have eight hunters coming through.  If a guy was going to take an             
 animal anyhow, what difference does it make.  The same amount of              
 animals are taken.                                                            
                                                                               
  REPRESENTATIVE OGAN  said it would be o.k. to incorporate language           
 about the same species.                                                       
                                                                               
  SENATOR LINCOLN  asked how to define "accompany."   SENATOR TAYLOR           
  said he thought it meant guiding within the same camp.  His                  
 definition would be more expansive.                                           
                                                                               
 Number 494                                                                    
                                                                               
  CHAIRMAN HALFORD  said he would be more comfortable if Senator               
 Taylor would make his amendment conceptual and add language that              
 says "while accompanying or under contract for the species taken."            
                                                                               
  SENATOR GREEN  said she thought it would read better on line 4 if it         
 said, "while under contract for the species taken or while                    
 accompanying a client of the registered guide in the field."                  
                                                                               
  CAPTAIN HARD  commented that old language under the Board of Game            
 uses "in the service of," but he didn't know if it applied at this            
 point.  He agreed with the concept of defining the word                       
 "accompanying" more definitively in regulation.                               
                                                                               
    CHAIRMAN HALFORD  said the question is a conceptual amendment to ad        
 accompanying or under contract for the species.   SENATOR TAYLOR              
  moved the amendment.   SENATOR LINCOLN  objected.  SENATORS HALFORD,         
 TAYLOR, and GREEN  were in favor and the amendment carried.                   
  SENATOR LINCOLN  said she objected because it is conceptual and she          
 understands that it will leave the committee before it can be                 
 reviewed.   CHAIRMAN HALFORD  said his intention is if they move the          
 bill, it will not leave their possession until everyone gets to               
 look at it.                                                                   
                                                                               
  SENATOR GREEN  said she wanted to go back to section 1 and the oral          
 examination.  She suggested that "reading disability" is not what             
 they want.  She thought it should be a specific language disability           
 or a specific learning disability.                                            
                                                                               
  CHAIRMAN HALFORD  said they didn't want to have to offer the test in         
 other languages.                                                              
                                                                               
  SENATOR GREEN  moved to change page l, line 11 to delete "reading"           
 and insert "experiences a specific language."                                 
                                                                               
  SENATOR LINCOLN  asked why they didn't wait to pass the bill until           
 they know exactly if that's the correct language to put in there.             
                                                                               
  CHAIRMAN HALFORD  announced an at ease from 4:50 - 4:55 p.m.  He             
 asked if there were any objections to Senator Green's amendment.              
 There were no objections and it was adopted.                                  
                                                                               
      SENATOR TAYLOR  moved to pass SCSCSHB 151(RES) as amended out of         
 committee upon approval of the chairman on the review of the                  
 conceptual amendment.  There were no objections and it was so                 
 ordered.                                                                      
                                                                               
  CHAIRMAN HALFORD  adjourned the meeting at 5:00 p.m.                         
                                                                               

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