Legislature(2001 - 2002)

02/12/2001 03:40 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
                SB  72-TAKE A CHILD HUNTING SEASON                                                                          
                                                                                                                                
                                                                                                                              
CHAIRMAN  JOHN  TORGERSON  called  the  Senate  Resources  Committee                                                          
                                                                                                                                
meeting  to order  at 3:40 p.m.  and announced  SB 72  to be up  for                                                            
                                                                                                                                
consideration.                                                                                                                  
                                                                                                                                
                                                                                                                                
SENATOR  PETE  KELLY, sponsor,  said  SB  72 establishes  a  hunting                                                            
                                                                                                                                
season to accommodate  school schedules  throughout the state  where                                                            
                                                                                                                                
the Board of  Game can do it. He explained  that the idea  came from                                                            
                                                                                                                                
his own childhood when  he had to watch his big brothers and his Dad                                                            
                                                                                                                                
go off hunting  sometimes while he  was still in school.  "We should                                                            
                                                                                                                                
be able  to take out kids  hunting and it  shouldn't interfere  with                                                            
                                                                                                                                
schools even though  they will certainly learn a lot  of lessons out                                                            
                                                                                                                                
there hunting that they couldn't learn in school."                                                                              
                                                                                                                                
                                                                                                                                
SENATOR  KELLY  explained that  the  proposed  committee  substitute                                                            
                                                                                                                                
changes the ages  from the original 18 years and under  and 19 years                                                            
                                                                                                                                
of age and older to 17 and under and 21 and older.                                                                              
                                                                                                                                
                                                                                                                                
SENATOR KELLY  moved to adopt the  CS to SB 72, draft L.  There were                                                            
no objections and it was so ordered.                                                                                            
                                                                                                                                
                                                                                                                                
MR. WAYNE  REGELIN,  Director,  Division of  Wildlife Conservation,                                                             
                                                                                                                                
supported  SB 72. "We think  it's a very good  concept. We  like the                                                            
                                                                                                                                
idea of encouraging  young people to begin hunting."  He agreed with                                                            
                                                                                                                                
leaving most of the details  to the Board of Game. He suggested that                                                            
                                                                                                                                
the Board  have  a two or  three day  separation  between the  early                                                            
                                                                                                                                
youth season  and the general  season, so  people don't bring  their                                                            
                                                                                                                                
child along  to hunt and  then send him home.  He also considered  a                                                            
                                                                                                                                
minimum age of 10 and older.                                                                                                    
                                                                                                                                
                                                                                                                                
SENATOR KELLY said he didn't object to a minimum age.                                                                           
                                                                                                                                
                                                                                                                                
CHAIRMAN  TORGERSON asked  if UAA  would be considered  a school  in                                                            
                                                                                                                                
this bill.                                                                                                                      
                                                                                                                                
                                                                                                                                
MR. REGELIN said  they were thinking more of high  school and junior                                                            
                                                                                                                                
high.                                                                                                                           
                                                                                                                                
                                                                                                                                
Number 500                                                                                                                      
                                                                                                                                
                                                                                                                                
SENATOR TAYLOR  said his district has moose, elk,  and bear. He said                                                            
                                                                                                                                
that  deer  and  goat season  starts  August  1.  Moose  is  usually                                                            
                                                                                                                                
September  15 to  October  15 or  to the  end.  Elk was  as late  as                                                            
                                                                                                                                
October 15 one time and  now it's October 1 to the end. He said that                                                            
                                                                                                                                
animals in  Southeast are  about a month or  so later than  in other                                                            
                                                                                                                                
areas  and asked if  that would  cause any  management difficulties                                                             
                                                                                                                                
down here.                                                                                                                      
                                                                                                                                
                                                                                                                                
MR. REGELIN replied  that the Board would take a "real  hard look at                                                            
                                                                                                                                
Southeast  because  it is  different." He  thought  the Board  would                                                            
                                                                                                                                
probably put the issue  into Advisory Committees and go through that                                                            
process.  The Stikine hunt  and Berner's Bay  are both very  intense                                                            
                                                                                                                                
because  they are strictly  a drawing  and it  probably wouldn't  be                                                            
                                                                                                                                
appropriate  there. He  thought they  would "have  to give elk  some                                                            
                                                                                                                                
real thought."                                                                                                                  
                                                                                                                                
                                                                                                                                
SENATOR TAYLOR  said they had also  encountered problems  with proxy                                                            
                                                                                                                                
hunting where people are  using their two-year old child as a proxy,                                                            
                                                                                                                                
etc.                                                                                                                            
                                                                                                                                
                                                                                                                                
MR. REGELIN  said they  had experienced  that type  of problem  when                                                            
                                                                                                                                
proxy hunting  first started.  One guy  got a  proxy permit  for his                                                            
                                                                                                                                
two-year  old kid and that's  not what the  law is for. At  the same                                                            
                                                                                                                                
time, if there's a hunter  in a village that is a primary hunter and                                                            
                                                                                                                                
provides meat  for lots of people, he could see him  taking 30 deer.                                                            
                                                                                                                                
Overall, it's  worked out he said.  "There's always someone  looking                                                            
                                                                                                                                
for a loophole."                                                                                                                
                                                                                                                                
                                                                                                                                
SENATOR ELTON  said he didn't  think they needed  a bill to  do this                                                            
                                                                                                                                
and that the Board of Game could do this on its own.                                                                            
                                                                                                                                
                                                                                                                                
MR.  REGELIN  replied  that  they probably  could,  but  this  would                                                            
                                                                                                                                
encourage  them to do  it. This will  ensure that  it's legal  to do                                                            
                                                                                                                                
something for underage people that is a special privilege.                                                                      
                                                                                                                                
                                                                                                                                
SENATOR ELTON asked if  the Board would be able to implement minimum                                                            
                                                                                                                                
age requirements the way this bill is drafted.                                                                                  
                                                                                                                                
                                                                                                                                
MR.  REGELIN answered  that  he thought  they probably  could.  They                                                            
                                                                                                                                
would recommend that the  Board have people register to see how many                                                            
                                                                                                                                
are going to participate  and if it's worthwhile,  they will issue a                                                            
                                                                                                                                
permit in both  peoples' names for  good records. If the  Board sees                                                            
                                                                                                                                
abuse, they could fix it.                                                                                                       
                                                                                                                                
                                                                                                                                
SENATOR ELTON  said the way he reads  it, taking a five or  six-year                                                            
                                                                                                                                
old is an abuse. There's  nothing in the bill requiring the child to                                                            
                                                                                                                                
hunt. It's just that they accompany an adult hunter.                                                                            
                                                                                                                                
                                                                                                                                
MR.  REGELIN replied  that  was true  and they  wanted  to leave  it                                                            
                                                                                                                                
either/or  and see how  it works. He  wanted to  leave it up  to the                                                            
                                                                                                                                
parent. He thought this area needed a little more thought.                                                                      
                                                                                                                                
                                                                                                                                
SENATOR ELTON  responded that he was generally in  favor of allowing                                                            
                                                                                                                                
wide  latitude to  the regulatory  Board  in this  instance, but  he                                                            
                                                                                                                                
wasn't comfortable  getting in a position  where a father  and a son                                                            
                                                                                                                                
fly into  Turner Lake, set  up a camp to  go goat hunting,  and then                                                            
                                                                                                                                
the kid stays  in a tent and the adult  climbs the mountain  so they                                                            
                                                                                                                                
can take advantage of an earlier and less busy hunting season.                                                                  
                                                                                                                                
                                                                                                                                
SENATOR  LINCOLN said  that she is  a hunter and  takes children  in                                                            
                                                                                                                                
Rampart hunting. She thought  the youngest person she had ever taken                                                            
                                                                                                                                
was seven  years old and  more often than  not they would come  home                                                            
                                                                                                                                
with nothing.  She has always had a problem with the  notion that we                                                            
                                                                                                                                
have to have a piece of  legislation to take a child hunting because                                                            
                                                                                                                                
people  go  hunting for  food,  not  sport. She  has  problems  with                                                            
                                                                                                                                
legislation that says they're  going to take a child to go and learn                                                            
                                                                                                                                
to kill.                                                                                                                        
                                                                                                                                
                                                                                                                                
SENATOR  LINCOLN  said  further,  "If parents  want  to  take  their                                                            
                                                                                                                                
children hunting, they  can do it even during school." They can take                                                            
                                                                                                                                
them on the weekend  like her Dad did. She also didn't  know how the                                                            
                                                                                                                                
Board would  establish appropriate  areas. "Would they establish  an                                                            
                                                                                                                                
area in and around the  Fairbanks area and not in the rural area? Or                                                            
                                                                                                                                
would it  be in the rural  area and not in  the urban areas  so that                                                            
                                                                                                                                
would put more pressure on rural areas."                                                                                        
                                                                                                                                
                                                                                                                                
SENATOR LINCOLN  said she  is concerned that  young people  would be                                                            
                                                                                                                                
brought along  for the hunts and she didn't know if  they would have                                                            
                                                                                                                                
a great  time. There can  be vast abuse of  the system by  having an                                                            
                                                                                                                                
early hunt.                                                                                                                     
                                                                                                                                
                                                                                                                                
Number 1238                                                                                                                     
                                                                                                                                
                                                                                                                                
MR. REGELIN responded that  he thought this would be administered on                                                            
                                                                                                                                
a game  management or a  subunit basis. It's  appropriate where  the                                                            
                                                                                                                                
season starts at or right  after school has begun. The intent was to                                                            
                                                                                                                                
leave the details to the Board of Game.                                                                                         
                                                                                                                                
                                                                                                                                
SENATOR  LINCOLN  asked  if hunting  areas  would  be open  for  all                                                            
                                                                                                                                
residents of the state to go in and have an early hunt.                                                                         
                                                                                                                                
                                                                                                                                
MR.  REGELIN  replied  during  the general  season,  anyone  can  go                                                            
                                                                                                                                
anywhere by  winning a drawing and  these seasons would probably  be                                                            
                                                                                                                                
for five days. It would be open to anyone who is a resident.                                                                    
                                                                                                                                
                                                                                                                                
SENATOR  KELLY responded  that  the  language was  not  meant to  be                                                            
                                                                                                                                
vague,  but permissive  for the Board  of Game  to work through  the                                                            
                                                                                                                                
details.  He didn't  think  they should  assume abuses  when  you're                                                            
                                                                                                                                
talking about  hunting. Most hunters  are responsible people.  There                                                            
                                                                                                                                
is nothing in  the bill that reduces punishment for  abuses. He said                                                            
                                                                                                                                
there are valuable  lessons to be learned. "It has  the potential to                                                            
                                                                                                                                
draw families together with kids at an earlier age."                                                                            
                                                                                                                                
                                                                                                                                
SENATOR ELTON  said he thought the  bill went far beyond  family, if                                                            
                                                                                                                                
you can find  someone under 17 that  goes with you. He asked  how it                                                            
                                                                                                                                
would work for Sitka black  tail hunting in Southeast Alaska. "Would                                                            
                                                                                                                                
this  authorize the  Board  to have  a doe  season  prior to  school                                                            
opening, since  the buck season opens the middle of  August and then                                                            
                                                                                                                                
the doe season on the first of October?"                                                                                        
                                                                                                                                
                                                                                                                                
MR.  REGELIN  said  the  Board  can  already  do  that  if  it  were                                                            
                                                                                                                                
biologically appropriate.  In the case of deer, there's a good month                                                            
                                                                                                                                
before school  starts. He didn't think  they would make any  changes                                                            
                                                                                                                                
to anything  for deer hunting anywhere  in the state. He  thought it                                                            
                                                                                                                                
was smart to put this "privilege category" in statute.                                                                          
                                                                                                                                
                                                                                                                                
SENATOR LINCOLN  asked if  they were going  to open up areas  across                                                            
                                                                                                                                
the State of Alaska,  how would they do that with  a $0 fiscal note.                                                            
                                                                                                                                
She thought  there would  have to  be earlier  enforcement of  those                                                            
                                                                                                                                
areas.                                                                                                                          
                                                                                                                                
                                                                                                                                
MR. REGELIN replied  that Fish and Wildlife Protection  might have a                                                            
                                                                                                                                
fiscal note,  but he thought this  would require a little  more time                                                            
                                                                                                                                
at  the Board  which  he  didn't think  was  significant  enough  to                                                            
                                                                                                                                
warrant a fiscal note.                                                                                                          
                                                                                                                                
                                                                                                                                
SENATOR LINCOLN  asked how  to respond to  someone who is single  or                                                            
                                                                                                                                
who doesn't  have children who will  not be able to go on  the early                                                            
                                                                                                                                
hunt.                                                                                                                           
                                                                                                                                
                                                                                                                                
MR. REGELIN  replied that they could  go during the regular  hunting                                                            
                                                                                                                                
season because they don't have a conflict with school.                                                                          
                                                                                                                                
                                                                                                                                
SENATOR TAYLOR moved on  line 7 to delete "resident" before the word                                                            
                                                                                                                                
"child" because  there are a lot of  parents whose children  are not                                                            
                                                                                                                                
in-state,  but have  them up  during the  summer and  would like  to                                                            
                                                                                                                                
utilize the  activity. He  also suggested  inserting "no more  than"                                                            
                                                                                                                                
before 17 years of age and "no less than" 10 years of age.                                                                      
                                                                                                                                
                                                                                                                                
SENATOR  ELTON  asked the  sponsor  if he  wanted  to  split up  the                                                            
                                                                                                                                
amendment.                                                                                                                      
                                                                                                                                
                                                                                                                                
SENATOR KELLY  said he wasn't sold on the 10 years  age. He said the                                                            
                                                                                                                                
resolution was  directed at school age kids. He said  he felt better                                                            
                                                                                                                                
with 8 years old.                                                                                                               
                                                                                                                                
                                                                                                                                
SENATOR TAYLOR  amended his amendment  to change 10 to 8  years old.                                                            
                                                                                                                                
                                                                                                                                
SENATOR PEARCE said she  didn't want to go beyond dependent children                                                            
                                                                                                                                
and asked  if they could  make that clear.  She commented that  when                                                            
                                                                                                                                
she was in school, kids would just go hunting.                                                                                  
                                                                                                                                
                                                                                                                                
SENATOR  ELTON  suggested  using language,  "resident  adult  and  a                                                            
                                                                                                                                
resident or dependent child."                                                                                                   
                                                                                                                                
                                                                                                                                
CHAIRMAN  TORGERSON  moved to  change  the age  from 10  years to  8                                                            
                                                                                                                                
years. There were no objections and the amendment carried.                                                                      
                                                                                                                                
                                                                                                                                
SENATOR  ELTON moved  on  line 7  to insert  "or  dependent"  before                                                            
                                                                                                                                
"child." There were no objections and it was so ordered.                                                                        
                                                                                                                                
                                                                                                                                
SENATOR TAYLOR asked if  a 16 year old child is taken out hunting by                                                            
                                                                                                                                
a resident adult, does the kid have to be licensed?                                                                             
                                                                                                                                
                                                                                                                                
MR. REGELIN replied,  "If you're a resident of the  State of Alaska,                                                            
                                                                                                                                
you don't need a license until you are 16."                                                                                     
                                                                                                                                
                                                                                                                                
SENATOR TAYLOR  asked how the person  who is under 16 gets  a tag to                                                            
                                                                                                                                
hunt if he's not licensed.                                                                                                      
                                                                                                                                
                                                                                                                                
MR. REGELIN  replied that the Division  routinely issues  moose tags                                                            
to people under 16 years of age.                                                                                                
                                                                                                                                
                                                                                                                                
SENATOR  TAYLOR asked  if they  had to  go through  anything like  a                                                            
                                                                                                                                
safety course before they could get a hunting license.                                                                          
                                                                                                                                
                                                                                                                                
MR. REGELIN  replied that  is required for  certain hunts,  like bow                                                            
                                                                                                                                
hunting  and for certain  areas in  Anchorage. The  Board is  in the                                                            
                                                                                                                                
process of making it mandatory  for kids under a certain age to have                                                            
                                                                                                                                
hunter education and people  over that age will be grandfathered in.                                                            
                                                                                                                                
That will be phased in over the next couple of years.                                                                           
                                                                                                                                
                                                                                                                                
CHAIRMAN TORGERSON asked about non-resident children.                                                                           
                                                                                                                                
                                                                                                                                
MR. REGELIN  replied that  non-residents under  the age of  16 would                                                            
                                                                                                                                
have to buy a license.                                                                                                          
                                                                                                                                
                                                                                                                                
SENATOR  TAYLOR  moved to  pass  CSSB 72(RES)  from  committee  with                                                            
                                                                                                                                
individual recommendations.  There were no objections  and it was so                                                            
                                                                                                                                
ordered.                                                                                                                        
                                                                                                                                

Document Name Date/Time Subjects