Legislature(2003 - 2004)
04/16/2003 03:34 PM Senate RES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 147-CONTROL OF NUISANCE WILD ANIMALS
MS. JACQUELINE TUPOU, staff to Senator Lyda Green, sponsor of SB
147, gave the following testimony.
This legislation before you provides authority to the
Alaska Board of Game to adopt regulations that will
allow the issuance of permits and licenses to
sanctioned designees to control nuisance wild birds
and nuisance wild small mammals. Currently, there is
no statutory authority for nuisance wildlife control
and the means by which ADF&G can sell a license or
issue a permit... The first thing this bill does is it
creates a new professional license that can be issued
by the Department of Fish and Game, and that doesn't
go into effect, if you'll notice, until July '04. It
gives the department sufficient time to write the
[regulations].
MS. TUPOU said the bill also gives the department the authority
to work with persons and families who need assistance in getting
rid of nuisance wild animals. The department can provide the
names of people who are licensed to deal with these problems.
CHAIR OGAN asked who this bill attempts to help and what kind of
animals fall into this category.
MS. TUPOU said she is not completely familiar with the history
of this legislation but Senator Green has heard from
constituents who have had wild animals in their yards that cause
problems with their children and livestock. She pointed out the
department has knowledge of the behavior of these animals and
can advise a proper course of action.
CHAIR OGAN noted that beavers can be very destructive. He asked
if SB 147 gives ADF&G the discretion to decide whether to issue
a permit for a specific animal.
MS. TUPOU deferred to a representative from ADF&G for
information on specific animals but said the department will
have ample time to write regulations.
CHAIR OGAN asked if this legislation will allow someone to set
up a business to control nuisance animals.
MS. TUPOU said that could well be a financial by-product of this
legislation. The department will issue licenses to businesses to
perform these services.
SENATOR SEEKINS asked if this bill would create two classes of
permittees - one for the homeowner for non-commercial control,
the other for a professional who is compensated and that person
would be regulated by ADF&G.
MS. TUPOU said that is correct but it is up to the department as
to whether it wants to issue permits. She said if she called
ADF&G about a wild animal in her yard, ADF&G could confer with
her about her plan of action and grant her authority to carry it
out. Otherwise, ADF&G could choose to refer her to a list of
licensed professionals.
SENATOR SEEKINS commented that anyone making money must have a
license.
SENATOR WAGONER asked whether this legislation has been reviewed
to ensure compliance with federal law.
MS. TUPOU said that ADF&G will have to address compliance with
federal laws.
MR. GORDY WILLIAMS, legislative liaison to ADF&G, informed
committee members that SB 147 is identical, with the exception
of the effective date, to SB 205, which passed the Senate last
year but did not make it through the House prior to adjournment.
ADF&G worked with Senator Green last year; its concerns were
addressed in that bill and are contained in SB 147. The
effective date of July 1, 2004 in SB 147 will provide ample time
to allow the Board of Game to adopt regulations. ADF&G also
requested the language on page 2, paragraph B, [Sec. 4] that
pertains to permitting be included. He stated the bill provides
two routes to address problems: the licensing of commercial
entities and permits to individuals issued by ADF&G. He stated
support for SB 147.
MR. DOUG LARSEN, Assistant Director of the Division of Wildlife
Conservation, ADF&G, said when this legislation was discussed
last year, ADF&G and the Department of Transportation and Public
Facilities had differing opinions on how beaver would be
addressed. He asked if that issue was resolved.
MR. WILLIAMS said it was resolved. Currently, DOTPF deals with
beaver problems on a case-by-case basis. It wanted blanket
authority to get an annual permit for a specific area. ADF&G and
DOTPF have addressed that concern.
CHAIR OGAN asked what animals will come under the purview of
this bill.
MR. DOUG LARSEN, Assistant Director of the Division of Wildlife
Conservation, ADF&G, said that hunting seasons are open for
several species of small animals, however people cannot
discharge a firearm within city limits. In addition, some people
are unable to, or might not want to, deal with an animal
themselves.
CHAIR OGAN asked if the Board of Game could write regulations to
encourage humane capture rather than killing.
MR. LARSEN said he envisions the board setting up guidelines for
these permits so that every effort would be made to rid the
animal with non-lethal actions; lethal actions would be used as
a last resort.
SENATOR LINCOLN said when she lived in Fairbanks, her neighbor
loved pigeons and encouraged their presence by feeding them. At
first, a few pigeons perched on the neighbor's house but, within
a short period of time, the number multiplied and many perched
on her home. She asked how ADF&G would address that situation.
MR. LARSEN said that is a good question. He felt any time a
person attracts an animal, there will have to be [special]
provisions. He said as an example, ADF&G does all it can to
discourage people from doing certain things that attract bears,
such as putting out birdseed. He said he believes ADF&G would
want to approach the nuisance wildlife animal issue similarly.
He pointed out that pigeons are classified as deleterious exotic
wildlife so there is no limit and no season.
SENATOR SEEKINS asked for a definition of "small mammal" and
whether it includes coyotes.
MR. LARSEN said ADF&G does not have a definition in its
regulations. The Board of Game will have to figure out what
species fall in that category. ADF&G would consider coyotes to
be a small mammal but it is up to the board to decide whether to
include them.
MS. TUPOU noted that members' packets contain a list of small
mammals suggested by constituents that should be included.
SENATOR ELTON asked if there is a reason that invasive species,
such as Northern Pike, were not included.
MR. LARSEN replied, "...I believe that they are. When we talk
about deleterious exotic wildlife, we're talking strictly on the
wildlife side and not the fish side but there are exotic
examples on the fish side, as well as plant communities that are
classified so I think that those are covered but they're just
not covered in the wildlife side."
SENATOR ELTON asked if those species could be included under the
business permit from ADF&G.
MR. LARSEN said he hadn't thought about fish related resources
and does not know how that would be handled. He said the bill is
specific to nuisance wild birds and nuisance wild animals so he
assumes fish and plant species would not be included for the
purposes of this bill.
MR. WILLIAMS added that ADF&G is developing an invasive species
policy and that he would get back to members with more
information.
CHAIR OGAN took public testimony.
MR. ROBERT DURAN, a resident of Wasilla, told members he has a
vested interest in this legislation as he started a business
last year named Nuisance Wildlife Management. He has been in
constant contact with ADF&G, the U.S. Fish and Wildlife
Protection Agency, the Alaska State Troopers, the U.S. Fish and
Wildlife Service and local animal control shelters about this
issue. He supports this legislation.
MR. DURAN said with more and more development in the
Southcentral area, there is more impact from wildlife. He is not
always able to respond to the phone calls he gets about nuisance
wildlife because a particular species might be outside of the
regular hunting or trapping season. Alaska law contains a
provision for defense of life and property, but the individual
homeowner would have to deal with the animal him or herself.
Oftentimes, that is not possible because the person may not have
the equipment to do so or is physically incapable of doing so.
He believes his business will be able to assist government
agencies with nuisance wildlife complaints, as they do not have
the time to deal with them. He has received a positive response
from those agencies. He told members that nuisance wildlife
businesses are operating in the Lower 48; they relieve a great
deal of pressure from wildlife management agencies. He said,
regarding endangered or other species that come under federal
jurisdiction, his business would be accountable to the U.S. Fish
and Wildlife Service. He pointed out that nuisance mammals can
be taken live.
SENATOR LINCOLN asked Mr. Duran to respond to the pigeon
scenario she described earlier.
MR. DURAN said he would set a live trap for those birds, remove
them from the premises and try to relocate them. He said that
pigeon droppings near ventilation systems can cause illness. He
would not want to cause strife between neighbors so he would
have to address both parties and then act in the best interest
of all of the people involved.
CHAIR OGAN said that geese are very messy and considered to be a
nuisance by many people. He asked how one would relocate a goose
and whether Mr. Duran anticipates having to deal with wild
geese.
MR. DURAN said he does and has already received one call from a
local golf course owner. He said it is not feasible to relocate
a bird that is capable of flying hundreds of miles at a time.
However, effigies could be put up on properties to discourage
them from stopping on that property. He said by effigies, he is
referring to predator decoys or loud noisemakers.
5:00 p.m.
CHAIR OGAN noted that this legislation already made it through
the Senate last year and is not terribly controversial so he is
willing to move it from committee.
SENATOR WAGONER moved SB 147 from committee with individual
recommendations and its attached fiscal notes.
CHAIR OGAN announced that without objection, the motion carried.
There being no further business to come before the committee, he
adjourned the meeting at 5:02 p.m.
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