Legislature(2007 - 2008)BUTROVICH 205

02/18/2008 03:30 PM Senate RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 165 BIG GAME GUIDES AND TRANSPORTERS TELECONFERENCED
Moved HB 165 Out of Committee
*+ SB 176 ACTIVE GAME MANAGEMENT/AIRBORNE SHOOTING TELECONFERENCED
Moved CSSB 176(RES) Out of Committee
= SB 253 BOARD OF GAME
Moved SB 253 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 165-BIG GAME GUIDES AND TRANSPORTERS                                                                         
                                                                                                                                
CHAIR HUGGINS announced the consideration of HB 165.                                                                            
                                                                                                                                
3:47:37 PM                                                                                                                    
REPRESENTATIVE  GABRIELLE   LeDOUX,  Alaska   State  Legislature,                                                               
sponsor of HB  165, reminded members that it was  heard last year                                                               
and  held in  order  to  give the  Department  of  Law (DOL)  and                                                               
Department of  Public Safety  (DPS) an  opportunity to  weigh in.                                                               
She reported that DOL said the  bill doesn't raise any issues for                                                               
that department, and  although DPS was notified  of this hearing,                                                               
there was no response; she surmised no news is good news.                                                                       
                                                                                                                                
REPRESENTATIVE  LeDOUX  recapped  that in  1996  legislation  was                                                               
passed to  define big game hunters,  outfitters, and transporters                                                               
and   to   provide   regulations    for   licensing   and   other                                                               
considerations. However,  it had  no provision  for a  person who                                                               
simply wants  to rent  a cabin to  people who may  or may  not be                                                               
hunting.                                                                                                                        
                                                                                                                                
REPRESENTATIVE LeDOUX  pointed out that many  rural Alaskans have                                                               
cabins that are  empty for part of the year  and this bill allows                                                               
them  to  rent their  cabins  without  falling  into any  of  the                                                               
regulations found in the 1996  statute.  Rural residents have few                                                               
economic opportunities,  and this provides  one.  She  added that                                                               
members of  the Big  Game Commercial  Services Board  have worked                                                               
with her  office to  craft a bill  that protects  their interests                                                               
while allowing  others to do  business.  She deferred  to Suzanne                                                               
Hancock, who'd worked  on the bill with the  constituent whose e-                                                               
mail brought this issue to their attention.                                                                                     
                                                                                                                                
3:49:55 PM                                                                                                                    
SUZANNE  HANCOCK,  Staff  to  Representative  LeDoux,  noted  the                                                               
aforementioned  constituent  was   on  teleconference.  She  said                                                               
others  including outdoor  groups have  weighed in  on behalf  of                                                               
individuals who  wish to  simply rent out  a cabin  without being                                                               
present or providing accommodations or  acting as an outfitter or                                                               
guide.                                                                                                                          
                                                                                                                                
CHAIR HUGGINS asked if anyone opposed this bill.                                                                                
                                                                                                                                
MS. HANCOCK  replied this  only takes care  of cabins  on private                                                               
land and state and federal cabins  on state and federal land; the                                                               
one individual she  heard from wanted the bill to  be expanded to                                                               
cover private  cabins on leased land.   The main reason  that was                                                               
decided against  is because several  groups such as the  Big Game                                                               
Commercial Services  Board remembered  that is  what led  to this                                                               
law in the first place. In  the 1980s some people falsely claimed                                                               
to  be  outfitters and  it  sometimes  involved leased  property.                                                               
Adding leased land would muddy a simple situation.                                                                              
                                                                                                                                
SENATOR  WAGONER asked  if the  person  who was  renting out  the                                                               
cabins was a transporter or guide.                                                                                              
                                                                                                                                
MS. HANCOCK answered no.                                                                                                        
                                                                                                                                
SENATOR WAGONER went  on to ask if he had  a business license and                                                               
his business was renting cabins  or hotel rooms, what current law                                                               
prevents him from renting that cabin or hotel room to a hunter.                                                                 
                                                                                                                                
MS. HANCOCK offered to find out, saying it might take a minute.                                                                 
                                                                                                                                
CHAIR HUGGINS asked how renting  out a cabin differs from renting                                                               
out a motel room.                                                                                                               
                                                                                                                                
MS. HANCOCK responded  that Mr. Metzger hadn't  thought there was                                                               
anything wrong with  renting his cabin until  the troopers showed                                                               
up and said he wasn't supposed to do that.                                                                                      
                                                                                                                                
3:53:40 PM                                                                                                                    
RICK METZGER, rural property owner  from Kodiak Island, specified                                                               
that he  supports HB 165  and participated in developing  HB 165.                                                               
He  explained that  he  hadn't been  renting  cabins for  several                                                               
years,  because in  November  2006  he was  shut  down by  Kodiak                                                               
enforcement. He was  told because the word  "usually" was removed                                                               
from the  definition of "field" in  August 2006 and by  renting a                                                               
cabin in  an area not associated  with a city, town,  or village,                                                               
he was in violation of the definition of "field."                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI  cited AS  08.54.790,  saying  there is  no                                                               
"usually"  associated with  it. He  asked where  that ties  in so                                                               
that a person cannot rent out a cabin or house.                                                                                 
                                                                                                                                
MR. METZGER  referred to  the outfitting  portion of  the "field"                                                               
definition,  saying it  had some  mention of  facilities, but  he                                                               
didn't have  it in  front of  him.  Noting  it got  confusing and                                                               
convoluted,  Mr.  Metzger added  that  he  had a  state  business                                                               
license  and   lots  of  correspondence  from   the  Division  of                                                               
Occupational  Licensing saying  it was  okay to  rent the  cabins                                                               
until the time the troopers  came and interpreted it differently.                                                               
In response  to Senator Wagoner,  he said he isn't  a transporter                                                               
or big  game guide,  just a  property owner.   The  violation was                                                               
because he  isn't in  an area  associated with  a city,  town, or                                                               
village.                                                                                                                        
                                                                                                                                
CHAIR HUGGINS apologized for the bureaucracy.                                                                                   
                                                                                                                                
MR. METZGER added this was one  opportunity for folks who live in                                                               
desirable  hunting  areas to  make  a  modest income  from  their                                                               
property and he had lost that opportunity.                                                                                      
                                                                                                                                
JIM PETERSON voiced support for HB 165,  noting that he is one of                                                               
the few  people who  live in  Deadman Bay  in the  summertime and                                                               
that he has  known Rick Metzger since 1965.   He said Mr. Metzger                                                               
was providing a  service so that modest-income  people could rent                                                               
a cabin  and enjoy the  beauty of southern Kodiak  Island without                                                               
hiring a guide. It brings joy  to people and he saw nothing wrong                                                               
with what he was doing.                                                                                                         
                                                                                                                                
3:59:21 PM                                                                                                                    
ROBERT FITHIAN,  Executive Director, Alaska  Professional Hunters                                                               
Association,  said his  group supports  the bill,  which fixes  a                                                               
loophole that  prevents people like  Mr. Metzger from  doing what                                                               
is right.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LeDOUX, in response  to Chair Huggins, noted she'd                                                               
asked  staff  to distribute  a  letter  that  says the  1996  law                                                               
changed  the  definition  of "field"  by  taking  out  "usually."                                                               
Although  she  didn't know  whether  including  "usually" made  a                                                               
difference, she  surmised because  of the change  in the  law the                                                               
Department of  Public Safety (DPS) enforced  it more stringently.                                                               
Prior to that, Mr. Metzger  could rent his cabins, but afterwards                                                               
he couldn't because under the  regulations this area is outside a                                                               
city or a township.                                                                                                             
                                                                                                                                
SENATOR GREEN  asked if the  bill even covers Mr.  Metzger, since                                                               
language  on  lines 5-6  it  says  "with  the intent  to  receive                                                               
compensation, only accommodations to a big game hunter".                                                                        
                                                                                                                                
4:02:55 PM                                                                                                                    
REPRESENTATIVE LeDOUX  referred to paragraph (9),  which adds new                                                               
language, "excluding the provision  of accommodations by a person                                                           
described in  AS 08.54.875".  She said  this allows  someone like                                                           
Mr. Metzger  to  provide  services without  being  considered  an                                                               
outfitter.                                                                                                                      
                                                                                                                                
SENATOR GREEN  again read from  line 6 that said  "the provisions                                                               
of  this  chapter  do  not   apply  to  a  person  providing  for                                                               
compensation...only accommodations  to a big  game hunter  in the                                                               
field  as"  and  asked  whether  that was  in  essence  a  double                                                               
negative.                                                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  said he  thought 08.54.720(a)(11)  said "it                                                               
is  unlawful for  a  person without  a  current registered  guide                                                               
outfitter license to knowingly outfit  the big game hunt, provide                                                               
outfitting services, and  so on."  The definition  of "outfit" in                                                               
AS 08.54.790(9) means  "to provide for compensation,  or with the                                                               
intent to receive compensation,  services, supplies or facilities                                                               
to a big game hunter in the field."                                                                                             
                                                                                                                                
Removing  "usually" changed  the definition  of "field"  slightly                                                               
and he agreed with Representative  LeDoux that it probably didn't                                                               
matter. But the  troopers interpreted that to mean  if someone is                                                               
"in the  field", it  is unlawful  to do this  and he  thought the                                                               
bill fixed the problem.                                                                                                         
                                                                                                                                
SENATOR  GREEN asked  where the  bill  fixes it  for someone  who                                                               
isn't hunting.                                                                                                                  
                                                                                                                                
4:05:16 PM                                                                                                                    
SENATOR STEVENS replied that situation is already okay.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  concurred, adding  this bill  only pertains                                                               
to big game hunters.                                                                                                            
                                                                                                                                
SENATOR GREEN  recalled, however, that  the problem arose  when a                                                               
nonhunter was renting the cabin.                                                                                                
                                                                                                                                
SENATOR STEVENS  requested confirmation that a  cabin can already                                                               
be  rented to  someone who  isn't hunting,  but that  the problem                                                               
arises when the person is a big game hunter.                                                                                    
                                                                                                                                
REPRESENTATIVE  LeDOUX   affirmed  that,  apologizing   if  she'd                                                               
indicated  otherwise. If  it was  a photographer,  there'd be  no                                                               
problem, but  it becomes a  crime if someone  has a gun  with the                                                               
intention of shooting something.                                                                                                
                                                                                                                                
SENATOR GREEN asked if that applies  even to a casual hunter, not                                                               
a guide, outfitter, and so on.                                                                                                  
                                                                                                                                
REPRESENTATIVE  LeDOUX said  that is  the  way the  law is  being                                                               
interpreted and enforced now.                                                                                                   
                                                                                                                                
SENATOR STEDMAN  noted line 9  speaks to  a waiver for  state and                                                               
federal  cabins on  state or  federal land.   He  asked what  the                                                               
state policy is for renting state cabins to a big game hunter.                                                                  
                                                                                                                                
4:06:26 PM                                                                                                                    
MS. HANCOCK answered, because many  times those cabins are rented                                                               
to hunters,  this language  was meant to  clarify that.  She said                                                               
that a person shooting rabbits or  deer can still be considered a                                                               
big game hunter.                                                                                                                
                                                                                                                                
SENATOR  STEDMAN  asked  if  the   state  is  renting  cabins  to                                                               
registered guides.                                                                                                              
                                                                                                                                
MS. HANCOCK  replied she didn't know.  She also didn't know  if a                                                               
mechanism exists to allow the  state to determine whether someone                                                               
renting a state cabin is a licensed guide.                                                                                      
                                                                                                                                
4:07:20 PM                                                                                                                    
PAUL  JOHNSON, Chair,  Big Game  Commercial Services  Board, said                                                               
this goes  back to 1990,  when a task  force was put  together to                                                               
define "transporters  and guides" and  it also defined  "field or                                                               
cabins" and what  would be allowed. At that time  it said through                                                               
regulation, not  statute, a person  had to have a  transporter or                                                               
big game  license to  do those kinds  of activities  and probably                                                               
Mr. Metzger's situation was not  considered. It has nothing to do                                                               
with things like  photography; it's just if  you're taking people                                                               
out for big game hunting.                                                                                                       
                                                                                                                                
He further explained that the  language was put back into statute                                                               
when the  board was sunsetted in  1996; prior to that,  it was in                                                               
regulation.  When  the Big  Game  Commercial  Services Board  was                                                               
reauthorized last year that language  was left in statute and not                                                               
put in  regulation, so the  board couldn't  act on it  in dealing                                                               
with Mr. Metzger.                                                                                                               
                                                                                                                                
MR. JOHNSON clarified  that it wasn't  that Mr.  Metzger couldn't                                                               
do what he was doing, but he  would have had to get a transporter                                                               
license,  which  Mr.  Metzger felt  was  unnecessary.  The  board                                                               
agreed  and asked  Mr. Metzger  to work  with a  board member  to                                                               
assist in  changing the statute.  The bill is a  solid compromise                                                               
on  who must  have  a  transporter license  and  who doesn't  and                                                               
allows Mr. Metzger to do what he was doing.                                                                                     
                                                                                                                                
4:10:50 PM                                                                                                                    
MR. JOHNSON said  the reason the Department of  Public Safety got                                                               
involved  is because  when  the board  was  restarted, it  wasn't                                                               
paying any attention  to any of those rules  and regulations from                                                               
1996 and when this statute came through, it came to the surface.                                                                
                                                                                                                                
SENATOR  GREEN asked  why leased  lands weren't  included in  the                                                               
bill.                                                                                                                           
                                                                                                                                
MR.  JOHNSON  replied  that  those  issues all  came  up  at  the                                                               
original 1990  task force when  people interested in  game wanted                                                               
to  go in  every direction.  Therefore the  department felt  that                                                               
people with  leased land should  have a  $250-transporter license                                                               
and make annual reports so everyone  would "have a feel" for what                                                               
was going on.  The board felt that was an  intrusion upon private                                                               
land owners  and that they  shouldn't be included in  the process                                                               
and he agreed that it would muddy the waters.                                                                                   
                                                                                                                                
SENATOR GREEN asked  if Mr. Metzger had been on  leased land, the                                                               
board wouldn't have had the same interest.                                                                                      
                                                                                                                                
MR. JOHNSON replied probably; the  board was mainly interested in                                                               
how private  land owners  are treated  versus people  with leased                                                               
land. Having leased lands included  in the provisions would cause                                                               
problems,  he  said, and  federal  lands  have always  had  their                                                               
public use cabins.                                                                                                              
                                                                                                                                
SENATOR GREEN asked who would be  the typical owner of the leased                                                               
land.                                                                                                                           
                                                                                                                                
MR. JOHNSON replied the state.                                                                                                  
                                                                                                                                
SENATOR GREEN asked if it is okay  to have a state cabin to lease                                                               
but not a privately-owned cabin on state land.                                                                                  
                                                                                                                                
MR. JOHNSON replied that most  state/federal cabins can't legally                                                               
be leased to people in commercial services.                                                                                     
                                                                                                                                
4:13:38 PM                                                                                                                    
SENATOR GREEN asked if he risks  being caught if he does rent one                                                               
of those cabins.                                                                                                                
                                                                                                                                
MR. JOHNSON replied  that he would risk being  caught because his                                                               
permit states specifically that is not allowed.                                                                                 
                                                                                                                                
CHAIR HUGGINS said some people  have cabins in preserves around a                                                               
park and asked what that land status is.                                                                                        
                                                                                                                                
4:14:13 PM                                                                                                                    
MR. JOHNSON replied for instance, that  Dry Bay Unit 5 in Yakutat                                                               
is on preserved land and the  guide there has a guide license. If                                                               
he wanted  to transport  off that  land, he would  need to  get a                                                               
transporter license.  This unit has  leased cabins on it  and the                                                               
commercial entities using them need to be licensed.                                                                             
                                                                                                                                
SENATOR McGUIRE said in 1990 the  issue was abuse by the big game                                                               
guides some  of whom transported  and guided without  any control                                                               
or regulation. The legislature tried  to identify two pathways to                                                               
oversee  that. She  asked why,  philosophically, the  state would                                                               
say someone  who is leasing  out a cabin  on state land  that has                                                               
been  in their  family for  50 years  has to  have a  transporter                                                               
license;  but  seven  miles  away  someone else  who  has  had  a                                                               
privately owned cabin  for two years would not have  to have that                                                               
transporter license.                                                                                                            
                                                                                                                                
4:15:52 PM                                                                                                                    
MR. JOHNSON  replied philosophically  it boils  down to  the fact                                                               
that the state leases with DNR vary  from 30, 60, 90 and 180 days                                                               
and discusses whether the cabin is  a tent platform. If one would                                                               
look at an advertised activity on  big game in Alaska, they would                                                               
be  amazed at  how  many people  are trying  to  work around  the                                                               
state's present  laws. For  now, the concern  is that  people who                                                               
have private lands  can proceed without having to  go through the                                                               
state's bureaucracy.                                                                                                            
                                                                                                                                
4:16:59 PM                                                                                                                    
SENATOR WAGONER said he has a  lease on state property along with                                                               
a lot  of other people and  it's called a duck  shack. He thought                                                               
they were  precluded in  the lease from  some uses,  because it's                                                               
primarily for  seasonal use. Some commercial  fishermen wanted to                                                               
rent it  from him,  but they  couldn't. He  said the  state would                                                               
like to get rid of all the cabins on leased property.                                                                           
                                                                                                                                
4:17:59 PM                                                                                                                    
MR. JOHNSON  commented that  he also has  a Forest  Service cabin                                                               
that has been in the family  for many generations. But it will be                                                               
burned down at  the point of his son's death.  The permit is very                                                               
strict and  doesn't allow him  to use it for  commercial purposes                                                               
at all.                                                                                                                         
                                                                                                                                
SENATOR  McGUIRE remarked  that only  1  percent of  all land  in                                                               
Alaska is  in private  ownership. She remembers  going to  a duck                                                               
shack  and it  is sad  that her  child would  not have  that same                                                               
opportunity.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI asked who this bill applies to.                                                                            
                                                                                                                                
MR.  JOHNSON  replied it  is  only  for  people  who are  in  the                                                               
commercial aspect  of big game.   If you are making  money off of                                                               
big game, the state wants to know what you are doing.                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI asked  what  percentage of  big game  hunts                                                               
involves Alaskans as opposed to people from outside Alaska.                                                                     
                                                                                                                                
MR.  JOHNSON replied  that  it varies  throughout  the state.  He                                                               
understands from  Mr. Metzger that  over half of his  clients are                                                               
residents taking advantage of the  permit draw in Kodiak for bear                                                               
and deer. But in  many areas of the state it  is 100 percent non-                                                               
residents.                                                                                                                      
                                                                                                                                
4:20:54 PM                                                                                                                    
SENATOR STEDMAN  went back to  line 9  that deals with  cabins on                                                               
state and federal  land saying that commercial  guides can't rent                                                               
those - in  the Tongass for instance. He asked  why the state and                                                               
federal issues are in the bill.                                                                                                 
                                                                                                                                
MR.  JOHNSON answered  even though  the federal  government never                                                               
followed  them until  1990; the  state statutes  said if  someone                                                               
rented one, they were supposed to  be a transporter. It was never                                                               
enforced.  He said  the only  one it  was enforced  upon was  Mr.                                                               
Metzger.                                                                                                                        
                                                                                                                                
SENATOR  STEDMAN asked  if the  definition of  "state" was  broad                                                               
enough to include municipalities.                                                                                               
                                                                                                                                
MR. JOHNSON  replied yes; municipalities  would be  covered under                                                               
the definition of "field."                                                                                                      
                                                                                                                                
4:22:45 PM                                                                                                                    
SENATOR GREEN asked if Senator  Wagoner could take friends to his                                                               
duck shack  and could they  shoot from  there even if  they don't                                                               
bring the food and drink.                                                                                                       
                                                                                                                                
SENATOR WAGONER replied yes, but he can't receive money for it.                                                                 
                                                                                                                                
CHAIR HUGGINS  asked if  a transporter  flew a  hunter in  to Mr.                                                               
Metzger's lake-side cabin would this provision apply.                                                                           
                                                                                                                                
MR. JOHNSTON replied no  - if the hunter was flown  in and he was                                                               
not   compensating   the   pilot   (under   the   definition   of                                                               
"compensation", which is more than in-kind).                                                                                    
                                                                                                                                
CHAIR HUGGINS  asked what  if he  paid a  transporter to  fly him                                                               
out.                                                                                                                            
                                                                                                                                
MR.  JOHNSON replied  if the  transporter  used a  point-to-point                                                               
rate,  a transporter  license would  not  be needed.  But if  the                                                               
transporter was charging  for his knowledge of where  to take the                                                               
hunter, then  he would  be selling  a hunt and  then he  needs to                                                               
have  a transporter  license.  If the  cabin  belongs to  Senator                                                               
Wagoner who  is not  charging for its  use, nothing  is required.                                                               
They  are trying  to legitimize  a situation  like Mr.  Metzger's                                                               
where he is  advertising and getting compensation for  the use of                                                               
a cabin.                                                                                                                        
                                                                                                                                
4:25:50 PM                                                                                                                    
CHAIR HUGGINS asked  what if the assistant guide  were there that                                                               
got off  at the  lake and stayed  in the cabin  to chase  a brown                                                               
bear with Senator Stevens.                                                                                                      
                                                                                                                                
MR.  JOHNSON  replied  if  the  assistance  guide  was  operating                                                               
without a registered  guide or master guide, there  would be some                                                               
complications.                                                                                                                  
                                                                                                                                
CHAIR HUGGINS instructed assume all three were there.                                                                           
                                                                                                                                
MR. JOHNSON  responded then  the hunter has  a contract  with the                                                               
registered guide  and he would be  good to go. He  explained that                                                               
Mr.  Metzger  was  acting  legally,  but  he  needed  to  have  a                                                               
transporter license. This  bill says that now he  doesn't need to                                                               
do that.                                                                                                                        
                                                                                                                                
4:26:55 PM                                                                                                                    
SENATOR WIELECHOWSKI  said it  is virtually  impossible to  get a                                                               
state cabin in  Southcentral to recreate and asked  if this would                                                               
let big game hunters rent out state cabins.                                                                                     
                                                                                                                                
MR. JOHNSON replied no; DNR  doesn't allow that. Those cabins are                                                               
for public use, not commercial use.                                                                                             
                                                                                                                                
4:27:37 PM                                                                                                                    
SENATOR  WAGONER  moved to  report  HB  165 from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being  no objections  and  HB 165  was moved  out  of the  Senate                                                               
Resources Standing Committee.                                                                                                   

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