Legislature(1995 - 1996)

02/19/1996 02:42 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE RESOURCES COMMITTEE                                  
                       February 19, 1996                                       
                           2:42 P.M.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Loren Leman, Chairman                                                 
 Senator Drue Pearce, Vice Chairman                                            
 Senator Robin Taylor                                                          
 Senator Georgianna Lincoln                                                    
 Senator Lyman Hoffman                                                         
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Steve Frank                                                           
 Senator Rick Halford                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 257                                                           
 "An Act relating to the taking of game or fish for public safety              
 purposes."                                                                    
                                                                               
 SENATE BILL NO. 278                                                           
 "An Act relating to the authority of the Department of Natural                
 Resources to allow credits against fees at state historical parks."           
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 257 - No previous action to consider.                                      
                                                                               
 SB 278 - No previous action to consider.                                      
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Senator Fred Zharoff                                                          
 State Capitol                                                                 
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Sponsor of SB 257.                                     
                                                                               
 Captain Richard Graham                                                        
 Division of Wildlife Protection                                               
 Department of Public Safety                                                   
 50700 E. Tudor Rd.                                                            
 Anchorage, AK 99507                                                           
  POSITION STATEMENT:   Commented on SB 257.                                   
                                                                               
 Ken Taylor, Deputy Director                                                   
 Division of Wildlife Conservation                                             
 Department of Fish and Game                                                   
 P.O. Box 25526                                                                
 Juneau, AK 99802-5526                                                         
  POSITION STATEMENT:   Commented on SB 257.                                   
                                                                               
 Wayne Regelin, Director                                                       
 Division of Wildlife Conservation                                             
 Department of Fish and Game                                                   
 P.O. Box 25526                                                                
 Juneau, AK 99802-5526                                                         
  POSITION STATEMENT:   Supported SB 257.                                      
                                                                               
 Joe Ambrose, Chief of Staff                                                   
 Senator Robin Taylor                                                          
 % State Capitol Bldg.                                                         
 Juneau, AK 99801-1182                                                         
  POSITION STATEMENT:   Sponsor of SB 278.                                     
                                                                               
 Jim Stratton, Director                                                        
 Division of Parks and Outdoor Recreation                                      
 Department of Natural Resources                                               
 3601 C St., Ste. 1200                                                         
 Anchorage, AK 99503                                                           
  POSITION STATEMENT:   Supported SB 278.                                      
                                                                               
 William Garry                                                                 
 Chilkat Bald Eagle Preserve Advisory Council                                  
 Division of Parks and Outdoor Recreation                                      
 Department of Natural Resources                                               
 3601 C St., Ste. 1200                                                         
 Anchorage, AK 99503                                                           
  POSITION STATEMENT:   Available for answering questions on SB 278.           
                                                                               
 Michael Rody                                                                  
 Ketchikan Gateway Borough                                                     
 433 Front St.                                                                 
 Ketchikan, AK 99901                                                           
  POSITION STATEMENT:   Supported SB 278.                                      
                                                                               
 Craig Moore, Member                                                           
 Ketchikan Area State Parks Advisory Board                                     
 P.O. Box 5776                                                                 
 Ketchikan, AK 99901                                                           
  POSITION STATEMENT:   Supported SB 278.                                      
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 96-16, SIDE A                                                           
                                                                               
 Number 001                                                                    
 SRES 2/19/96                                                                  
                                                                               
          SB 257 TAKING FISH OR GAME FOR PUBLIC SAFETY                        
                                                                              
  CHAIRMAN LEMAN  called the Senate Resources Committee meeting to             
 order at 3:42 p.m. and announced  SB 257  to be up for consideration.         
                                                                               
 SENATOR ZHAROFF, sponsor of SB 257, thanked the Committee for                 
 scheduling the bill and said it addresses the interaction between             
 bears and humans particularly in the fall.  He said there are some            
 legal mechanisms in place now for protection of life and property,            
 but in many cases there is a concern that when a peace officer is             
 asked to take care of the problem, they are facing possible                   
 litigation as a result of not doing it correctly.                             
                                                                               
 SB 257 gives the authority to the Commissioner to authorize the               
 taking of fish and game for public safety purposes.  The second               
 portion gives the Board of Game the power to adopt regulations                
 regarding public safety and welfare.  He found last fall that the             
 Board of Game needs statutory language to be able to identify and             
 actually authorize someone to take care of the problem.  The intent           
 is not to arbitrarily take the predator at any notice.  It does set           
 up the mechanism so the Board of Game could develop the regulations           
 and guidelines that are necessary.                                            
                                                                               
 SENATOR ZHAROFF said the main problem seems to center on garbage              
 bears who have gone beyond the dumps and are actually wandering in            
 and out of communities.  It concerns mostly the safety of children            
 in the fall time of year.                                                     
                                                                               
 Number 97                                                                     
                                                                               
 SENATOR LEMAN asked if this bill authorized the Department to stop            
 someone from harvesting for public safety reasons.  SENATOR ZHAROFF           
 said he thought that mechanisms were already in place for any                 
 endangerment of losing your property or if there is a life                    
 threatening situation.                                                        
                                                                               
 SENATOR LEMAN said he was concerned that the bill not go beyond               
 what Senator Zharoff is trying to accomplish.                                 
                                                                               
 Number 111                                                                    
                                                                               
 SENATOR TAYLOR said he was trying to understand why it was so                 
 difficult to put down a bear in Angoon when in Juneau two years ago           
 17 bears were killed.                                                         
                                                                               
 SENATOR LINCOLN said the copy of the memo from Commissioner Rue to            
 Commissioner Otte says one of the solutions would be for a VPSO to            
 have a permit if there wasn't a biologist or protection officer in            
 the community.  Her community of Rampart doesn't have any type of             
 protection officer and she asked if that meant the village could              
 not take matters into their own hands.                                        
                                                                               
 SENATOR ZHAROFF said he hoped the Board of Game could address that            
 issue.                                                                        
                                                                               
 SENATOR LINCOLN said she hoped the Board would take into                      
 consideration those communities, like Rampart, that don't have any            
 protection at all, because when a bear is in your smoke house you             
 can't wait to get permission or wait for an official to arrive.               
                                                                               
 SENATOR ZHAROFF said this bill is not an incentive to go out and              
 actually dispose of a bear, but to protect the public and to make             
 the public feel there is some cooperation between the State and               
 municipalities.                                                               
                                                                               
 SENATOR TAYLOR asked if he was informed that the Commissioner does            
 not have authority today to take a predator.  SENATOR ZHAROFF said            
 the Department would have to address that, but he knew that the               
 Commissioner does have the authority in a life threatening                    
 situation.                                                                    
                                                                               
 Number 210                                                                    
 CAPTAIN RICHARD GRAHAM, Department of Public Safety, said one of              
 his concerns at this point is who will be authorized to do the                
 "taking."  Although, they feel it would be some sort of official.             
  In speaking with Colonel Godfrey, Director, Alaska State Troopers,           
 he found that he has some real concern with village public safety             
 officers becoming involved because of liability.  Village public              
 safety officers may or may not have training in animal behavior and           
 they receive very little, if any, firearms training.   He said he             
 wanted to work with the villagers on this issue.                              
                                                                               
 SENATOR TAYLOR said he wanted someone to comment on the Haines                
 police officer being cited for shooting a bear.  CAPTAIN GRAHAM               
 said he would research that and get back to him with the                      
 information.                                                                  
                                                                               
 KEN TAYLOR, Deputy Director, Division of Wildlife Conservation,               
 said that SB 257 essentially expands the authority to permit the              
 taking of game for public safety reasons.  During the past sessions           
 of the Board of Game they have wrestled with several issues                   
 involving public safety in relation to wildlife and the Department            
 of Law has expressed concern that the Board does not really have              
 the authority to address public safety as a primary issue.  So one            
 section in the bill addresses that.                                           
                                                                               
 MR. TAYLOR said the taking of game, while it is implicit in the               
 powers and duties of the Commissioner, it isn't explicitly stated.            
 It is important for the Commissioner to have the legal authority to           
 delegate the taking to another individual.  If this legislation did           
 pass, they would work with the Department of Public Safety and                
 villages that have recurrent problems to address this issue.  They            
 have problems with more than just bears, like with moose, also.               
                                                                               
 SENATOR LEMAN asked if this would affect the three resident moose             
 who live in his neighborhood who aren't causing any problems aside            
 from eating decorative trees.  He asked if someone could use this             
 as authority to take them even if they aren't life threatening.               
 MR. TAYLOR answered that it alleviates the Department of Law's                
 concerns over their current defense of life and property                      
 regulation.  Nothing in this legislation would open opportunities             
 for the general public to take problem wildlife.  This basically              
 makes it explicit in statute that the Commissioner does have the              
 authority to take wildlife that would allow him to delegate that              
 authority to the Department of Public Safety or DNR, if necessary.            
 It also clarifies the Board of Game's authority in relationship to            
 passing regulations dealing with public safety issues.                        
                                                                               
 SENATOR LEMAN asked if a moose charging and stomping a dog team was           
 a different circumstance than trampling cabbages.  MR. TAYLOR                 
 replied that it would be and he doubted very much that a person               
 would be cited in that situation.                                             
                                                                               
 SENATOR TAYLOR said he wished he had the same confidence, because             
 he has seen people cited because a bear came into a prospecting               
 camp in the middle of the night and they killed it.  There is also            
 the situation in Haines where a police officer was cited for                  
 killing a bear.  He said there was almost an egalitarian presence             
 within the Department that says no other human being has the common           
 sense to make a decision when a bear can be killed.  MR. TAYLOR               
 said he thought this legislation would clarify those points.                  
                                                                               
 Number 351                                                                    
                                                                               
 SENATOR LEMAN asked if this would give the Department authority to            
 stop takings that might otherwise be occurring now.  He mentioned             
 an incident in Homer of a man who wanted to set a net and catch               
 fish and the Department was trying to stop him.  MR. TAYLOR said he           
 hadn't looked at the language from that standpoint.                           
                                                                               
 SENATOR LEMAN asked if the Board of Game now has regulations for              
 which it does not have statutory authority.  MR. TAYLOR answered              
 that the Department of Law was concerned with the defense of life             
 and property regulation and there is also a law on the books that             
 allows permits to destroy nuisance beavers that are cutting                   
 people's trees down, etc.  There are a number of others.                      
                                                                               
 SENATOR LEMAN asked if this bill would cover authority for the                
 mandatory hunter safety classes.  MR. TAYLOR answered that it would           
 cover the Department of Law's concern on that issue.                          
                                                                               
 SENATOR TAYLOR mentioned the memo from Commissioner Rue to                    
 Commissioner Otte saying he did not want to wait until a                      
 comprehensive wildlife human interaction plan is developed and                
 implemented before addressing the immediate problems faced by rural           
 residents.  SENATOR TAYLOR did not think it was the rural                     
 residents' problem, but rather a problem faced by the Department of           
 not having the legal authority for doing what they have been doing            
 for a period of time.                                                         
                                                                               
 MR. TAYLOR replied since statehood it has been implicit that the              
 Commissioner has had the authority to authorize the employees to              
 take animals.  Because that authority is not explicit in statute it           
 is very difficult to delegate to another entity.                              
                                                                               
 SENATOR TAYLOR asked what assurances they have in the legislature             
 that cleaning up the statutory language won't be used to expand the           
 number of people who can dispose of problem bears.  MR. TAYLOR                
 replied that at the fall Board of Game meeting this was discussed             
 extensively and it was decided that the first step would be to get            
 legislation introduced to allow a mechanism for both ADF&G and the            
 DPS to enter into a cooperative agreement to do this.  He had been            
 designated as the contact person for DPS to work out a solution to            
 this problem.                                                                 
                                                                               
 SENATOR HOFFMAN reiterated Senator Lincoln's question about someone           
 who had prepared their fish all summer and their winter supply was            
 being endangered by a bear.  MR. TAYLOR answered yes this                     
 legislation would clarify the defense of life and property law.               
 SENATOR LINCOLN added that is only if the regulations are written             
 so that they don't say village public safety officer or another               
 official.  She thought there should be another provision for                  
 communities where none of those official capacities exist.                    
                                                                               
 MR. TAYLOR replied that they hadn't worked through the details on             
 how the authority would be delegated from the Commissioner.  That             
 is part of the problem they are going to try to address.                      
                                                                               
 SENATOR TAYLOR thought that it was incomprehensible that the                  
 Department was able to act under inherent authority for 30 years              
 with such dispatch (over 17 bears shot in Juneau two years ago).              
 He also thought it was fascinating that someone would contemplate             
 that we need a comprehensive wildlife human interaction plan.                 
                                                                               
 Number 447                                                                    
                                                                               
 WAYNE REGELIN, Director, Division of Wildlife Conservation, said              
 they do have implicit authority that has been used for a long time            
 to take care of the problems when they have people on site.  In               
 today's litigation, if we went to court, the Department of Law                
 says, for taking bears like this, we would probably lose.  He said            
 they are looking ahead on this issue.  Also, in rural Alaska where            
 there are problems with bears, if it's not endangerment of life and           
 property, then the laws come into effect and people can shoot the             
 bear.  The problem is in villages like Angoon or King Cove where a            
 bear terrifies the villagers day after day.  It's not imminent                
 danger, but the village is terrified.  Now, he can't delegate                 
 someone who is there to fix the problem.  He didn't expect this to            
 happen very often.                                                            
                                                                               
 MR. REGELIN related the Homer incident where the entrance to  the             
 spit was not closed to fishing.  Someone put their net in the water           
 and when ADF&G tried to change it, they weren't able to because it            
 was only for the purpose of public safety.  That is why fish is               
 being kept in the bill.  The net was for personal use, he said. the           
 situation was taken care of by the Homer City Council because the             
 Board of Fish did not have the authority.  It's questionable that             
 the City Council had the authority, he added.                                 
                                                                               
 SENATOR ZHAROFF said he realized this bill was not a cure-all, and            
 they are working with communities to do other things like taking              
 care of their landfills.                                                      
                                                                               
 CAPTAIN GRAHAM pointed out the defense of life and property                   
 regulation would not necessarily go away with this legislation.               
                                                                               
 SENATOR TAYLOR said it sounded like common sense was not used in              
 the past in these prosecutions.  People know how to handle the bear           
 problem, but they are afraid of the bureaucrat problem.                       
                                                                               
 SENATOR HOFFMAN said that is exactly like an incident that happened           
 in Bethel this past fall.                                                     
                                                                               
 SENATOR TAYLOR said he had never seen a lot of common sense used in           
 the enforcement field when it came to prosecutions in these cases.            
 He didn't have any faith that merely because the Department is                
 given specific authority that we're going to somehow end up with              
 either better regulations, or more efficient enforcement, or more             
 assistance to people in rural areas.                                          
                                                                               
 SENATOR TAYLOR asked why they didn't just give municipalities the             
 authority to handle any animal problems within their cities.                  
                                                                               
 Number 575                                                                    
                                                                               
 SENATOR LINCOLN said she thought Senator Taylor's concerns were               
 addressed within the legislation to a great extent.                           
 MR. REGELIN commented that you can't legislate good judgement, but            
 in some cases he could delegate authority over the phone to solve             
 animal problems.  In most cases there is more time to deal with               
 these situations.                                                             
                                                                               
 SENATOR LINCOLN moved SB 257 from Committee with individual                   
 recommendations with the accompanying $0 fiscal note.                         
                                                                               
 TAPE 96-16, SIDE B                                                            
 Number 580                                                                    
                                                                               
 SENATOR TAYLOR objected for a comment.  He thought the legislature            
 maybe should authorize home rule cities to take care of animal                
 problems.  He said he had no objection to the bill and when it came           
 to Judiciary he would do everything he could to assist Senator                
 Zharoff.  He, then, removed his objection.                                    
                                                                               
 There were no objections and SB 257 passed from Committee.                    
 SRES 2/19/96                                                                  
                                                                               
        SB 278 CREDITS AGAINST FEES AT ST HISTORICAL PKS                      
                                                                              
 SENATOR LEMAN announced  SB 278  to be up for consideration.                  
                                                                               
 SENATOR TAYLOR said the purpose of the bill is to provide a                   
 mechanism so they can accomplish a land transfer that is in a                 
 parking lot to provide more parking for the Native Cultural Center.           
 It provides some reimbursement through a credit system.                       
                                                                               
 JOE AMBROSE, Legislative Aide to Senator Taylor, said SB 278 was              
 introduced to address concerns raised by the Ketchikan Area State             
 Parks Advisory Board and the Ketchikan Gateway Borough Assembly.              
 It provides a mechanism by which the Division of Parks and Outdoor            
 Recreation could acquire two small parcels of land adjacent to                
 Totem Bight State Historical Park.  The parcels are currently held            
 by Ketchikan Public Utilities (KPU) as the site of a diesel                   
 generation plant.  KPU plans to vacate the property which would               
 revert to the Ketchikan Gateway Borough.  SB 278 would allow DNR to           
 offer credits against fees paid by commercial tour operators for              
 payments made to a municipality for projects that will mitigate or            
 alleviate access, congestion, and parking problems at historical              
 parks.  The Division of Parks and Outdoor Recreation has indicated            
 that use of this provision at any other State historical park other           
 than Totem Bight is unlikely.  In any event, the authority would              
 sunset on December 31, 2000.  The three year window is needed to              
 avoid drawing down too quickly against the fees.                              
                                                                               
 MR. AMBROSE said that Totem Bight is about 12 and a half acres and            
 is located north of the City of Ketchikan and had an estimated                
 160,000 visitors in 1995, half of them arriving from commercial               
 tours.  In 1977 it was estimated that the park could handle 636 -             
 734 people at one time.  Actual use now exceeds 925 people at any             
 one time.  The park also has only seven parking spaces for buses              
 and there are often up to 21 buses parked in the lot, on the                  
 shoulders, and at a nearby gift shop.                                         
                                                                               
 To mitigate the overcrowding, DNR is proposing that tour operators            
 pay for the acquisition of the borough-owned parcels to provide the           
 additional parking space and additional attractions, such as trails           
 and possibly a carving demonstration area.  DOT/PF has an interest            
 in developing a transportation enhancement project along the road             
 at Totem Bight, if the land becomes available.  Totem Bight is a              
 valuable asset; the State has invested more than $1 million in                
 capital improvements to the facility over the past 10 years.                  
                                                                               
 SENATOR TAYLOR said this bill is so narrowly drawn that it will               
 only involve a situation where you have a State Park that was                 
 actually collecting concession fees and that those fees could then            
 be utilized as a credit to leverage the purchase of property from             
 a municipality.                                                               
                                                                               
 Number 510                                                                    
                                                                               
 JIM STRATTON, Director, Division of Parks and Recreation, supported           
 SB 278 and thanked Senator Taylor, especially, for his sponsorship.           
 He had reviewed other State historical parks this bill could apply            
 to and he found only one with significant access problems, the                
 House of Wickersham in Juneau.  Practically, this bill will only              
 apply to Totem Bight, especially with the three year window.                  
                                                                               
 WILLIAM GARRY, Chilkat Bald Eagle Preserve Advisory Council, said             
 he would answer questions from the Committee.                                 
                                                                               
 MICHAEL RODY, Ketchikan Gateway Borough, said that capital projects           
 were becoming increasingly difficult to fund.  This particular                
 project is maybe one of the most visited parks in the State.  The             
 Assembly recently approved the disposal of the property once it is            
 acquired.  They don't have it at the present time, but the                    
 generator is being removed.                                                   
                                                                               
 SENATOR LEMAN asked him to describe the land transfer process.  MR.           
 RODY replied that once the generator is sold and removed, they hold           
 fee simple title on the property.  He had been informed that the              
 equipment has been sold and will be removed in the next several               
 months.  He has the authority from the Assembly to sell it or do              
 whatever is appropriate.                                                      
                                                                               
 CRAIG MOORE, Ketchikan Area State Parks Advisory Board, said they             
 strongly supported SB 278 and thanked Senator Taylor for sponsoring           
 it.  They feel it is a great opportunity for this park as it is               
 heavily used by tourists in the summer.  Native culture is an                 
 important theme in Southeast Alaska and Totem Bight State                     
 Historical Park has one of the best collections of totemic art in             
 the area.                                                                     
                                                                               
 Number 442                                                                    
                                                                               
 SENATOR TAYLOR moved to pass SB 278 with individual recommendations           
 with the accompanying fiscal note.  There were no objections and it           
 was so ordered.                                                               
 SENATOR LEMAN adjourned the meeting at 4:45 p.m.                              
                                                                               

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