Legislature(2003 - 2004)

03/24/2004 03:30 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         March 24, 2004                                                                                         
                           3:30 p.m.                                                                                            
TAPE(S) 28, 29                                                                                                                
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Scott Ogan, Chair                                                                                                       
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Fred Dyson                                                                                                              
Senator Ralph Seekins                                                                                                           
Senator Ben Stevens                                                                                                             
Senator Kim Elton                                                                                                               
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 344(RES)                                                                                                  
"An Act relating to annual rental fees, statements of annual                                                                    
labor, and production royalty for mining claims; and providing a                                                                
cure for abandonment."                                                                                                          
                                                                                                                                
     MOVED SCS CSHB 344(RES) OUT OF COMMITTEE                                                                                   
                                                                                                                                
SENATE BILL NO. 329                                                                                                             
"An Act relating to control of nuisance moose."                                                                                 
                                                                                                                                
     MOVED CSSB 329(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 318                                                                                                             
"An Act relating to the individual right of Alaska residents in                                                                 
the consumptive use of fish and game."                                                                                          
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 344                                                                                                                  
SHORT TITLE: MINING FEES/LABOR/ROYALTIES/ABANDONMENT                                                                            
SPONSOR(s): REPRESENTATIVE(s) FATE                                                                                              
                                                                                                                                
01/12/04       (H)       PREFILE RELEASED 1/2/04                                                                                

01/12/04 (H) READ THE FIRST TIME - REFERRALS

01/12/04 (H) RES, FIN 02/04/04 (H) RES AT 1:00 PM CAPITOL 124 02/04/04 (H) Heard & Held 02/04/04 (H) MINUTE(RES) 02/23/04 (H) RES AT 1:00 PM CAPITOL 124 02/23/04 (H) Heard & Held 02/23/04 (H) MINUTE(RES) 02/25/04 (H) RES AT 1:00 PM CAPITOL 124 02/25/04 (H) Moved CSHB 344(RES) Out of Committee 02/25/04 (H) MINUTE(RES) 02/26/04 (H) RES RPT CS(RES) NT 7DP 2NR 02/26/04 (H) DP: HEINZE, LYNN, STEPOVICH, WOLF, 02/26/04 (H) KERTTULA, MASEK, DAHLSTROM; 02/26/04 (H) NR: GATTO, GUTTENBERG 03/02/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519 03/02/04 (H) Moved CSHB 344(RES) Out of Committee 03/02/04 (H) MINUTE(FIN) 03/03/04 (H) FIN RPT CS(RES) NT 7DP 3NR 03/03/04 (H) DP: MEYER, CROFT, MOSES, FATE, FOSTER, 03/03/04 (H) HARRIS, WILLIAMS; NR: HAWKER, STOLTZE, 03/03/04 (H) JOULE 03/08/04 (H) TRANSMITTED TO (S) 03/08/04 (H) VERSION: CSHB 344(RES) 03/10/04 (S) READ THE FIRST TIME - REFERRALS 03/10/04 (S) RES, FIN 03/24/04 (S) RES AT 3:30 PM BUTROVICH 205 BILL: SB 329 SHORT TITLE: NUISANCE MOOSE SPONSOR(s): SENATOR(s) BUNDE BY REQUEST 02/13/04 (S) READ THE FIRST TIME - REFERRALS 02/13/04 (S) RES, FIN 03/24/04 (S) RES AT 3:30 PM BUTROVICH 205 BILL: SB 318 SHORT TITLE: CONSUMPTIVE USE OF FISH AND GAME SPONSOR(s): SENATOR(s) SEEKINS 02/11/04 (S) READ THE FIRST TIME - REFERRALS 02/11/04 (S) RES, JUD 03/01/04 (S) RES AT 3:30 PM BUTROVICH 205 03/01/04 (S) Heard & Held 03/01/04 (S) MINUTE(RES) 03/24/04 (S) RES AT 3:30 PM BUTROVICH 205 WITNESS REGISTER Representative Hugh Fate Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Sponsor of HB 344. Mr. Jim Pound Staff to Representative Hugh Fate Alaska State Capitol Juneau, AK 99801-1182 POSITION STATEMENT: Commented on HB 344 for sponsor. Mr. Cameron Leonard, Assistant Attorney General Department of Law PO Box 110300 Juneau, AK 99811-0300 POSITION STATEMENT: Commented on HB 344. Mr. Matt Robus, Director Division of Wildlife Conservation Department of Fish & Game PO Box 25526 Juneau, AK 99802-5226 POSITION STATEMENT: Commented on SB 329. Mr. Wayne Heimer Fairbanks AK POSITION STATEMENT: Supports SB 329. Mr. Roger Gay Mat-Su AK POSITION STATEMENT: Supports SB 329. Ms. Karen Deatherage Defenders of Wildlife Anchorage AK POSITION STATEMENT: Opposes SB 329. Mr. Gary Olson, Chair Alaska Moose Federation POSITION STATEMENT: Supports SB 329. Mr. Tom Scarborough Fairbanks AK POSITION STATEMENT: Supports SB 329. Mr. Mike Tinker Fairbanks Advisory Board Fairbanks AK POSITION STATEMENT: Supports CSSB 318(RES). Mr. Len Livengood, Atty. No address provided POSITION STATEMENT: Commented on SB 318. ACTION NARRATIVE TAPE 04-28, SIDE A HB 344-MINING FEES/LABOR/ROYALTIES/ABANDONMENT CHAIR SCOTT OGAN called the Senate Resources Standing Committee meeting to order at 3:30 p.m. Present were Senators Thomas Wagoner, Ben Stevens, Fred Dyson, Ralph Seekins, Kim Elton and Chair Scott Ogan. Senator Georgianna Lincoln arrived at 3:45. The first order of business to come before the committee was HB 344. REPRESENTATIVE HUGH FATE, sponsor, noted that he supported the two proposed amendments and explained that the bill simply corrects a situation in which a person makes a mistake or, for some reason, can't get into the recorder's office to record his assessment and other paperwork required by the department for mining claims. If the filing does not occur on time, the claim immediately becomes abandoned, making it open to staking or location by someone else. Also, if that mistake has been made and someone has overfilled the claim, the person who overfilled it is the new claimant of the property. This legislation allows for a true error to be made so that, if there has not been an overfilling or the property has not been located, a miner has the opportunity to pay a penalty and refile. The penalty would be equal to the last year's royalty and assessments on the property. So, he not only has to pay the current fee, but a penalty equal to that fee, as well. Being a former miner, he has seen people coming into the recorder's office 10 minutes late and not being able to record. So, all their equipment is sitting out there, their cabins and everything else. If somebody knew that this was going to happen, they could actually go in and locate those claims. This gives redress for that. It doesn't mean that they have an opportunity at all to delay coming for 30 days.... It allows them to have redress. But, if somebody did topfile on one of their claims, it's up to them to know they were topfiled and it's up to them to know that the paperwork has to be clean, because if they do not file in a timely manner and they are topfiled, that claim would belong to the person who topfiled. By the same token, if they don't file - and even if they make an error in getting there in time... usually, it's about a 24-hour mistake - either they got the dates mixed up or they just can't get in for some reason - broke down or whatever, they still, if somebody comes in and claims that it's open ground, even though they may have redress, it's still open ground. So, it doesn't alter at all the law, which allows somebody else to file a claim on open ground.... It's a real step for a lot of the small miners out there who have this concern and have lost claims by not being able to get in. SENATOR KIM ELTON asked what the typical rent is for a claim. REPRESENTATIVE FATE replied, "If they are productive, they would have to pay royalty; they would have to pay a labor assessment. I think it's $200 on a two-year claim." SENATOR ELTON asked if this would allow a miner to cure the problem of a late filing up to any period of time as long as nobody has filed a top claim or a claim on the claim. REPRESENTATIVE FATE said that is correct. CHAIR OGAN asked if he had statistics on how often this has happened. REPRESENTATIVE FATE replied that he had been topfiled and from his own experience, you usually know when someone has topfiled, because they do it year after year hoping you make a mistake. When a miner files his assessment at the recorder's office, he can see if he has been topfiled. "You try to make sure your paperwork is clean." He has seen a number of miners come in one day late because they get the dates confused. He has also actually seen instances where miners get to the recorder's office before the doors close. Bob Loeffler, Director, Division of Mining, Land and Water indicated this happens quite frequently. CHAIR OGAN asked, if a miner decides to abandon a claim and another person decides to topfile and then that first miner changes his mind, is there a time limit for paying the penalty and refiling. He pointed out that HB 344 has no time limit. REPRESENTATIVE FATE said the first miner couldn't get his claim back if it had been topfiled by someone else. CHAIR OGAN said he is still missing how HB 344 changes that. REPRESENTATIVE FATE sought hard to enlighten him saying it doesn't change that aspect of it. This will help a small miner who has made a mistake by being a day late or some equivalent small blunder. In all circumstances, if no one else has topfiled, the claim becomes open ground and under current statute, he can't refile on his property for a full year. SB 344 allows him pay a fine and refile. CHAIR OGAN supposed that this is like someone who pays his taxes late and, therefore, has to pay a stiff penalty, too. SENATOR GEROGIANNA LINCOLN arrived at 3:45 p.m. She said she understood what Representative Fate was trying to do and asked, "What kind of person would actually take advantage of a bill like that and, then, what's the grace period you've got in here for a late filing?" MR. JIM POUND, staff to Representative Fate, replied that the department has indicated that about 5 - 15 people per year miss the filing deadline. REPRESENTATIVE FATE added that there really isn't a grace period per se. If that ground is open after he's made the error in not filing in a timely manner, it's not a grace period. It's open ground.... They're usually in there within a day or, at the latest, two. SENATOR LINCOLN said there is a reason for deadlines and asked for examples of other circumstances in which a miner might file late. REPRESENTATIVE FATE replied weather factors, sickness, injuries, and, commonly in November, people would think it was the 31st and be exactly 24-hours late. It's frequent enough to be a concern and yet it's not that prevalent, but 5 - 15 is not a small figure, really compared to the number of small mines that we have today out there, especially in the Interior. When I started mining, there were 3,000 people in the small mining industry. Within three years, there were 300.... He said that the Department of Natural Resources and the Mining Association support this legislation. SENATOR LINCOLN asked if a person has to physically go in and file. REPRESENTATIVE FATE replied that they have to go in physically. SENATOR RALPH SEEKINS asked if there is any requirement for notice of topfiling. REPRESENTATIVE FATE replied no. He said that sometimes a person who topfiles doesn't know that the ground has already been staked. He also knows of people who topfile in huge blocks just trying to capitalize on someone else's mistake. SENATOR ELTON asked if someone doesn't make it in by the deadline and wants to cure the problem six months later, is the claim renewed for 18 months or for two years from the six-month period. REPRESENTATIVE FATE replied that it would be a new filing for a two-year basis. He reminded the committee that the penalty for late filing is equal to one year's rent, which is $100 - $200. SENATOR FRED DYSON said he thought that a miner already has a huge incentive to file on time and the penalty would add to that. He moved amendment 1 on page 2, lines 10 - 13, as follows: Page 2, lines 10-13 10(b)...mining claim, or leasehold location[, or 11 prospecting site] that includes all or part of the mining claim, or leasehold location [, or 12 prospecting site] abandoned under (a) of this section, or the area is closed to mineral location under AS 38.05.185 - 38.05.275, a person may cure.... The revised subsection would read as follows: *Sec.2. AS 38.05.265 is amended by adding a new subsection to read: (b) Unless another person has located a mining claim, or leasehold location that includes all or part of the mining claim, or leasehold location abandoned under (a) of this section, or the area is closed to mineral location under AS 38.05.185 - 38.05.275, a person may cure the failure to record or pay that constituted the abandonment and cure the abandonment by (1) properly recording a certificate of location or a statement of annual labor, paying any required annual rental, and paying any required production royalty; and (2) paying a penalty equal to the annual rent for the mining claim, leasehold location, or prospecting site that was abandoned under (a) of this section. MR. POUND explained that there is no such thing as abandonment of a prospecting site. They just expire after two years. MR. CAMERON LEONARD, Assistant Attorney General, said he had worked with Bob Loeffler at DNR and Mr. Pound on this language. It addresses two different issues. The first being that prospecting sites aren't abandoned in the same way as mining claims and leasehold locations and so there is no need to try to cure them under the new language in 265(b). But, the more significant problem that this amendment addresses is the possibility that after a claim is abandoned, if for some reason the area is closed to mineral location by the state, if someone were to come back in at that point and try to cure the abandoned claims without this amendment, there might be an issue that they have a right to do so, even though the area had been closed to mineral location.... Those are the two changes and DNR supports both of those changes.... CHAIR OGAN asked if this amendment would prevent a miner from coming back into the Girdwood area that was closed to minerals last year, for instance, and saying he had for some reason not filed his claim. "Would this keep him from getting the claim activated again?" MR. LEONARD exclaimed that it would have exactly that effect. SENATOR GEOGIANNA LINCOLN asked if "prospecting site" on line 18 was applicable to section (b)(2). MR. LEONARD replied that she was correct and that language should be deleted. MR. POUND agreed. SENATOR LINCOLN moved to delete "prospecting site" from the proposed amendment in (b)(2). There were no objections and it was so ordered. SENATOR FRED DYSON moved to pass SCS HB 344(RES) from committee with individual recommendations and accompanying fiscal note. There were no objections and it was so ordered. 4:07 - 4:08 - at ease SB 329-NUISANCE MOOSE CHAIR SCOTT OGAN announced SB 329 to be up for consideration. SENATOR CON BUNDE said moose might for one reason or another end up causing death to humans or being injured or killing themselves and SB 329 provides for them to be moved to another area of the state where they could help propagate more moose. He pointed out a technical correction that was needed in the first line of the bill where the word "Department" should be underlined and bolded. The CS is a product of agreement between the people who requested the bill and the Department of Fish and Game. It would allow the Department of Fish and Game to authorize one or more private groups or individuals to relocate nuisance moose from urban areas to rural areas. The proposed CS calls for a private group to reimburse the state's costs related to the relocation program and removes liability from the state. It's not his intent to remove all the moose from urban areas, but just those that might pose a risk to people. This bill would benefit urban areas by removing moose that might pose a significant risk to health, safety or economic wellbeing of individuals. It could also protect moose from being hit by vehicles or that might have to be shot when they get in situations where they threaten people.... SENATOR BUNDE said he has heard there is an average of $15,000 damage for every moose/car collision, which runs into the hundreds every year. SB 329 would save some of those moose and add them to brood stock in rural areas. He noted that the Alaska Moose Federation indicated there is a wide range of support for this bill. SENATOR KIM ELTON said he is having a hard time getting his mind around the concept of a nuisance moose. He could better understand a nuisance moose population. He didn't see how it could be anticipated which moose would be hit by a car, but he could see how moose populations in general could increase the risk of accidents. SENATOR BUNDE replied that it's not difficult to identify a specific moose, although it's harder with the car crashes. Particularly in the wintertime, moose exist in a relatively small area and it's easy to identify one that hangs around a schoolyard, for instance. He has helped ADF&G keep track of a collared moose in his neighborhood. CHAIR OGAN said he had a hard time with the idea of identifying a specific moose, also. He supposed they could be marked with paintballs. He wanted to know how the details would work. SENATOR BUNDE elaborated that moose don't all look alike and aren't hard to recognize if they continually come into a schoolyard. The department would probably go through the procedure of tranquilizing and collaring it and giving it a trial period before moving it along. The other option is to do nothing and let a lot of moose unnecessarily be killed. CHAIR OGAN said he would like to open up Chugach Park to a shotgun or bow season and knock the population down. SENATOR BUNDE said he had encouraged the department to establish an archery hunt in Chugach State Park, but the previous administration wouldn't allow it to take place. That is only part of the problem; Anchorage has chosen not to allow archery in any of its parks. SENATOR GEORGIANNA LINCOLN said the Alaska Federation of Natives, although it supports this bill, expressed concerns about the cost of the program. According to the fiscal note, the program will cost a quarter of a million dollars to relocate 100 moose. While I think the concept is a great one, Senator Bunde, we have been concerned about the fiscal gap and how to close that.... Although I know that probably your rebuttal will be probably that the costs involved and the expenses that we have incurred from encounters with the moose. I just want it noted...there's also a concern expressed from the Alaska village initiatives about where the moose will be transported to.... TAPE 04-28, SIDE B SENATOR LINCOLN continued noting that the Alaska Moose Federation had a trailer and it sounded like the moose would be air lifted. Also, the Alaska Zoo had upgraded their moose pens to allow more moose to be kept there. She asked him to explain how that would work. Also, the Municipality of Anchorage Police Department expressed some concern saying: Without having an opportunity to fully evaluate the cost and externalities associated with active intervention plans, such as transplanting moose away from the Anchorage Bowl area, we are unable to offer complete unqualified endorsement. SENATOR LINCOLN also stated that a letter from the Department of Fish and Game indicated the Board of Game said, "On March 10, we urged careful consideration of this concept." She asked him to respond to that. SENATOR BUNDE responded that the large fiscal note was reflective of the original bill, but the CS has a very small, if any, fiscal note and is based on the Moose Federation doing the program at no cost to the state. Their notion is to use the trailer to get moose from somewhere in Anchorage to a place where they could be airlifted. The Zoo is obviously not going to hold 100 moose at a time, but the idea is to have a staging area for a moose until it can be moved somewhere else. He thought the Anchorage Police Department was referring to the fiscal note with the original bill and it would probably rather see a quarter of a million dollars be used for revenue sharing. SENATOR LINCOLN asked if drugs are used to dart a moose and then it is transported to another area and shot for human consumption, would the drugs be harmful to humans. SENATOR BUNDE replied that there is a period of about 30 days after an animal is drugged during which ingestion would be harmful to humans. Moose are currently drugged as part of studies or because they have been injured or tangled up in a swing or something similar. They are identified by collaring because they could end up in an area with permitted moose hunts. SENATOR LINCOLN asked if it is illegal to shoot a collared moose during a hunting season. SENATOR BUNDE said the department would have to answer that and added that collars are biodegradable and last only for a certain amount of time before falling off. SENATOR ELTON moved to adopt the CS to SB 329 as follows [no identifying label available]: BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: *Section 1. AS 16.05 is amended by adding a new section to read: Sec. 16.05.052. Nuisance moose. The Department [COMMISSIOINER] shall avoid destruction of nuisance moose if a practicable alternative exits for the relocation of the moose to suitable habitat where the moose will not be a nuisance. [THE COMMISSIONIER SHALL SEEK TO RELOCATE NUISANCE MOOSE AT THE LEAST COST TO THE STATE.] The commissioner may authorize one or more private individuals or groups to relocate nuisance moose to suitable habitat designated by the department if, upon review and evaluation of a written application and proposal, the commissioner finds that the individual or group is qualified to relocate nuisance moose without undue danger to the public, themselves, or the moose. Before relocating a nuisance moose, an individual or group shall provide financial assurances acceptable to the commissioner that will cover the state's reasonable, anticipated costs of the relocation. The individual or group shall reimburse the state's costs that arise from relocating a nuisance moose. A civil action to recover damages or costs that arise from relocating a nuisance moose may not be brought against the state, its political subdivisions, officer, or employees. In this section, "nuisance moose" means a moose designated by the department in an area of concentrated human population that poses a significant risk to the health, safety, or economic well-being of persons in the area. There were no objections and it was so ordered. MR. MATT ROBUS, Director, Division of Wildlife Conservation, Alaska Department of Fish and Game (ADF&G), said the department had concerns with the original bill. Our main concern was, frankly, that in trying to reduce problems with nuisance moose in places like Anchorage, we really didn't want our limited financial resources diverted from the programs we are doing to manage animals around the state, especially now that we're doing research on predator and prey populations that are helping us defend and maintain predator control programs and we'll have more of that going on in the future. We also wanted to make sure that the department had a role in deciding which moose were problems and where moose would be moved to, because that, in our view, needs to be done in the context of moose management and how that's going in different parts of the state. It doesn't make a lot of sense to move a moose into a situation where we have a real high predator density and there's not much likelihood that they'll survive very long. So, we would like a hand in choosing where to put these animals. We do have some concern that even under the best of circumstances, this will be a program with some controversy. There will be some people who think a moose is a nuisance and other people will think it's a viewing opportunity or something that will make their lifestyle better. That's another reason, in our view, to have the department involved in trying to decide which moose should be moved and which should not. There will also, no matter how well the program is implemented, be some degree of mortality, probably, amongst moose that are moved. That depends upon the season of the year and what the condition of the moose is and a lot of other factors that we don't need to go into. We should all go into this with our eyes open in realizing that one big advantage would be reducing public safety problems at the capture end of this. Hopefully, a benefit will be putting a moose into good habitat somewhere else, but there will be some degree of moose that don't make it and that, of course, may generate some controversy. MR. ROBUS said that earlier today he talked with representatives of the Alaska Moose Federation and now better understood some of their plans. This program could occur along a spectrum of scenarios and could be anything from the department doing some moose capture and moving work and being reimbursed for staff costs all the way to almost a subcontracting or agreement relationship where the Moose Federation would do everything from A to Z under the guidance of the department. The federation has basically committed to doing the financial underwriting of the operation. ....We believe that we need to have more meetings, certainly, and there's lots of details to work out, but we're in agreement with the CS as it's written. I believe that we and the Moose Federation have figured out the general framework within which to work together to try to take some moose off of roadways and out of schoolyards and provide a little bit safer situation. CHAIR OGAN asked how the department would identify a nuisance moose. He told a short story about his daughter who has a summer job with the U.S. Fish and Wildlife Service shooing moose off of runways with paintball guns. MR. ROBUS said that there are no standard procedures for wildlife management. It could vary from a moose that comes around a particular part of a neighborhood for days on end and shows some aggression towards people; he might be marked temporarily to keep track of it. Or it could be that a moose walks into a schoolyard and right then someone needs to make a decision that that moose either needs to be hazed away or capture and trans-located or be put down, if it's an immediately threat to life and property. Area biologists would likely be involved in making judgments on the fly. CHAIR OGAN asked if he would just allow moose to cross a super highway where the speed limit is 65 mph just because it's going from one side to another. That happens all the time and is normal behavior. "You're going to focus on moose that might be more of a threat or one that does it every day or....?" MR. ROBUS replied that no matter how well this program works, it's not going to change the fact that moose cross roads and get hit by vehicles. The basic idea is to take the moose that are in the worst situation and start working them out of the urban scene, which could potentially reduce - not only the immediate - threat, but over time, reduce conflict in the community. It's not going to be cheap in our estimation and it remains to be seen just how much of this can be done and what the after-effects are, but we feel it's worth a pilot approach and see how it works. CHAIR OGAN asked if hunting in Chugach State Park is off the table. MR. ROBUS replied that he thought a hunt was still on the books, but past administrations have judged it too controversial to hold, basically. SENATOR ELTON said the CS is a reaction to the fiscal note of the original bill and asked what he thought it would cost the department. MR. ROBUS replied that it depends on the style of program that is eventually decided upon. "If this is a program where the Moose Federation is able to work out the details with the department and have a veterinarian of their own who is allowed to handle the lethal-to-humans drugs that are involved and can do the whole program, except for the pointing out of...the moose to be taken, then I think the department's costs are very very small and it would be just biologist time. At the other end of the scale, if we're actually doing the work and then being reimbursed, costs would be higher and that fiscal note makes an attempt to look at what the general cost for moving a moose would be. But, if somebody else pays for those costs, whichever way we're doing it, the fiscal note to the department becomes zero or very near zero. SENATOR ELTON asked if his department's single biologist would be doing additional fieldwork to go out and certify moose or would he have enough expertise and knowledge of the moose population to sit at his desk and decide about a particular moose. MR. ROBUS replied that the biologist and his assistants and their counterparts in Fairbanks are pretty aware of what's going on in their towns. Right now those people are putting down or hazing moose, to a certain extent, to help ease conflicts. This would be partially shifting that type of activity into the translocation process. It all depends on how many moose are relocated. Right now, his only option is to put the moose down or chase it away and hope it decides not to come back into the schoolyard. CHAIR OGAN said some of the drugs used in the dart guns are controlled substances and a certified person would use the dart guns and know the dosages. "That becomes tricky - to have an inexperienced person do that." MR. ROBUS responded that the CS mentions a comprehensive document that is agreed upon between the department and the third-party organization. Yes, if the organization is going to be doing the capturing, they would have to show that they can competently administer the drugs - the issue of having a dart miss a moose and would that type of drug in a neighborhood do something that strikes us as being an issue. Yes, there would either have to be our people doing it and being reimbursed or the third-party organization showing us that they have the right people with the right certifications to be able to do the work. CHAIR OGAN asked what the average mortality rate is for moose that are drugged and relocated. MR. ROBUS replied that it depends on where you're doing it, what time of year, the body fat content on the moose, what drug is used, how far they are being transported, etc. SENATOR LINCOLN asked if he anticipated the state absorbing the costs upfront and then billing the third party for them. MR. ROBUS replied that is a possibility if the department does the work. The agreement would give assurance of reimbursement to the department, which already has the authority to capture and translocate animals. So, this bill really gets to the working of the third party organization and the department together with the intent that there not be a cost to the state in accomplishing that work. SENATOR LINCOLN said that nuisance moose don't happen just in the Anchorage Bowl and asked him if he considered applying this program in the Anchorage Bowl as a pilot approach. MR. ROBUS replied that his discussions with the Moose Federation concentrate on Anchorage as the spot that needs the most attention soonest, but dangerous moose can happen in all sorts of places. These are some of the things that need to be worked out. The bill is written in a statewide fashion - but, I think, yes, Anchorage would be the place where we would propose to start this off and see how it works. SENATOR LINCOLN said the bill assumes that this is an on-going operation and perhaps it should have a sunset provision to see if it is working in a year or two. On the issue of collaring a drugged animal, she wanted to know how the department is going to protect individuals who might be hunting in an area that has a relocated moose. MR. ROBUS replied that collared and marked animals are available to the hunter. The only rule is that if you recover a collar, you have to turn it back into the department within a certain amount of time because of the value of the equipment. Getting back to your original question, the drugs that are used to capture wildlife do have a period after which the meat cannot be consumed. For some drugs it's 30 days; for other drugs it may be longer than that. I foresee doing something like what we've done with bears I've been involved with where we would ear tag the animal with a sign right on the ear tag saying, 'Do not consume the meat from this animal prior to a date certain from the date of capture.' He pointed out that most of the moose would be moved at a time of year before the next hunting season. He didn't think there was a huge amount of potential problems there. MR. WAYNE HEIMER, Fairbanks resident, supported the concept of SB 329. He lives on the lower Chena River on the Pump Road and has a lot of moose that move routinely through his yard. He enjoys seeing them, but doesn't enjoy seeing them hit on the road. He can't remember a year when at least one moose hadn't been killed within a mile of his house. He felt that any obstacles could be overcome through cooperation of agency biologists and organizations like the Moose Federation. He thought that nuisance moose populations rather than individual moose should be reduced as much as possible. MR. HEIMER concluded stating that he had worked for 25 years with ADF&G primarily as a sheep biologist, but also worked in general management with state and federal relations, as well. 4:55 p.m. MR. ROGER GAY, Mat-Su, said that hitting moose on the highway is the most ridiculous way to harvest big game. It ruins the meat, destroys the vehicles and scares the hell out of people. Nuisance moose should be shot on sight. Alaska State Troopers and the Department of Fish and Game officers should be responsible for shooting the moose and it would take less time than responding to an accident and, therefore, saving money as well as saving the meat. If you want to send moose to rural areas, they should be frozen first. That way the people will eat the moose instead of wolves or bears. If you don't want to send the moose to the bush, you can dispose of it the same way we do with road kill moose. You donate it to the local Beans Café or the Alaska Zoo. The bottom line is that the moose are dead whether they are shot or hit by a car. Transporting live moose will be a boondoggle whereas clearing our roads of nuisance moose is long overdue. He thought using the paintball technique could help people identify which moose were hanging out on a roadway. He concluded saying: It doesn't make any sense to me to knock down a moose in Wasilla and then fly it live to the Bush with the intent that it should be killed by a rural hunter. If you've already got it down, package it, freeze and send it wherever you like. CHAIR OGAN noted that Mr. Gay is his constituent. MS. KAREN DEATHERAGE, Defenders of Wildlife, Anchorage, said she has a lot of concerns with SB 329. Having served on the Anchorage Urban Wildlife Task Force, she could assure them that moose play an important role in the quality of life for Anchorage residents. A poll done in the mid-90s showed that 87 percent of Anchorage residents believe that while moose cause some problems, they make life in Anchorage seem interesting and special. Over 80 percent of Anchorage's residents take pride in the city's wildlife and agree that people in Anchorage should learn to live with some conflict. So, let's talk about this conflict. Less than 2 people have been killed in Anchorage by moose in over a decade. Less than 10 moose have been dispatched each year and there have been less than 10 injuries each year. Typically, this is extremely low given the close proximity of a large population of people to wildlife and to the second largest state park in Alaska. The Defenders do not believe that relocation is a viable solution to problems with the city's moose. The most effective long-term solution to minimizing wildlife conflicts continues to be public education. This has been proved with the collective effort of the ADF&G and groups like the Defenders of Wildlife, which have resulted in a large reduction of bear conflicts in Anchorage over the past 20 years. We also defended and engaged with the Park Service in a wolf education program at the Denali National Park, which has reduced the conflict with wolves in the Park for the last two years. She agreed that a relocation program would be cost prohibitive. She thought the Legislature should support an Anchorage Moose Planning Task Force similar to the Anchorage Fair Committee where education and conflict resolution efforts can be addressed by multiple agencies and members of the public. SENATOR OGAN asked if she thought it was a good idea to ship moose out to rural Alaska in frozen form. MS. DEATHERAGE replied that less than 10 moose are dispatched each year in the city, she didn't have a problem with shipping the meat to McGrath or to the Interior. SENATOR THOMAS WAGONER asked if she said that two human deaths in 10 years was an acceptable level. MS. DEATHERAGE replied that no death is an acceptable level, but taking such extreme measures for the rather low mortality is not the smartest thing to do. Other measures could be taken that would cause a reduction in conflict. We haven't had a fatality since 1993. I think that's pretty good, given the amount of moose that we have in the city and the growing number of people in the city. SENATOR WAGONER countered that while there aren't many fatalities, he has a close personal friend who is a quadriplegic because of a confrontation in his car with a moose. MS. DEATHERAGE came back saying that it's been proved in Chugach State Park that bears keep coming back as long as the habitat is available. I think looking at a long-term solution like public education, which is what we're doing with bears, would serve us all a lot better in the long run, including...serious injuries like you're talking about and that could happen statewide. CHAIR OGAN agreed with some people about spending state money to move moose, but the bill said: Before relocating a nuisance moose, an individual or group shall provide financial assurances acceptable to the commissioner that will cover the state's reasonable anticipated costs of relocation. MR. GARY OLSON, Chair, Alaska Moose Federation, said SB 329 has tremendous support. Moose are on school playgrounds around the city and since 1992 there has been a 75 percent increase in vehicle moose collisions in Anchorage. Department of Transportation and Public Facilities (DOTPF) statistics estimate those cost about $15,000 per incident. If 300 to 400 moose get hit this year, that's about a $4.5 million cost to private industry. One of the biggest points the federation wants to get across is that the state is already paying substantial resources in dealing on a reactive level to the ever-expanding moose populations in urban areas. The state is also losing a tremendous resource when the moose are killed. MR. OLSON said the Moose Federation came into existence when the pipeline got shot. The state stepped in and fixed the pipeline situation to hold the oil in quantity and quality for all Alaskans. However he noted: We allow our moose to pile up on the front of our trains and in front of our cars. We put forest fires out to create moose food. The moose have shouldered the burden of conservation by themselves this entire time.... In the 50s, moose were moved to the Copper River Delta. Twenty-eight cows were moved down there when TVs were black and white. That resulted in a beautiful moose population down there where moose had never been to. They were also moved to Berner's Bay; they were also moved to Calgon Island in Southeast. Moose have been moved into areas where moose have never been before, but now we're looking at it from an area where they are a liability to go into an area where they are an asset. The country of Sweden, which is the size of California, harvested 170 moose last year; Alaska harvested about 6,000 moose. So, when you look at the concept of taking these moose and putting them in the other areas of the state to help rebuild the existing populations out there, this can't be that bad of an idea - certainly, since private industry with the intent from our D.C. delegation taking a lot of interest and helping with not only the public safety perspectives of this bill, but also to attempt to reestablish these herds around the state that have been in a decline for decades. We need to look at moose not as a moose, but as a resource that the state owns and we are offering ourselves as a tool for the state to use to address this problem proactively. This is a serious commitment that we are undertaking in seeking the funding for this program. The $200,000 to $250,000 - that is dwarfed by the costs that we are already paying right now. We have industry lining up to buy equipment based on this to purchase the necessary tools and drugs and everything else lined up. In the 15 months that we've been created, we've had 10 states in the Lower 48 that want chapters including one in Hollywood, California, who want to help, Shangri-La, to rebuild this moose population. This is something that we've taken living in Alaska for granted and which we've seen from the Lower 48 is a tremendous negative perspective of where Alaska takes control and handles its own business.... The intent is to address the ever-growing dangerous population in these urban areas. If the communities decide to have hunts inside these urban areas, that's great. That's what should be done. TAPE 04-29, SIDE A SENATOR LINCOLN asked if the federation was prepared to fund the Anchorage Bowl relocation program now. MR. OLSON replied yes. The State of Alaska does not have the same ability as a non-profit does for going out and seeking the efforts through private industry to help offset the cost of this program. There is one section of the private industry that is lining up to purchase trucks and trailers and equipment for this. There is another section of private industry that upon the governor and the passage of this bill and everybody in support of this, they're looking at major flight ability with a C-130 aircraft, as has happened in the past with elk and bison and other species - that have been done throughout the state. So, we have the ability being a non-profit to work with private industry for building this idea where the state doesn't have this ability to go out and seek these efforts. And yes, we are prepared to seek every dollar, every cent of funding that this program is going to require. SENATOR LINCOLN asked if he was prepared to have the $250,000 to implement the program next year if this was enacted now. MR. OLSON replied yes. MR. TOM SCARBOROUGH, Fairbanks resident, said he lives off of Chena Ridge Road and supports SB 329. Little is done to save the moose and they are a valuable resource. Their meat is worth more than $2,000 per animal and, with recreational value, they're probably worth more than $5,000. Adding that to the $15,000 involved with car collisions becomes a significant figure. CHAIR OGAN asked Mr. Robus if the CS has a zero fiscal note. MR. ROBUS replied that was correct and he would prepare another fiscal note based on his understanding from today. CHAIR OGAN stated that the committee has the authority to zero- out a fiscal note and proceeded to do that. There were no objections. SENATOR DYSON moved to pass CSSB 329(RES) from committee with individual recommendations and zero fiscal note. SENATORS FRED DYSON, BEN STEVENS, RALPH SEEKINS, THOMAS WAGONER and CHAIR SCOTT OGAN stated for the record that they have a conflict of interest because they are all board members of the Moose Federation. There were no objections and CSSB 329(RES) moved from committee. 5:20 - 5:21 - at ease SB 318-CONSUMPTIVE USE OF FISH AND GAME CHAIR SCOTT OGAN announced SB 318 to be up for consideration. He said there was a proposed CS. SENATOR RALPH SEEKINS moved to adopt CSSB 318, version Q, for discussion. There were no objections and it was so ordered. CHAIR OGAN said that he would take public testimony today and planned to move it out on Friday. MR. MIKE TINKER, Fairbanks Advisory Board member, said: Ever since the concept of prioritizing uses for Alaska have come out of the original subsistence bill of the state in 1978, the Boards of Fish and Game have had a terrible time figuring out how the priorities are - how to word the various definitions of the terms within them. And, although this seems very obvious, the way it's written - that sustenance should be important and Alaskans should use their fish and game resources for food - it gets complicated at the board level when the PhDs and sociologists and professional folks at the subsistence division try to work out the details. I think it's extremely good for you on the legislative side to put these things into statute, especially the definitions, and let the regulatory folks on the boards have more guidance to deal with them.... I think this is a wonderful direction to go and I hope you will move it along. CHAIR OGAN asked him if he supported the CS. MR. TINKER said he did. MR. WAYNE REGELIN, Deputy Commissioner, Alaska Department of Fish and Game (ADF&G), said he didn't intend to testify because the committee really needed to talk to the Department of Law. CHAIR OGAN said that he had talked to the Legislative Legal Services Division about changing the language from individual right to use preference. He had some concerns that the original bill talked about it being a fundamental right, which could be misconstrued by some people and found in court that hunting seasons couldn't be closed, for instance. SENATOR RALPH SEEKINS read from page 11 - 12 of the McDowell 1 case in 1989 regarding fundamental rights and justification of law: The only justification for a law regulating and restricting the common right of individuals to take wild game and fish is the necessity for protecting the same from extinction and, thus, to preserve and perpetuate to the individual members of the community the inalienable rights, which they have had from time immemorial. He then explained: When the state holding the title to game and fish, so to speak, in trust for every individual member of the community, 'May pass laws to regulate the rights of each individual in the manner of taking and using the common property. Yet, as we have already stated, this must be done under the constitution upon the same terms to all people, etc.' So, it is the established law of the State of Alaska that even on an inalienable right, the State of Alaska has the right to pass laws to regulate the taking for perpetuation of the species which is in compliance, then, with the sustained yield principle under the state constitution - and used the word 'inalienable,' which, I think, is stronger than 'fundamental.' MR. REGELIN maintained that it has the potential to change the way fisheries are allocated. He thought it was the Legislature's right to provide direction to the boards if it wants to, but lawyers could explain how the bill would change that. MR. LEN LIVENGOOD, Atty., said the word "fundamental" goes back to how the sustained yield principle was put into the constitution. It was expected that the Legislature would enact definitions and protections for the consumptive uses as the highest and best use. This legislation has been needed since statehood and will make it clear that consumptive uses are considered fundamental rights for Alaska residents to provide sustenance for themselves. It will change the way the Boards of Fish and Game enact regulations because consumptive uses will have a higher standard than other uses. Other than that, I think this is something that is consistent with our constitution and this is necessary. The question about fundamental right giving a person the right to violate other laws - clearly we have the rights to keep and bear arms and there are laws regarding concealed carry. We have the fundamental right of freedom in travel, but that doesn't allow you to violate speeding regulations. So, the law and constitutional rights are dovetailed and are intertwined. Just because something is a fundamental right does not provide an unfettered ability to violate the state's law and regulations. I urge you to pass this legislation. SENATOR WAGONER said he didn't have any questions for Mr. Livengood, but he wanted to hear from the Department of Law before he passed this out. CHAIR OGAN said he would be happy to bring this up again on Friday. There being no further business to come before the committee, he adjourned the meeting at 5:35 p.m.

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