HB 201-MUNICIPAL REGULATION OF TRAPPING  2:56:16 PM CO-CHAIR JOSEPHSON announced that the final order of business would be HOUSE BILL NO. 201, "An Act relating to municipal regulation of trapping; and providing for an effective date." Before the committee was CSHB 201 (CRA). 2:56:45 PM MEGAN ROWE, staff to Representative Andy Josephson, Alaska State Legislature, sponsor, informed the committee the purpose of HB 201 is to allow municipalities to regulate trapping for the specific purpose of preventing injury to persons or property, including domestic animals. In the process of committee deliberations on HB 40 - which proposed a state-wide ban on trapping within two hundred feet of certain public areas - public testimony and testimony from members of the House Resources Standing Committee was heard that this is a local issue better met by "more narrowly tailored ordinances at the municipal level." Thus, the bill would specifically authorize municipalities to enact ordinances, and "clear up any kind of legal confusion over whether they are able to under state law." REPRESENTATIVE BIRCH expressed his understanding that communities such as the Matanuska-Susitna (Mat-Su) Borough and the Municipality of Anchorage are establishing laws, and questioned whether there was any confusion, or a need for more legislation. MS. ROWE explained the confusion stems from arguments that the state has plenary control over the management of game, which is a principle derived from the state constitution and in Title 29, which specifies municipalities can only indirectly regulate game. In fact, testimony before the House Community and Regional Affairs Standing Committee (CRA) presented by the Department of Law advised municipalities should not regulate trapping. The bill would prevent the state from challenging municipalities' regulations related to trapping. For example, the Municipality of Skagway has disallowed trapping within its boundaries; however, the Board of Game (BOG), Alaska Department of Fish & Game, allows trapping there, which has created a conflict between the municipality and BOG. She restated if a municipality seeks to regulate trapping for the health and safety of its residents, and to prevent damage to animals, the bill would allow it to do so, without a challenge to its regulations by the state. Ms. Rowe said about 15 municipalities already have related regulations that require clarifying legislation. REPRESENTATIVE BIRCH restated his understanding that regulations in the Matanuska-Susitna Borough and the Municipality of Anchorage are serving their purpose. MS. ROWE referred to documents included in the committee packet [a memorandum addressed to the Matanuska-Susitna (Mat-Su) Borough mayor and assembly members from the Mat-Su Borough Attorney's Office, dated 12/17/13, and a document addressed to Lynn Mitchell CPA, from the Law Office of Kneeland Taylor, dated 2/3/17] and said the documents outline two different sides of the issue. She also directed attention to a document included in the committee packet [addressed to the Alaska boards of fisheries and game, ADFG, from the Office of the Attorney General, File No. 166-486-82, dated 11/19/82] which stated municipalities cannot regulate game and trapping directly, but can do so with a merely incidental effect. She concluded the question remains undefined. The bill would ensure that when municipalities are regulating for the purposes of health and safety, and protecting property, the regulations would be constitutional under state law. 3:02:36 PM CO-CHAIR JOSEPHSON clarified that eight or nine local governments have attempted to regulate trapping, and the bill limits authority to "within the borders that ... represent that municipality, trapping could be regulated." He posited that a pro-trapping stance may be: Banning trapping in a borough over the size of some states is "unthinkable." However, in the case of public safety and competing interests, there may be a local desire to regulate trapping in some way. REPRESENTATIVE PARISH opined the bill would prevent eventual litigation between the state and municipalities in this regard. MS. ROWE agreed, although she questioned whether the state would have reason to challenge ordinances unless a greater conflict occurs. CO-CHAIR JOSEPHSON advised the bill is very flexible in that local governments can exempt trappers as well. He recalled CRA added subsection (d) to the bill [on page 2, lines 13-15,] which read: (d) A municipality may not enact an ordinance under this section that eliminates reasonable opportunities for subsistence trapping of game within its boundaries. REPRESENTATIVE TALERICO expressed his belief that the Division of Wildlife Troopers, DPS, does not enforce municipal regulations. 3:06:51 PM BERNARD CHASTAIN, Major, Deputy Director, Headquarters, Division of Alaska Wildlife Troopers, DPS, responded the Alaska Wildlife Troopers do not enforce municipal or borough code, therefore enforcement of any regulations created by municipalities under the proposed bill would have to be done by police agencies, borough code enforcement officers, or those given authority to do so by the municipality or borough. CO-CHAIR JOSEPHSON concluded an ordinance or regulation would be enforced as strongly as determined by the funding and the desire of the local government. MAJOR CHASTAIN said, "That would be our interpretation of it, because we do not enforce that regulation. It would be up to the municipality or the borough to decide what level of enforcement they want to put on that regulation." CO-CHAIR JOSEPHSON asked for Major Chastain's opinion about whether BOG tries to honor and comply with ordinances on this topic. MAJOR CHASTAIN advised there are regulations put in place by BOG that specifically restrict trapping in certain trail areas in response to proposals brought before BOG. 3:09:51 PM BRUCE DALE, director, Division of Wildlife Conservation, ADFG, added BOG looks at every local situation on a case-by-case basis. [BOG] has "mimicked" or "mirrored" local ordinances, for example, Anchorage had a certain restriction in place, and BOG subsequently banned all trapping in the Municipality of Anchorage. In other areas, BOG has created areas closed to trapping in the absence of a local ordinance. [HB 201 was held over.]