Legislature(2023 - 2024)BARNES 124
03/12/2024 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB347 | |
| SJR13 | |
| HB12 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 13 | TELECONFERENCED | |
| *+ | HB 347 | TELECONFERENCED | |
| *+ | HB 12 | TELECONFERENCED | |
HB 12-MUNICIPAL REGULATION OF TRAPPING
9:13:17 AM
CHAIR MCCORMICK announced that the final order of business would
be HOUSE BILL NO. 12, "An Act relating to municipal regulation
of trapping; and providing for an effective date."
9:13:31 AM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Representative,
prime sponsor, presented HB 12. He paraphrased the sponsor
statement [included in the committee packet], which read as
follows [original punctuation provided]:
House Bill 12 seeks to make explicit the authorization
for home rule and general law municipalities to
regulate trapping for the limited purpose of
preventing injury to persons or property, including
domestic animals.
Stories of pets and people inadvertently caught in (or
simply triggering) traps are legion, and cause worry
and concern for many Alaskans who enjoy Alaska's
extensive outdoors. In a state as large as ours, local
government is often best-positioned to understand
local land-use issues, and this bill aims to guarantee
the ability of local municipalities to tailor specific
regulations to promote safe trapping practices within
their jurisdiction. Absent the passage of this bill,
local government may lack the ability to regulate
trapping under existing state law or the state
Constitution.
Drawing on provisions of Alaska statutes and the
Alaska Constitution, an Attorney General's opinion
from 1982 determined that municipalities cannot
directly regulate game but may enact ordinances with
an 'incidental effect' on game.
In effect, approximately fifteen cities or boroughs
within Alaska regulate trapping in some way already.
The scope of these regulations spans from prohibitions
on trapping of domestic animals, which is arguably
already illegal under the state's cruelty to animals
statute, to prohibitions on trapping within the entire
jurisdiction, which arguably is a direct regulation of
game.
HB 12 seeks to remove legal uncertainty over whether
existing or future municipal safe trapping ordinances
are direct regulations or merely have incidental
effect. It does so by: (1) stipulating the statutory
authorization of state game management in Title 16;
and (2) specifically authorizing municipalities to
limit trapping in certain ways (for example, trap tags
and signage) for a specific purpose (preventing injury
to people and domestic animals) in particular areas
(where injury is likely to occur) and allows for
exemptions (for example, to prevent the spread of
disease), in Title 29.
I urge you to support this legislation. Please feel
free to contact my staff Alexander at 465-4939 with
any questions.
9:21:47 AM
ALEXANDER SCHROEDER, Staff, Representative Andy Josephson,
Alaska State Legislature, on behalf of Representative Josephson,
prime sponsor of HB 12, presented a PowerPoint, entitled "HB 12:
Municipal Regulation of Trapping," [hard copy included in the
committee packet]. He began on slide 2, "Alaska Constitution,"
which read as follows [original punctuation provided]:
Two constitutional sections pertain to trapping
• Article X, Section 11. Home Rule Powers: A home rule
borough or city may exercise all legislative powers
not prohibited by law or by charter
• Article VIII, Section 3. Common Use: Wherever
occurring in their natural state, fish, wildlife, and
waters are reserved to the people for common use.
• There is ambiguity as to whether
cities/municipalities can manage trapping within their
local boundaries.
MR. SCHROEDER continued to slide 3, which featured a chart of
the municipal codes in 15 municipalities that prohibit trapping
within their boundaries in some capacity.
9:24:28 AM
MR. SCHROEDER proceeded to slide 4, "Trapping Regulations,"
which read as follows [original punctuation provided]:
Alaska trapping regulations are extremely permissive
regarding traps set near public-use trails
2023-2024 Alaska Trapping Regulations
• "Avoid situations where you might catch a domestic
dog or cat, such as near homes or trails frequently
used by hikers, skijorers, dog mushers, or other
people" (page 6)
• "Remember to act responsibly by trapping in ways
that minimize conflict between trappers and other
users. Failing to do so may jeopardize the future of
trapping in Alaska" (page 4)
• There is no clear penalty for failing to avoid
situations where a pet or child is caught in a trap by
a trail
Alaska Statute
• AS 16.05.790: Obstruction or hinderance of lawful
hunting, fishing, trapping, or viewing of fish or game
• Violation of this statute could result in a $500
fine and 30 days imprisonment
• Additionally, AS 16.05.791 allows civil penalties
for costs related to violation of AS 16.05.790
• There is a clear penalty for intentionally
obstructing or hindering a trap, even if it is near a
public-use trail
MR. SCHROEDER turned to slide 5, which featured the headlines of
articles reporting on animals caught in traps.
9:27:15 AM
MR. SHROEDER concluded on slide 6, "HB 12 What does it do?"
Slide 6 read as follows [original punctuation provided]:
• Resolves ambiguity about home rule
cities/municipalities powers to regulate trapping
within their boundaries
• Allows them to do so "to protect persons and
property within its boundaries?"
• Nothing in bill prohibits exercising powers of DEC,
DF&G, or DPS
CHAIR MCCORMICK opened invited testimony.
9:28:15 AM
LORRAINE TEMPLE, Director, Safe Trails Committee Cooper Landing,
gave invited testimony during the hearing on HB 12. Shared her
experience with trappers in Cooper Landing, explaining that
trappers and recreational users are forced to occupy the same
areas causing at least 9 dogs and 1 child in the past 20 years
to have encounters with traps. She reported that a 50-yard
setback from campgrounds was enacted by the Board of Game after
the Safe Trails Committee submitted five proposals to establish
100-yard setbacks from specific trails, roads, campgrounds,
beaches, and recreational areas. She relayed anecdotes about
close encounters with active traps in Cooper Landing. She
opined that a safer scenario could be achieved and allow for all
users to have the benefit of wilderness in their rightful ways
with an updated form of management.
9:33:51 AM
REPRESENTATIVE MEARS sought to confirm that the bill would
support local governments in implementing their own rules.
REPRESENTATIVE JOSEPHSON answered yes and cited Article 10 of
the Alaska Constitution.
9:35:06 AM
KNEELAND TAYLOR, representing self, gave invited testimony
during the hearing on HB 12. He provided historical context in
the way of court cases and public safety ordinances related to
trapping. He shared his understanding that first-, second-, and
third-class boroughs have the statutory authority to enact
ordinances that impact trapping; however, the state contends
that they do not, he said, which creates a jurisdictional
conflict. Therefore, the bill is needed to provide clarity. He
explained that commonly used traps used in Alaska can kill small
children and dogs. He opined that local governments are best
equipped at identifying the places that are inappropriate for
trapping. He reminded the committee that HB 12 would not
require municipalities to enact ordinances, and that doing so
would be at the discretion of each municipality.
9:42:55 AM
CHAIR MCCORMICK sought questions from committee members.
9:43:02 AM
REPRESENATIVE BAKER asked whether any municipalities had made it
known to the bill sponsor that they could not manage this
proposal.
REPRESENTATIVE JOSEPHSON answered no.
REPRESENATIVE BAKER asked whether there are any communities that
could not manage this issue without the passage of HB 12.
REPRESENTATIVE JOSEPHSON responded yes. He reported that the
list of communities that want to take affirmative action is
growing.
9:45:52 AM
REPRESENTATIVE MCCABE asked how many dogs or cats are killed by
vehicles every year.
REPRESENTATIVE JOSEPHSON did not know the answer.
REPRESENTATIVE MCCABE said he was struggling with the bill
because he felt for the animal owners and pets; however, he said
he blames the owners for not keeping their pets under control.
REPRESENTATIVE JOSEPHSON shared his belief that municipalities
may want to grant people the privilege of walking their pets off
leash without having to worry about traps. Furthermore, he
opined that a 50- or 100-yard setback would not be burdensome to
trappers.
REPRESENTATIVE MCCABE asked whether it would be acceptable for
the Alaska Department of Fish & Game (ADF&G) to contract with a
local trapper to reduce an infestation of muskrats, for example.
REPRESENTATIVE JOSEPHSON answered yes. He directed attention to
page 1, lines 9-10 of the bill, which speaks to municipal
exemptions.
9:50:36 AM
REPRESENTATIVE HIMSCHOOT referenced "Grubby" the opossum in
Homer. She asked how much of Alaska is available to trappers.
REPRESENTATIVE JOSEPHSON suspected that it exceeds 99 percent
[of state land].
REPRESENTATIVE HIMSCHOOT asked whether, by the bill sponsor's
estimation, that allowing municipalities to govern themselves by
setting aside areas free from trapping would have a minimal
impact on trappers' economic activity.
REPRESENTATIVE JOSEPHSON agreed that trappers' objective would
not be seriously impeded.
9:52:14 AM
CHAIR MCCORMICK said he wanted to bring the bill forward for its
applicability to rural Alaska.
[HB 12 was held over.]