03/22/1996 09:00 AM Senate JUD

         SB 257 TAKING FISH OR GAME FOR PUBLIC SAFETY                         
                                                                              
 SENATOR FRED ZHAROFF, sponsor of SB 257, explained the measure                
 relates to the taking of fish and game for public safety purposes             
 and stems from a community concern about problematic bears.  The              
 Board of Game has authority to address the situation but could face           
 litigation or charges by doing so.  SB 257 gives the Commissioner             
 of the Fish and Game the ability to authorize the taking of fish              
 and game for public safety reasons, and gives the Board of Game the           
 authority to adopt regulations regarding issues of public safety              
 that relate to game. This bill will allow the board to work with              
 the public and department to establish criteria and mechanisms to             
 deal with legitimate threats to public safety.  Questions arose in            
 the Senate Resources Committee about liability problems associated            
 with the involvement of VPSOs.  Someone in each community, possibly           
 a VPSO, should be knowledgeable about the mechanism in place, and             
 should contact the appropriate person or agency to carry out the              
 procedures.  If necessary, the Board could make recommendations for           
 training for those involved.  This is a problem the local residents           
 should be able to address without making the state liable.                    
                                                                               
 Number 084                                                                    
                                                                               
 SENATOR TAYLOR asked whether the department is concerned that it              
 may be held liable if a VPSO attempts to get rid of a problem bear.           
 SENATOR ZHAROFF replied yes, because the VPSO might not be properly           
 trained.  The main concern was whether VPSOs should have the                  
 authority to carry weapons.                                                   
                                                                               
 SENATOR TAYLOR thought the bill allows the department to continue             
 doing things it has done for over 30 years without the authority,             
 and is long overdue.  No one should object to permitting a fish and           
 game biologist to actively, rather than passively, manage the                 
 resource.  SB 257 provides a tool to be used for effective                    
 management purposes.                                                          
                                                                               
 SENATOR ZHAROFF agreed that was the intent.  When he approached the           
 Board of Game to find out how it could resolve the local situation,           
 it found it did not have the authority to take the additional step.           
 This legislation allows it to do that.                                        
                                                                               
 Number 116                                                                    
                                                                               
 RICHARD GRAHAM, with the Alaska Division of Fish and Wildlife                 
 Protection, testified in support of SB 257.  He shared Senator                
 Zharoff's concern about who, specifically, would be permitted and             
 responsible for taking the nuisance animals in the various                    
 locations around the state.  The Alaska State Troopers were                   
 concerned about the VPSOs, but that problem has been resolved.                
                                                                               
 There being no further testimony, SENATOR GREEN moved SB 257 from             
 committee with individual recommendations.  There being no                    
 objection, the motion carried.