Legislature(2003 - 2004)
04/07/2004 09:06 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 303(RES)
"An Act relating to the Big Game Commercial Services Board and
to the regulation of big game hunting services and
transportation services; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken explained that the Senate Rules Committee, at the
request of the Legislative Budget & Audit Committee, sponsors this
legislation. The bill would re-establish a Big Game Guide Board
system for the guiding industry in a fashion similar to one that
had previously been established.
HENRY WEBB, Staff to Representative Ralph Samuels, and Aide,
Legislative Budget & Audit Committee (LB&A) stated that this bill
would reestablish the Big Game Commercial Services Board, in
response to "oversight of the industry" concerns raised in a
Division of Legislative Audit [copy on file], dated October 16,
2003, that have developed since the Board was terminated in the mid
1990s. The concerns identified include the inability of various
State departments, including the Department of Community and
Economic Development, the Department of Fish and Game, the
Department of Public Safety, the Department of Environmental
Conservation, and the Department of Natural Resources as well as
various federal agencies such as the Bureau of Land Management, the
Forest Service, the Federal Aviation Authority (FAA) and the
Federal Communication Commission (FCC) to coordinate with each
other. Another problem identified in the Audit was a lessening of
ethical standards, as no code of ethics currently exists in State
statute. Furthermore, there is a lack of detailed business and
operating standards; there is an inadequate hunter safety standard;
and there is "a diminished disciplinary climate for unethical
conduct." The Department of Community and Economic Development is
unable to adequately address consumer complaints, and therefore,
"their [the consumer] only recourse is litigation." There are
currently no sanctions for multiple consumer complaints or game
violations.
Mr. Webb continued that following the termination of the Board,
"fines for infractions were significantly reduced," and
registration qualifications are only applicable to registered
guides. While it has been suggested that the Department of
Community and Economic Development could address concerns without
the establishment of a Board, the consensus is that were this
feasible, the concerns would not have elevated to their current
level. There is no ability to bring all the affected parties
together to address solutions.
Mr. Webb stated that the re-establishment of a Board would provide
a venue through which problems facing the hunting industry could be
addressed, including improving communication, having expertise with
which to oversee the industry, and having the ability to "act
proactively rather than reactively." A Board is deemed to be a
necessary oversight tool. This legislation was developed after
discussions with various interested departments. He stressed that
the Board would be self-supporting.
Senator Hoffman inquired to the composition and appointment of
Board members.
Mr. Webb stated that the members of the Board are identified in
Section 3, subsection (b) page two, beginning on line four as
follows.
(b) The board consists of seven members as follows:
(1) two members who are current, licensed registered
guide-outfitters;
(2) one member who is a licensed transporter;
(3) one member of the Board of Game who is chosen by the
Board of Game and who does not hold a guide or transport
license;
(4) two members who represent private landholders
affected by guided hunting activities or transportation
services and who do not hold a license issued under this
chapter; and
(5) one public member.
Senator Hoffman observed there to be a lack of regional
representation.
Mr. Webb responded that the private landowner member could provide
the regional consideration.
Senator Olson pointed out that the Division of Occupation
licensing, Fiscal Note #1, specifies the regional representation
composition of the Board.
Mr. Webb understood that the fiscal note's analysis was developed
in an effort to determine expenses.
Senator Olson voiced that the representation specified in fiscal
note #1 would not adequately represent big game hunting activity in
the State, specifically that the areas west of Fairbanks should
have higher representation.
Mr. Webb could not adequately respond, as he was not involved in
the development of the Department's fiscal note.
Senator Olson asked for further information, specifically the
negative affects that have resulted, by the termination of the
original Board.
Mr. Webb responded that, while he was not involved in the process
at the time, "there was a perception that the Board was captured by
special interest" groups. He deferred to the Legislative Audit
Division to further answer the question.
PAT DAVIDSON, Legislative Auditor, Legislative Audit Division,
explained to the Committee that one of biggest factors in
terminating the Board was a 1988 Alaska Supreme Court decision, the
Owsichek Decision, which outlawed Exclusive Guide Areas (EGA),
which were established in 1976 by the original Board. At that
point, a lack of consensus as to the direction of the Board, rather
than a particular action, seemed to occur that furthered its
dissolutionment. She noted that all Boards operate under the
auspice of a termination date.
Senator Olson asked for examples of the negative affects that have
caused reconsideration of this Board.
Ms. Davidson responded that the Audit found that no Best Business
practices have been established in Statute or regulations in this
regard. In addition the Division of Occupational Licensing was
unable to provide sufficient criteria in which to provide an
environment in which "hunters felt economically comfortable." While
the Audit did conclude that some statutory changes would be
necessary to enhance the industry, it had not concluded that the
establishment of a Board was essential. However, it should be noted
that when a Board exists there is a more active regulatory regime
because it actively pursues regulation changes and enhancements in
order to follow "the direction of where the industry is going." The
audit left the re-establishment of a Board decision up to the
Legislature.
Senator Olson asked whether outfitters and guides support the
legislation.
Ms. Davidson responded that the focus of an audit is to review
State agency action. While the Department of Community and Economic
Development does not support the re-establishment of a Board, the
Department of Fish and Game does.
Senator Olson asked whether the guide industry would support this
legislation.
Ms. Davidson stated that while she was confident that the industry
would support the re-establishment of a Board, she could not
officially speak on their behalf.
Senator Hoffman asked whether the "best business practices" are
represented in this bill.
Ms. Davidson responded that that the bill addresses many of the
issues raised in the audit.
Senator Hoffman, referencing language in Section 9, subsection
(C)(ii) on page eight, lines 16 through 19, questioned whether the
language in that section promotes best business practices as it
might be difficult for an individual, in the military for example,
to obtain the required experience.
(ii) has at least 10 years' hunting experience in the state;
military service outside of the state for not more than three
years shall be accepted as part of the required 10 years'
hunting experience; and
SFC 04 # 75, Side A 10:42 AM
Ms. Davidson deferred to other entities to answer the question, as
the audit does not address that issue.
Mr. Webb understood that the language in question is in existing
statute.
Senator Hoffman asked whether this bill would comply with decision
of the aforementioned lawsuit.
Ms. Davidson understood that the bill would not establish Exclusive
Guide Areas. EGA were determined to be unconstitutional as a result
of that decision.
Senator Hoffman contended, therefore, that guides would compete for
the best hunting areas. This would make it harder to manage the
resources in those areas.
Co-Chair Wilken asked whether this concern is addressed in Section
28. Use area registration. on page 17, beginning on line 20.
WAYNE REGELIN, Deputy Commissioner, Department of Fish and Game,
informed the Committee that the Alaska Professional Hunters
Association helped draft this legislation, requested that the Audit
be conducted, and "are in full support" of its enactment.
Continuing, he stated that the bill would not have any effect on
the Owsichek decision that outlawed exclusive guide areas.
Senator Hoffman understood therefore that the bill would continue
to be in compliance in that regard.
Mr. Regelin affirmed that this legislation would have no affect on
exclusive guide areas. EGAs would not be permitted under this bill.
Senator Hoffman asked how a desirable area's resources would be
protected.
Mr. Regelin stated that this legislation would "go a long way
toward" resolving existing problems. Big Game Guides would continue
to have three areas in which to hunt and conflicts could be
addressed. This legislation would provide the Board of Game, who
strongly support this bill, another Board to work with to try to
resolve such things as user conflicts and the regulation of the
number of guides and transporters operating in a certain area.
Mr. Regelin noted that while federal agencies are currently
regulating and limiting hunting activity on federal land, the State
is currently unable to do so. The establishment of this Board would
further coordinate activities on State land.
Senator Hoffman referenced the section in the bill that could
essentially provide military personnel living outside the State, a
preference in that their military time would be recognized as
qualifying time for the guide hunting experience requirement. He
asked whether those who are familiar with an area could be provided
some sort of preference.
Mr. Regelin responded that while he is not thoroughly knowledgeable
with all the intricacies of the bill, he understood that while
guides must be familiar with an area and could register for up to
three permits, no local user preference is provided.
Mr. Webb stated that during discussions with Ron Summerville, a
member of the Board of Game, it was suggested that a course be
developed through which local knowledge could be shared within the
industry.
Senator Hoffman questioned how this would benefit the local
individuals, as they are already familiar with local resources.
Senator Bunde noted that in existing statute, there is language
that would encourage locals to become assistant guides. This would
provide a step toward becoming a registered guide.
Senator Bunde expressed being aware that, on occasion, transporters
exceed the definition of being a transporter and conduct guide type
work. Therefore, he noted that conflict might arise due to having
both guides and transporters on the Board.
Mr. Webb agreed that the transporter issue is of concern. This bill
would attempt to further define the line between being a
transporter and a guide/outfitter. The guide/outfitter reference is
made repeatedly in the bill to clarify that in order to be an
outfitter, a person must be a licensed guide.
Co-Chair Wilken asked for further discussion in this regard as this
is an important issue.
Mr. Regelin commented that this bill would authorize the Board to
address issues such as the regulation of transporters. The Board's
broad membership representation would enable it to appropriately
further the issue. This is a sensitive issue that would take small
steps over a series of year to address.
Mr. Regelin also noted that the Board of Game has no authority
regarding conflicts that could arise when transporters take large
numbers of hunters to the same area. It is also important that this
Board be re-authorized, as this industry "desperately" needs an
effective mechanism with which to discipline guides who are not
following the law.
Senator Bunde agreed that there is a need for an oversight body. He
asked whether current State statute clearly defines of what
constitutes an outfitter, guide, or transporter.
Mr. Webb stated that definitions are included in Section 32. Sec.
08.54.790. Definitions. beginning on page 20 and continuing through
page 22 of the bill.
Senator Olson asked whether this legislation would affect air taxi
operators who provide transportation throughout the State.
Mr. Webb clarified that this legislation would not affect air taxi
service operators.
Co-Chair Wilken announced that the bill would be HELD in Committee.
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