Legislature(1997 - 1998)
04/03/1998 03:00 PM House FIN
Audio | Topic |
---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 364 "An Act requiring nonresident hunters to be accompanied when hunting moose; and providing for an effective date." REPERSENTATIVE IVAN IVAN spoke in support of HB 364. He noted that are two reasons why HB 364 was introduced. The first reason addresses conservation and would require nonresident hunters to take a moose hunting orientation course offered by the Department of Fish and Game. There is concern that it is difficult for nonresidents to determine whether or not a moose is legal. The present moose antler restriction for nonresident hunters is a minimum of 50 inches and spike/fork regulations are in effect in most game management units. The requirement for an orientation course would result in less sub-legal moose being killed and wasted. An additional concern for the legislation would be to reduce the waste of moose meat. The purpose of the transporter requirement is to reduce waste of moose meat by those who may not have the knowledge or capability, for whatever reason, to care for the meat in the field. The transporters would be held responsible for spoilage or wanton waste if they fail to check on their clients and take moose meat out of the field before waste or spoilage can occur. The transporters currently have no responsibility for the actions of their clients. He provided members with Amendment 1 (copy on file). TOM WRIGHT, STAFF, REPRESENTATIVE IVAN reviewed Amendment 1. He observed that the Department of Public Safety requested the first part of the amendment. The amendment would delete the three-day requirement. Transporters would be required to keep a written record, which they already have to file with the Department of Commerce and Economic Development, with them when they make a transport of hunters or meat in or out of the field. The Department of Public Safety feels that this would allow them to keep better track of hunters and meat. The three-day requirement was deleted because the Department felt it was not an enforceable statute. (Tape Change, HFC 98 -89, Side 1) KEN TAYLOR, DEPUTY DIRECTOR, DIVISION OF WILDLIFE CONSERVATION, DEPARTMENT OF FISH AND GAME reviewed Amendment 1. He observed that a moose hunting orientation course could be sent through the mail, to hunters who apply by mail, for licenses and tags. A substantial number of hunters apply for their licenses and tags through the mail. The Department's fiscal note includes funding for a kiosk at the Anchorage airport. He noted that the Department would like the legislation to be amended to delay the effective date to July 1, 1999. Co-Chair Hanley asked if it is constitutional for a non- resident to have to take a course that a resident doesn't have to take. Mr. Taylor could not answer. In response to a question by Co-Chair Hanley, Mr. Taylor explained that every non-resident that applies by mail, would receive a video of the course. The video would cost $10 dollars. An affidavit affirming that they have watched the course would be signed on their non-resident moose tag. The video would help hunters identify legal moose and take care of meat. Co-Chair Hanley expressed concern that there might be constitutional concerns. Co-Chair Therriault suggested that "or" be changed to "and". Mr. Wright agreed. Co-Chair Hanley recommended that the legislation state that a "nonresident may not obtain a moose tag unless the nonresident signs a statement affirming they have either completed a moose hunting course offered by the Department or will be accompanied." Mr. Taylor noted that the Department's concern was that two mailings would be required because hunters would not receive their tag until after they had completed the course. The Department wants to ship the tag, license and videotape at on time. Co-Chair Hanley emphasized that the legislation seems to say that persons that apply by mail would not have to take the course. The intent is not that those that apply by mail would not have to take the course. Co-Chair Therriault added that the only tags that can be received by mail would come from the Department. Representative Grussendorf did not think that there would be a constitutional problem. He observed that hunting is a privilege. Mr. Taylor explained that $5 thousand dollars in the Department's fiscal note would go toward airport leasing. The kiosk would be approximately $20 thousand dollars. Twenty-six hundred dollars is included for postage. In FY 99, would be contractual to put the video footage together. Representative Davies suggested that the first "obtain" be changed to "use" on page 1, line 22 of Amendment 1. Everything from the second obtain would be deleted through to the word "nonresident". The recommended language would provide that the tag could be received but could not be used unless they had signed a statement. Mr. Taylor spoke in support of the suggested language. Representative Foster noted the difficulty of discerning moose size. Mr. Taylor clarified that a one-year residence would be required. Representative Foster observed that some residents would benefit from the course. He expressed concern that transporters would be burdened by Amendment 1. Mr. Wright explained that transporters would only be required to carry records that currently must be submitted on an annual basis. He emphasized that the information would assist the Department of Public Safety in their enforcement efforts. Representative Foster expressed concern that transporters would have more paper work requirements. TED KRIEG, NATURAL RESOURCE DEPARTMENT, BRISTOL BAY NATIVE ASSOCIATION, DILLINGHAM spoke in support of the legislation. He noted that wanton waste has been a concern of the Association. He spoke against allowing course certification through video participation. He maintained that viewing a video is not enough. He spoke in support of requiring transporters to check with hunters every three days. He stressed that some hunters only want the horns. He asserted that meat should be taken care of, so that it can be used by locals. He expressed concern that moose are being left and the meat wasted because they are not legal size. The course should provide the ability to identify a legal moose, make sure that meat will not be wasted and assure that hunters realize the amount of meat that is involved. He asserted that transporters must be responsible for the hunters they take out. Representative Foster questioned the premise that hunters should be responsible for the actions of another person. Mr. Krieg reiterated that transporters should be responsible. Representative Foster observed that weather could prevent transporters from contacting hunters within the suggested three-day period. He stressed that pilot's job is to fly not to police. Co-Chair Therriault noted that the legislation currently requires that the transporter check on hunters every three days. Representative Foster questioned what would happen if the hunter does not pay the transporter to come back in three days. Representative Grussendorf suggested that hunters would have to pay for checks. Representative Foster acknowledged the intent, but expressed concern with making transporters responsible for a third party. VIRGIL UMPENOUR, BOARD OF FISHERIES, FAIRBANKS spoke in support of HB 364. He noted that he is a registered hunting guide and operates a meat and fish processing plant in Fairbanks. He stressed that the primary issue is the direct competition with subsistence use of non-regulated nonresident hunters. He felt hunters should be required to be physically present at the course. He observed problems with sub-legal moose being shot and left in the field and meat being wasted due to a lack of transportation. He observed that the number of nonresident moose hunters in unit 21D increased by 300 percent in 1995-1996. As much as 30 percent of the moose are taken by nonresidents. He maintained that the majority of the meat is spoiled. In response to a question by Representative Davies, Mr. Umpenour observed that guides are responsible to get the meat out in good condition. He emphasized that transporters already have to keep a hunt record. The legislation would require that the record be kept with them when they are transporting hunters or meat. Transporters would be required to report violations of their clients in the same manner as a guide. MICHELLE SPARCK, RESOURCE SPECIALIST, ASSOCIATION OF VILLAGE COUNCIL PRESIDENTS, BETHEL spoke in support of the legislation. She emphasized that moose meat is being wasted. One moose is equivalent to five caribou. She stressed the importance of the meat to feed local residents. Meat keeps longer when it is attached to the bone, but hunters cut it away to reduce weight. She maintained that a video is not sufficient preparation for hunters. She spoke in support of the legislation's original language. HERMAN MORGAN, CITY MANAGER, ANIAK spoke in support of HB 364. He noted that he is a subsistence hunter. He asserted that moose meat is being left to rot and waste. He maintained that the moose that locals depend on are being endangered. A lot of meat is going to waste that could feed locals during the winter. He maintained that it is an insult to the dignity of the subsistence life style. He stressed that a video can not take the place of an experienced guide. He asserted that no one is taken responsibility for all of the rotting meat. GILBERT HUNTINGTON, GALENA spoke in support of HB 364. He noted that he is a registered guide and a subsistence hunter. He spoke in support of the original language of HB 364. He expressed concern that moose meat is being wasted. He asserted that transporters bring hunters in without guides. He emphasized that guides look after the resource. He stressed that anyone can sign his or her name to an affidavit. ROD ARNO, PRESIDENT, ALASKA OUTDOOR COUNCIL spoke in support of HB 364. He stressed that nonresident hunters are perceived as trophy hunters that allow meat to spoil. He noted that wanton waste is a crime punishable by one to five in jails. He maintained that it is an enforcement issue problem. He stated that it would be advantages to increase hunters' skill levels and spell out the client transporter obligation and relationship. He cautioned that too large of a hurdle not be created to nonresident hunters. He observed that in 1997 there were approximately 14,000 nonresident hunters. Nonresident hunters brought in $6.5 million dollars in 1997, or $462 dollars per hunter in licenses and fees. Federal aid based on the license sales of nonresident hunters was $8.5 million dollars in 1997. Nonresident hunters are responsible for more than 90 percent of the Division of Wildlife Conservation's' budget. He stated that the perception of nonresidents would benefit from the care of meat. He spoke against Amendment 1. He stated that the amendment would take the guts out of the legislation. Section 1 of CSHB 364 (RES) would make transporters responsible for wasted meat. He suggested that Section 1 could be amended by removing language-requiring transporters to check on clients every three days. The remaining language would read, " In order to maximize the use of game taken by clients of transporters, transport meat of game taken by the clients out of the field before waste or spoilage can occur." He maintained that the transporter/client relationship needs to be clear. He emphasized that the transporters advertise for nonresident for drop off hunts. Transporters decide where nonresidents will hunt. He maintained that they need to be held responsible for wanton waste. He stressed that transporters should follow the same procedures as guides to make sure that there are not too many clients in the field to be adequately served. If transporters report spoiled meat the responsibility would be on the client. If meat is spoiled because a transporter can not cover all of his clients before spoilage occurs they should be partially responsible. HB 364 was HELD in Committee for further consideration.
Document Name | Date/Time | Subjects |
---|