Legislature(1995 - 1996)
05/02/1996 01:10 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 257 AM - TAKING FISH OR GAME FOR PUBLIC SAFETY Number 1275 CHAIRMAN PORTER announced the committee would hear SB 257 am, "An Act relating to the taking of game or fish for public safety purposes." GORDON WILLIAMS, Legislative Assistant to Senator Fred Zharoff, came forward to give the sponsor statement. He explained SB 257 was a result of a lot of problems, primarily throughout Senator Zharoff's district, with habituated bears in a lot of communities which was leaving people with the feeling that they were very unsafe. The current defense of life and property regulations didn't properly address those concerns with truly habituated animals in that if you waited for a real defense of life and property situation there was a chance that someone would be hurt. It would be a bad situation and the bear might not be taken in the best place. If you had these type of animals that could clearly be identified as habituated animals that there was a better process that should be arrived at for the taking of a bear or, in some areas, other animals. Mr. Williams indicated Senator Zharoff met with the department and the Board of Game. He first met with the department and they suggested that he talk to the Board of Game. Senator Zharoff went to the Board of Game meeting and discussed the issue. He said somebody from the Attorney General's Office was at that meeting to inform the board that they currently didn't have the clear powers to adopt any regulations for public safety reasons, and that defense of life and property, taking of birds around airports, etc., were in doubt without clearing some things up in statute. MR. WILLIAMS explained the bill has two sections. Section 1 gives the commissioner of the Department of Fish and Game the authority to authorize the taking of fish and game for public safety reasons. Section 2 gives the Board of Game the authority to adopt regulations on the taking of those animals. Mr. Williams said the way he understands the bill would work is that the Board of Game would work with the department or the department would work with the Board of Game to establish criteria through the public process on how this would be implemented and what criteria would be followed if a community notified the commissioner that there was an animal they thought was a clear public safety problem. He said with the cutbacks in budgets, it is very hard for the department to get personnel out in the field. The larger communities seem to have a way to deal with these problems with the local police forces. These problems are often taken care of in Anchorage or Juneau, but the small communities feel they don't have the same ability to handle their own problems. He said, "There hasn't been any particular opposition to the bill as it goes through. There has been concerns expressed that persons don't want communities or others removed from the responsibility of not attracting these animals in the first place or causing problems and with bears, that's usually a habituated bear and it often revolves around a landfill problem or something similar, and the senator recognizes that and we've been working with DEC (Department of Environmental Conservation) and others on ways to make sure that landfills and attractions for the bears are part of the equation too. So it just doesn't give, you know, authority to not live up to those responsibilities and just take the animals. The best scenario is that you don't have to do it - don't attract em in the first place." Number 1510 REPRESENTATIVE TOOHEY said she is a little curious as to how it can be done in Anchorage. She asked if that is within the city municipality as they often shoot bears within the Anchorage area. WAYNE REGELIN, Director, Division of Wildlife Conservation, Department of Fish and Game, explained that in the larger cities such as Anchorage, Fairbanks and Juneau, the Department of Public Safety or Fish and Wildlife Protection are already there and they shoot the animals. He referred to the small areas that don't have a public safety officer, etc., and said they will probably set it up so that they will be able to authorize someone in the community to do it without the worry of the repercussions of taking a bear out of season. Number 1603 REPRESENTATIVE BUNDE explained that a couple of weeks ago a black bear was shot in the Eagle River area by a police officer and there was some conversation in the newspaper about whether the officer really had the authority to do it as it wasn't a threat to life and property, the bear was wondering the neighborhood and there possible kids in the area, but it wasn't chewing on anyone. He said the police officer had questions as to whether he was authorized. He wasn't charged for anything. Representative Bunde asked if the bill would help clarify that situation. MR. REGELIN said he doesn't think it would, but that is something that they need to work with on some policy issues with the different police department because they don't want to second guess them. It would make the police officer's jobs easier if there were some guidelines. He said he believes what will come out of this are some guidelines for him as to when he can issue a permit, and also some standard guidelines that they can send to the police departments around the state. Number 1668 CHAIRMAN PORTER said he would think that the regulations adopted for the process where there aren't any law enforcement officers would have the criteria in it that the Anchorage Police Department or somebody else could use. He said he is sure it would not be imminent threat of two inches separation. REPRESENTATIVE BUNDE said it was his interpretation that the police officer was looking for that kind of clarity. He stated he would encourage that. Representative Bunde said there is an increasing volume of life and safety bear kills that are questionable. He said once this is developed, will there be an overall educational intent that not just someone around a village, but somebody walking a stream will have a little more clarity as to when they can take a bear in the defense of life. MR. REGELIN explained it is an area that certainly needs some attention. He said they had a CIP in to do that. He said they will do their best to come up with some guidelines to help, but there needs to be some programs put together on how to deliver them to the people that need them. It is not an easy solution. Number 1760 REPRESENTATIVE BUNDE made a motion to move SB 257 with individual recommendation and with the attached zero fiscal note. CHAIRMAN PORTER asked if there was an objection, hearing none SB 257 am was moved out of the House Judiciary Committee.
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