04/29/1996 08:18 AM House RES

 SB 257 am - TAKING FISH OR GAME FOR PUBLIC SAFETY                           
                                                                               
 Number 1547                                                                   
                                                                               
 CO-CHAIRMAN WILLIAMS announced the committee would address SB 257             
 am, "An Act relating to the taking of game or fish for public                 
 safety purposes."                                                             
                                                                               
 GORDY WILLIAMS, Legislative Assistant to Senator Fred Zharoff,                
 Alaska State Legislature, came before the committee to explain SB
 am.  He informed the committee SB 257 was introduced in                   
 response to numerous complaints from communities throughout Senator           
 Zharoff's district about problems primarily with problem bears.               
 There are habituated bears within communities that are causing a              
 lot of uncertainty to residents.  Mr. Williams said it was not                
 clear on the authority on how these problems should best be taken             
 care of.  He pointed out there are rules on the books for defense             
 of life and property, but often it was thought by these communities           
 that there should be a better way to deal with a truly habituated             
 animal rather than waiting for a chance of tragedy in a defense of            
 life and property situation.                                                  
                                                                               
 MR. WILLIAMS said Senator Zharoff met with the department and the             
 Board of Game last fall to address these concerns.  Through those             
 discussions, it became apparent that the department didn't have               
 authority to authorize this.  He said "At the meeting, he went to             
 talk to the Board of Game at -- the Attorney Generals Office                  
 happened to be there to inform the Board of Game that actually                
 they'd had never had the authority to adopt regulations for public            
 safety either, or never had the clear authority."                             
                                                                               
 MR. WILLIAMS explained Section 1 of the bill authorizes the the               
 commissioner of the Department of Fish and Game to authorize the              
 taking of fish or game for public safety.  Section 2 refers to the            
 authority or the powers of the Board of Game to enact regulations             
 regarding taking of fish or game for public safety.  Section 1                
 would deal with the way the community would be able to contact the            
 department and work out a method to take a bear or whatever problem           
 animal was the topic.  Section 2 refers to the Board of Game's role           
 in this.  Mr. Williams said it is his anticipation that the                   
 department would work with the Board of Game and the public through           
 a process to come up with the criteria that would be involved.  So            
 if there was a problem in a rural community, there would be some              
 criteria to follow and a method so that the commissioner would be             
 able to make a decision on whether or not an animal could be taken            
 for public safety reasons.                                                    
                                                                               
 MR. WILLIAMS referred to Section 2.  He said the Board of Game has,           
 over the years, adopted numerous regulations.  Even the defense of            
 life and property regulation is a taking for public safety                    
 regulation which comes into question with the Department of Law's             
 interpretation that they didn't have that authority.  He referred             
 to requiring hunter education classes before hunting and said he              
 thinks there is an area in Anchorage where a hunter education class           
 is required before hunters can go out and hunt in that area.  The             
 taking of birds around airports is a public safety measure.  It is            
 not clear that the board had authority and has currently has                  
 authority to adopt those kinds of measures.                                   
                                                                               
 MR. WILLIAMS informed the committee members the bill hasn't had               
 opposition while it has been moving through the process.  He noted            
 there is a letter in the committee member's files from the                    
 Department of Fish and Game that makes a reference to the village             
 public safety officer - the VPSO (village public safety officer)              
 program that could be used in some of the areas for the taking.               
 That caused concern with the Department of Public Safety because              
 those officers are not allowed to currently carry weapons.  If you            
 were going to get into that, it kind of opens up an area of                   
 liability.  Mr. Williams said that wasn't their intent, but it is             
 their belief that they could be involved in the process, but                  
 probably would not be involved in the actual taking on official               
 duty as it could open up another area for the department.  The VPSO           
 could have a role in helping to identify the habituated animals and           
 work with the department to come up with a solution.                          
                                                                               
 MR. WILLIAMS said other concerns he has heard on the bill are that            
 people don't want the communities to not address what caused the              
 bears to become habituated.  Often it's a problem around a land               
 fill or other attractions for these bears.  He noted the bill is              
 not a "cure all" by any means.  We need to also deal with the                 
 attractions to try and break the cycles.  He said he would be happy           
 to answer questions.                                                          
                                                                               
 Number 1758                                                                   
                                                                               
 WAYNE REGELIN, Director, Division of Wildlife Conservation,                   
 Department of Fish and Game, indicated the department is in support           
 of support of SB 257 am.                                                      
                                                                               
 CO-CHAIRMAN GREEN asked Mr. Regelin if the department currently               
 takes care of areas where people have a problem with bear sightings           
 or unusual activities.                                                        
                                                                               
 MR. REGELIN indicated that is correct.  In areas where they have              
 staff, there are no real problems.  They destroy the animal or                
 capture it and move it.  Out in rural areas where they don't have             
 staff, this will give the department the opportunity to delegate              
 authority to an individual in the community to take care of the               
 problem without worrying about getting in trouble with the law.               
 Mr. Regelin said it will make it clear that a person won't get sued           
 by somebody that doesn't want anything to ever die.                           
                                                                               
 Number 1850                                                                   
                                                                               
 CO-CHAIRMAN WILLIAMS said he lives in Saxman where there are a lot            
 of bears.  They need something there.  He noted the department                
 comes out there often and sets bear traps, but it doesn't always              
 work in trying to get the bears to come into the traps.  He said              
 they have since they have closed the land fill.  Co-Chairman                  
 Williams discussed a situation where a bear had been relocated and            
 it has made its way back to Saxman.  He said he believes the bill             
 is a good bill.                                                               
                                                                               
 MR. REGELIN said he agrees it doesn't solve all the problems.  In             
 Ketchikan, it is going to take some time for the problem to be                
 solved.  He noted the department is under lots of pressure to move            
 the bears rather than to destroy them.  They are given one chance             
 and if they come back, they have to be destroyed.                             
                                                                               
 Number 1925                                                                   
                                                                               
 CO-CHAIRMAN WILLIAMS asked if there was any further people to                 
 testify.  There being none, he closed the public hearing on SB 257            
 am.