05/01/1996 08:10 AM House RES

 SB 257 am - TAKING FISH OR GAME FOR PUBLIC SAFETY                            
                                                                              
 Number 352                                                                    
                                                                               
 CO-CHAIRMAN GREEN announced that SB 257 am was the next bill to be            
 heard.                                                                        
                                                                               
 Number 371                                                                    
                                                                               
 GORDON WILLIAMS, Legislative Assistant to Senator Fred Zharoff,               
 testified that SB 257 amended was introduced by Senator Zharoff in            
 response to a lot of problems expressed by individuals throughout             
 his district about habituated bears in communities which was                  
 affecting people's feeling of safety.  Additionally, it was felt              
 that the defense of life and property laws were not addressing the            
 situation with the habituated animals.  Senator Zharoff met with              
 the Department of Fish & Game and the Board of Game last fall and             
 through those discussions, it was determined that at this point               
 neither the department nor the board had the clear authority to               
 make regulations for the taking of fish or game for public safety             
 reasons.                                                                      
                                                                               
 Number 474                                                                    
                                                                               
 MR. WILLIAMS explained that Section 1 of the bill provides that the           
 commissioner of the Department of Fish & Game can authorize the               
 taking of fish or game for public safety reasons.  Section 2                  
 addresses the Board of Game's authority in this area.  In December,           
 Senator Zharoff addressed the Board of Game and the Attorney                  
 General's Office was also present to notify the board that they               
 probably had never had the authority to make regulations for public           
 safety, clearly did not have it, probably couldn't adopt the                  
 regulations that were before them at that meeting and probably                
 didn't have the authority to do some of the things they had done in           
 the past including defense of life and property, hunter education             
 classes, taking birds around airports and those types of things               
 that are done for public safety reasons.  The Attorney General's              
 Office advised the board they needed to addressed the issue and out           
 of that came this legislation.                                                
                                                                               
 Number 563                                                                    
                                                                               
 CO-CHAIRMAN BILL WILLIAMS made a motion to pass SB 257 amended from           
 committee with individual recommendations.                                    
                                                                               
 CO-CHAIRMAN GREEN commented the committee had heard this bill                 
 previously; however, not all the members were present.  He asked if           
 there was further discussion.                                                 
                                                                               
 Number 579                                                                    
                                                                               
 REPRESENTATIVE JOHN DAVIES referred to Section 1 and asked Mr.                
 Williams if there would be some consideration to alternate means              
 rather than disposing of the animal.                                          
                                                                               
 MR. WILLIAMS responded they envision the department working with              
 the board to establish criteria for how this will be implemented.             
 That will be done through a public process to establish steps that            
 a community or group would go through to contact the department and           
 explain what they have done to alleviate the habituated bear, moose           
 or whatever.  He noted that Haines has put together a community               
 policy on exactly what needs to be done and he foresees something             
 along those guidelines but it would be developed along with the               
 board.  While there's been no opposition to this bill, individuals            
 have expressed concern in that they don't want this bill viewed as            
 relieving the community responsibility for not attracting animals             
 in the first place.  Those things need to be addressed on a                   
 continuing basis to remove the attractions for the animals;                   
 however, when the animals are clearly habituated, he thinks this is           
 a needed tool.                                                                
                                                                               
 Number 709                                                                    
                                                                               
 REPRESENTATIVE OGAN asked what methodology would be in place to               
 ensure that this wasn't abused.  The way he interpreted the statute           
 was for example, if there was a problem with birds at an airport,             
 as we've had recently, you could technically blast the birds, take            
 eggs or whatever.  He asked if that was a fair interpretation of              
 the statute?                                                                  
                                                                               
 MR. WILLIAMS said it is envisioned that both the board and                    
 department would establish the criteria.  He noted the board has              
 done some things with regard to birds, but they're being told now             
 that they never clearly had the authority to implement regulations            
 for public safety so they can't do that type of thing unless it's             
 clarified in statute that they have those powers.                             
                                                                               
 Number 808                                                                    
                                                                               
 CO-CHAIRMAN WILLIAMS made a motion to pass SB 257 am out of                   
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.