03/24/1998 01:15 PM House RES

HB 414 - MANAGEMENT OF GAME                                                    
                                                                               
CO-CHAIRMAN OGAN announced the first order of business was House               
Bill Number 414, "An Act relating to management of game and to the             
duties of the commissioner of fish and game."                                  
                                                                               
Number 0086                                                                    
                                                                               
DICK BISHOP, Representative, Alaska Outdoor Council (AOC),                     
testified in Juneau.  The delegates of the AOC recently voted to               
support HB 414.  The AOC has worked with the sponsor on the                    
language.  It fills an important gap in game management policy by              
directing the Board of Game to establish regulations, promoting                
high levels of harvest, and specifying cooperation between the                 
board and the Department of Fish and Game.  The AOC also supports              
establishing personal and family use for consumptive as the highest            
and best use of game.  The priority is already implied in statute,             
for example state law requires saving meat from game.  It is also              
central to the values of all hunters - sport, subsistence, general             
or food.  The findings accurately reflect the ongoing challenge of             
providing for these legitimate human uses.  In general,                        
nonconsumptive uses benefit from a (indis.) game population also.              
There is no inherent incompatibility between consumptive and                   
nonconsumptive uses of game.  The amendment that has been offered              
addresses the concern of opening areas that are presently closed               
arbitrarily by providing a rational basis.  The AOC urges the                  
passage of the bill.                                                           
                                                                               
Number 0300                                                                    
                                                                               
GERON BRUCE, Legislative Liaison, Office of the Commissioner,                  
Department of Fish and Game, stated when it comes to deciding among            
the different uses of fish and game the board system has worked                
well by allowing people to argue their points.  The department                 
thinks that is the best way to allocate the use of these resources.            
He has provided a list from Title 5 of the areas closed by Board of            
Game regulations for hunting and trapping.  Some of the closures               
were established specifically to protect or enhance wildlife                   
viewing opportunities, such as the McNeil River State Sanctuary.               
It is doubtful whether they would remain closed.  McNeil River is              
closed by statute, but there are many other areas, including the               
game refuge around it, that are closed by regulation.  The                     
department is not quite in agreement with the bill yet.                        
                                                                               
Number 0460                                                                    
                                                                               
CO-CHAIRMAN OGAN stated the definition of the term "game" in the               
dictionary is "wild animals, birds, fish hunted for food or sport."            
He suggested that the Department of Fish and Game look at the                  
definition.                                                                    
                                                                               
Number 0485                                                                    
                                                                               
MR. BRUCE further stated he recognizes that the sponsor has                    
attempted to remove the conflict with a subsistence priority use.              
                                                                               
Number 0540                                                                    
                                                                               
BRUCE CAMPBELL, Legislative Assistant, to Representative Pete                  
Kelly, Alaska State Legislature, stated there is an amendment based            
on testimony from the last hearing.  It reads as follows:                      
                                                                               
     TO:  HB 414                                                               
                                                                               
          Page 3, line 7, following "game.":                                   
                                                                               
               Insert "(a)"                                                    
                                                                               
          Page 3, line 8, following "family":                                  
                                                                               
               Delete all material                                             
                                                                               
               Insert "consumption.  The other"                                
                                                                               
          Page 3, following line 11:                                           
                                                                               
               Insert a new subsection to read:                                
                                                                               
                    "(b) Notwithstanding (a) of this section, the              
                    Board of Game may maintain a regulatory                    
                    closure of an area to hunting or trapping that             
                    is in effect on the effective date of this                 
                    subsection if the repeal of the closure would              
                                                                               
                    (1) create a significant risk to public                    
                    safety;                                                    
                                                                               
                    (2) pose a risk to continued sustained yield               
                    management of a game population;                           
                                                                               
                    (3) not significantly enhance opportunities                
                    for personal and family use of game for human              
                    consumption; or                                            
                                                                               
                    (4) interfere with the rebuilding of a big                 
                    game prey population to a level of abundance               
                    that would support a high level for human                  
                    harvest."                                                  
                                                                               
MR. CAMPBELL stated the original language, human consumption,                  
narrowed the priority producing a conflict with the current                    
subsistence priority and other anticipated priorities.  Mr. Saxby              
from the Department of Law suggested taking the reference to people            
and food from the equation and to go back to personal and family               
consumptive use.  Subsistence means more than just food in many                
areas.  It may mean simply participating in a lifestyle, but it is             
a consumptive use.  The intent is not to narrow that part of the               
debate, but rather to add a preference for consumptive use over                
nonconsumptive use.                                                            
                                                                               
MR. CAMPBELL stated adding a new subsection to the bill would allow            
the Board of Game to maintain regulatory closures of an area to                
hunting or trapping based on four reasons -                                    
                                                                               
     (1)  create a significant risk to public safety;                          
                                                                               
     (2)  pose a risk to continued sustained yield management                  
          of a game population;                                                
                                                                               
     (3)  not significantly enhance opportunities for                          
          personal and family use of game for human                            
          consumption; or                                                      
                                                                               
     (4)  interfere with the rebuilding of a big game prey                     
          population to a level of abundance that would                        
          support a high level for human harvest.                              
                                                                               
Number 0885                                                                    
                                                                               
CO-CHAIRMAN OGAN asked Mr. Campbell how would the amendment affect             
control use areas.                                                             
                                                                               
Number 0890                                                                    
                                                                               
MR. CAMPBELL replied the amendment would allow control use areas to            
remain.                                                                        
                                                                               
Number 0951                                                                    
                                                                               
CO-CHAIRMAN OGAN stated for the record that three members are not              
present in Juneau today - Representatives Williams, Barnes and                 
Hudson.  They are representing the state in other activities.                  
                                                                               
CO-CHAIRMAN OGAN announced the bill will be held over.