Legislature(2005 - 2006)CAPITOL 124
04/10/2006 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB304 | |
| HB464 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | HB 304 | ||
| = | HB 464 | ||
HB 464-WANTON WASTE OF BIG GAME CO-CHAIR RAMRAS announced that the final order of business would be HOUSE BILL NO. 464, "An Act relating to the possession of the edible meat of big game animals." REPRESENTATIVE ERIC CROFT, Alaska State Legislature, Sponsor, suggested adopting Version L, which provides the most deference to the Board of Game in regulating wanton waste of big game. REPRESENTATIVE CRAWFORD moved to adopt the committee substitute (CS) for HB 464, 24-LS1258\L, Kane, 4/5/06, as the working document. Hearing no objections, Version L was before the committee. 2:32:41 PM RON SOMERVILLE, Vice Chair, Board of Game, said the bill attacks a major problem in the state, and he noted that at a the Board of Game meeting in Kotzebue residents expressed strong views on the wanton waste of game by sport hunters. He spoke of support for regulating transporters to abide by standards and laws or lose privileges, an effort which has begun in one unit, but only by providing information. He said Representative Croft has a novel idea in HB 464, and it would give the board another tool, but making it statewide would create an enforcement nightmare. The bill is pointed directly at trophy hunting, but it could affect others "who may not qualify for a Boone and Crocket." 2:36:36 PM MR. SOMERVILLE said the board should look favorably at the legislation. He said page 1, line 6, is consistent with the sponsor's intent, but he suggested inserting "minimum" between "the" and "salvage". 2:38:46 PM REPRESENTATIVE GATTO asked for a definition of big game. MR. SOMERVILLE said the board has the authority to establish that definition if there is any question about it. REPRESENTATIVE GATTO noted the language pertaining to the trophy of an animal that "that person killed." He asked the consequences of someone else killing the animal. He suggested rewording the bill to say it doesn't matter who killed it. 2:41:34 PM REPRESENTATIVE SEATON said the person who gets legal possession of the horns is the hunter. MATT ROBUS, Director, Wildlife Conservation, Alaska Department of Fish & Game, said someone carrying around someone else's meat would need a note from the hunter, "otherwise you already have a legal problem." REPRESENTATIVE GATTO said he wants the bill to be bullet-proof. 2:44:07 PM MR. SOMERVILLE said a person who does not lawfully possess the animal cannot transfer it, and he thinks the language is fine. ROD ARNO, Alaska Outdoor Council, said he is a big game guide. He thanked Representative Croft for introducing HB 464, but he said it is an enforcement issue, and wildlife enforcement is on the decline. He noted that were 118 fish and wildlife protection officers 25 years ago when there were 500,000 Alaskans; now there are only 84 officers with a population of over 650,000 residents. He spoke of the lack of enforcement in the field, "nor do we have the wildlife investigation bureau spending their time to pursue the complaints." Air taxis and others are aware that prosecutions aren't taking place so violations of the wanton waste laws are increasing, and he said the problem is Section 16.30.017. "The three defenses they have there, they're not even applicable." He said a stolen animal is likely regulated elsewhere [in statute]. The second defense of weather and acts of god causing loss of meat is no longer appropriate because of satellite phones and other technology; "it is the hunter's choice whether or not that game is lost due to weather." He said with electric fences, the defense of losing meat to a wild animal "is the hunter's choice." 2:47:56 PM CO-CHAIR RAMRAS noted that Version L is before the committee. MR. ARNO said Version L will "negate what's already in 16.30.017, when if you really wanted to correct this problem of wanton waste without reducing the minimum that people are responsible for, I think it'd be better to go ahead and delete 16.30.017, as opposed to creating another statute." 2:48:46 PM REPRESENTATIVE CROFT said he agrees it is an enforcement issue, and the purpose was to give a flexible tool to the Board of Game, which would have "the ability to adopt regulations that say, 'we don't care about an act of god, these minimums apply regardless.'" He said he agrees with Mr. Arno, and "eliminating the defenses in regards to whether or not you keep your trophy horns is one thing, eliminating the defense from complete wanton waste, where somebody really did get stuck out for an extra week and the penalties are jail or losing a boat or losing a plane, I just wasn't comfortable with. So I wanted this medium step where we would eliminate the defenses." He said bears do eat game, but it probably happens a lot less than claimed, and this "middle ground" is where getting rid of these defenses could be tested. If a hunter claims a bear or an act of god destroyed the meat, "we may not be able to throw you in jail, but we can say you just don't get to keep the horns no matter what the excuse." The board would have that authority, he said. 2:50:36 PM REPRESENTATIVE SEATON said he is trying to understand Mr. Arno's concern that Version L doesn't eliminate the defenses listed in statute. He asked if the bill will give the Board of Game the authority to make regulations or if the statute will still allow the same defenses. 2:52:29 PM REPRESENTATIVE CROFT said all the defenses to wanton waste would still apply and the entire structure is held, but in addition, the Board of Game may establish a minimum salvage requirement applicable only to keeping the horns. There are a lot of people who lie, but to throw the full impact of a wanton waste prosecution when the truth is not known, "I wasn't ready to do that." The forfeiture of the horns is a lower level of prosecution when it is not practicable to prove right or wrong. If a hunters comes out of the field with three caribou [antlers] and one bag of meat, "in this state you just don't get to keep them." It is not just out-of-state hunters, he noted. 2:54:41 PM REPRESENTATIVE LEDOUX said she likes the bill because it reminds her of the excuse of "a dog eating your homework; you may not get expelled from school, but you don't get credit for your homework, and that is sort of what this bill is doing." REPRESENTATIVE SEATON asked if automatic forfeiture would apply to a person who doesn't have lawful possession. REPRESENTATIVE CROFT said the hunter has legal possession of the trophy once the animal is shot. So the Board of Game will be authorized to determine that the hunter does not have possession until the meat is salvaged. 2:56:28 PM REPRESENTATIVE ELKINS asked about bears. REPRESENTATIVE CROFT said he considered hides, but the main problem is wasting the meat of big game animals. 2:57:00 PM CO-CHAIR RAMRAS said he wants to makes sure that the misdemeanor charge remains intact. He asked about amendments. REPRESENTATIVE SEATON offered conceptual Amendment 1 which would insert "minimum" on page 1, line 6, between the words "the" and "salvage". Hearing no objections, Amendment 1 carried. REPRESENTATIVE SEATON offered Amendment 2, which was written and presented by Mr. Somerville [original punctuation provided]: Sec. 2. AS 16.30.012 is amended by adding a new subsection to read: (c) The Board of Game may adopt regulations for specific areas of the state setting, for any big game animal, the minimum amount of edible meat that must be possessed by a hunter who possesses the antlers or horns of the big game animal. Hearing no objections, Amendment 2 carried. 2:58:36 PM CO-CHAIR RAMRAS asked if, with these amendments, Mr. Somerville thinks the intent of the bill is adequately addressed. MR. SOMERVILLE said it does, and the sponsor can speak to that. He said the bill is meant to reduce the wanton waste that is currently not enforceable. REPRESENTATIVE SEATON asked if the bill should include language specifying that the Board of Game may establish criteria for forfeiture of horns. He doesn't think the bill gives that authority to the board or to ADF&G. MR. ROBUS suggested asking a law enforcement specialist, but he stressed that the issue is a huge problem in reality and in perception for the Alaskan bush. 3:00:23 PM REPRESENTATIVE SEATON said he would like to offer an amendment along those lines, and he asked who would establish those criteria, the department, the board, or the legislature. MR. ROBUS said there are other departments involved in this legislation, and he is unclear on how it should be done. 3:01:18 PM REPRESENTATIVE GATTO suggested substituting "legally taken by the hunter" on line 5, [to eliminate a loophole]. MR. ROBUS said the language clearly assigns an animal to a person who is responsible for salvaging the meat, but he warned that he is not an attorney. 3:02:31 PM REPRESENTATIVE SEATON offered conceptual Amendment 3 as follows: The Board of Game may establish criteria for forfeiture of horns if the minimum salvage requirements are not met. REPRESENTATIVE GATTO objected. REPRESENTATIVE CROFT said Amendment 3 follows his intent. MR. SOMERVILLE said it is a good amendment and noted that an animal not legally taken is owned by the State of Alaska. REPRESENTATIVE GATTO asked if the term "minimum salvage requirement" is in regulation as a percentage of an animal. MR. ROBUS said the minimum is different for different species, but there are regulatory definitions. 3:05:22 PM CO-CHAIR RAMRAS noted that Amendment 2 should allow the board to establish the minimum amount of edible meat in possession. REPRESENTATIVE GATTO removed his objection. Seeing no further objections, conceptual Amendment 3 carried. REPRESENTATIVE SEATON moved to report the CS for HB 464, 24- LS1258\L, Kane, 4/5/06, as amended, out of committee with individual recommendations and the accompanying fiscal notes. Hearing no objections CSHB 464(RES) passed out of committee.
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