Legislature(2003 - 2004)

02/20/2004 03:35 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
             SB 303-BIG GAME GUIDE BOARD & SERVICES                                                                         
                                                                                                                                
CHAIR SCOTT OGAN announced SB 303 to be up for consideration.                                                                   
                                                                                                                                
REPRESENTATIVE  RALPH SAMUELS,  Chairman,  Legislative Budget  and                                                              
Audit Committee,  explained that  this bill is  in response  to an                                                              
audit  that came  out in  October  that listed  the problems  that                                                              
have resulted in  the absence of the Big Game  Commercial Services                                                              
Board.                                                                                                                          
                                                                                                                                
     Guides  have been  licensed since  before statehood  and                                                                   
     they  were regulated  by  a board  from  1973 until  the                                                                   
     board   sunsetted  in   1995.  The   audit,  which   was                                                                   
     requested  in the  previous  Legislature,  when it  came                                                                   
     out, it gave  a number of issues and concerns  that have                                                                   
     not  been  addressed. You  should  have  a copy  of  the                                                                   
     audit in your packet.                                                                                                      
                                                                                                                                
     The  first  one  was  a  lack  of  the  ability  of  the                                                                   
     Department  of Community &  Economic Development  (DCED)                                                                   
     to coordinate  with all the  state and federal  agencies                                                                   
     required in  an industry such as the  guide industry....                                                                   
     Some  of   the  agencies  that   are  involved   in  the                                                                   
     discussion  are the Alaska  Department of Fish  and Game                                                                   
     (ADF&G), Department  of Public Safety  (DPS), Department                                                                   
     of    Natural    Resources    (DNR),    Department    of                                                                   
     Environmental Conservation  (DEC) and the  Department of                                                                   
     Community  and Economic  Development  (DCED);  and on  a                                                                   
     federal  level, Bureau  of  Land Management  (BLM),  the                                                                   
     Forest  Service  (USFS),  U.S. Fish  and  Wildlife,  the                                                                   
     Park Service, the Coast Guard and the FAA.                                                                                 
                                                                                                                                
     The  second thing  the audit  noted was  a lessening  of                                                                   
     ethical standards  with the  disappearance of the  board                                                                   
     that  was not  adopted into  the  statute. A  lack of  a                                                                   
     detailed  operating  standards   for  guides,  a  weaker                                                                   
     focus on  hunter safety....  Another point in  the audit                                                                   
     was  a  diminished  disciplinary   climate  for  unsafe,                                                                   
     unethical or  even illegal conduct. There are  no ethics                                                                   
     standards  to steer how  guides or transporters  conduct                                                                   
     business.                                                                                                                  
                                                                                                                                
     It  needs a  little  direction  from the  department  to                                                                   
     address   consumer  complaints.   Usually,  their   only                                                                   
     recourse  for a dissatisfied  customer goes straight  to                                                                   
     litigation.  Under  the  current system,  there  are  no                                                                   
     sanctions  for  multiple  consumer  complaints  or  game                                                                   
     violations.  Fines  for infractions  have  been  greatly                                                                   
     reduced  and the qualification  exams  are only for  the                                                                   
     registered  guides, not for  the assistant guides.  It's                                                                   
     been suggested  that these issues could be  addressed by                                                                   
     the  department  and  without a  board.  However,  after                                                                   
     meeting  with a lot  of the  players that are  involved,                                                                   
     it  seems apparent  that  the  department would  have  a                                                                   
     hard  time solving  all these  problems  alone. If  they                                                                   
     could  have, they  probably would  have in  the past  10                                                                   
     years.                                                                                                                     
                                                                                                                                
     The reestablishment  of the  board would provide  a more                                                                   
     accessible  public forum  to address  the problems  that                                                                   
     face   the  hunting  industry,   its  interaction   with                                                                   
     hunters  and   the  various  private  and   public  land                                                                   
     managers.  We  are a  world-class  hunting  destination.                                                                   
     People spend  a lifetime of  savings to come up  here to                                                                   
     go hunting  and we  should protect  both our  reputation                                                                   
     and the resource.                                                                                                          
                                                                                                                                
     In  practical  terms, the  bill  does three  things.  It                                                                   
     moves  responsibilities  from   the  department  to  the                                                                   
     board;  it   changes  the  term  from  guide   to  guide                                                                   
     outfitter  - we  had a hearing  two hours  ago in  House                                                                   
     Resources  and that was  one of  the concerns that  came                                                                   
     up  that   we  should   identify....  Before  the   next                                                                   
     hearing,  we will come  up with a  way to better  define                                                                   
     the combining  of the guide  and the outfitter  term. It                                                                   
     also raised potential fines from $1,000 to $5,000....                                                                      
                                                                                                                                
CHAIR OGAN  said it  was late  in the  day and  he wanted  to give                                                              
priority to people  who had flown in to testify.  He didn't intend                                                              
to move the bill today.                                                                                                         
                                                                                                                                
MR. RON  SOMERVILLE, member, Board  of Game, noted the  March 2003                                                              
letter  from   the  board   asking  leadership   to  examine   the                                                              
possibility  of  reinstituting  a commercial  services  board.  In                                                              
some  areas of  Alaska, the  perception exists  that some  hunters                                                              
are being  dumped and not  picked up. The  Board of Game  does not                                                              
have  any authority  over transporter  activities  and supports  a                                                              
commercial  services  board that  would  exude some  control  over                                                              
them. Currently  if there  is a biological  problem, the  Board of                                                              
Game has  to either initiate some  sort of reduction  that applies                                                              
to  locals and  non-locals alike  or  initiate aircraft  closures,                                                              
which hurt  locals and the  legitimate guiding programs  that rely                                                              
heavily  on aircraft.  "It  creates all  sorts  of ripple  effects                                                              
when the  board takes  those sorts  of actions.  I want  to stress                                                              
that,  because  from  the  board's standpoint,  that  is  a  major                                                              
problem."                                                                                                                       
                                                                                                                                
He  said economic  opportunity exists  for residents  of the  Bush                                                              
and the  state in general  to derive some  benefit if  changes are                                                              
made.  The  proposed   board  would  provide   focus,  motivation,                                                              
expertise  and  development  of  a  performance  ethic,  which  is                                                              
drastically lacking  right now.  It would provide  enforcement and                                                              
a   forum  for   resolving   conflicts  and   maintain   reporting                                                              
requirements.                                                                                                                   
                                                                                                                                
Finally, a  new board would add  impetus for creation  of training                                                              
mechanisms for people  in rural Alaska, which was  being attempted                                                              
before it  was eliminated. Also,  it's critical to have  some sort                                                              
of reporting  requirement for  commercial transporters  taking big                                                              
game hunters to a remote area.                                                                                                  
                                                                                                                                
SENATOR  RALPH SEEKINS  asked if  someone has  hunted rabbits  for                                                              
the last  two years in  Alaska, could they  be an assistant  guide                                                              
to hunt  grizzly bears in  reference to  language on page  8, line                                                              
2, under requirements to have an assistant guide.                                                                               
                                                                                                                                
MR. SOMERVILLE  replied that would  be theoretically  possible. He                                                              
added that  a training  program could include  first aide,  how to                                                              
skin a  big game  animal, preservation  of trophies  and things  a                                                              
big game guide should know.                                                                                                     
                                                                                                                                
SENATOR  SEEKINS said  if  he was  spending  the big  bucks to  go                                                              
hunting and  had an assistant guide  who didn't know the  big game                                                              
animal he was hunting, he would feel a little bit gypped.                                                                       
                                                                                                                                
MR.  SOMERVILLE replied  that a  class  A assistant  guide has  to                                                              
book  through a  registered  guide who  would  be responsible  for                                                              
making  sure the assistant  guide  had the necessary  help  in the                                                              
field.                                                                                                                          
                                                                                                                                
SENATOR SEEKINS said  in reinstating the board, he  wanted to make                                                              
sure qualifications  were at  a reasonable  level or tighten  them                                                              
up before rather than later.                                                                                                    
                                                                                                                                
CHAIR OGAN  informed him that  he was on  the Big Game  Commercial                                                              
Services  Board  before  he  was in  the  Legislature  and  helped                                                              
Senator  Halford  rewrite  the  law. At  that  time,  taking  away                                                              
testing for  assistant guides was  favored because a lot  of rural                                                              
Alaskans couldn't take a test, but made really fine guides.                                                                     
                                                                                                                                
     A  registered  guide  is  legally  responsible  for  the                                                                   
     mistakes  that  the  assistant   under  his  supervision                                                                   
     makes in the  field. It's like he did it himself.  And I                                                                   
     don't  think  there's  any  other  profession  where  if                                                                   
     you're   a  doctor   and  your   nurse  does   something                                                                   
     criminal, you go to jail for what your nurse did....                                                                       
                                                                                                                                
The committee decided to let the guides make the judgment call.                                                                 
                                                                                                                                
SENATOR  SEEKINS asked  if  someone is  convicted  of a  violation                                                              
based on state  statutes and then transported  illegally, wouldn't                                                              
that be a  better to say that  than language on page  10, lines 23                                                              
-24,  which says,  "(1) is  convicted of  a violation  of a  state                                                              
statute or regulation  relating to hunting or to  provision of big                                                              
game hunting services or transportation services;".                                                                             
                                                                                                                                
MR.  SOMERVILLE replied  that  the board  hadn't  dealt with  that                                                              
particular question,  but he agreed  that some provision  could be                                                              
made  for the  board to  revoke  a license  if a  person had  been                                                              
convicted of any major federal law.                                                                                             
                                                                                                                                
CHAIR  OGAN  related  a  case  when  federal  agents  caught  some                                                              
hunters killing wolves  and the board took their  licenses for one                                                              
year.  "So, there  has been  some history  in the  past for  doing                                                              
that."                                                                                                                          
                                                                                                                                
SENATOR  SEEKINS had  a question  on page 16,  section (b),  about                                                              
whether another  guide area  could be added  to areas  that needed                                                              
more  intensive   management.  He  suggested   inserting,  "unless                                                              
otherwise provided by law" to facilitate that.                                                                                  
                                                                                                                                
CHAIR  OGAN   and  Mr.   Somerville  thought   that  was   a  good                                                              
suggestion.                                                                                                                     
                                                                                                                                
MR.  JOE KLUTSCH,  Alaska Professional  Hunters Association,  said                                                              
he  is a registered  master  guide and  has been  involved in  the                                                              
guiding  industry for  over 30  years.  When he  was an  assistant                                                              
guide in  the early '70s, he  attended the very first  guide board                                                              
meetings  and  attended  them  until  the  Owsichek  decision.  He                                                              
helped the  Legislature recreate  a commercial  service board.  In                                                              
other words, he has some historical knowledge of this process.                                                                  
                                                                                                                                
CHAIR OGAN stated  for the record that the Owsichek  decision took                                                              
away exclusive  guide  use areas.  The state  took away the  guide                                                              
board  and created  the Big  Game Commercial  Services Board  that                                                              
wrote regulations that redefined and redrew the guide use areas.                                                                
                                                                                                                                
MR. KLUTSCH  said the Association  represents the majority  of the                                                              
active  full-time contracting  guides in  the state  and the  vast                                                              
majority of  members support the  reestablishment of  a Commercial                                                              
Service Board.                                                                                                                  
                                                                                                                                
     We  see the  board  and the  board  process  as a  great                                                                   
     forum  for  interaction  between   the  members  of  the                                                                   
     industry,  both   guiding  and  transporting,   and  the                                                                   
     various  agencies,  state  and  federal.  It's  an  open                                                                   
     forum; it's a  public forum and it's really  the type of                                                                   
     situation where  you get an  active dialogue.  You can't                                                                   
     do these  kinds of things  in communications,  either e-                                                                   
     mails, conference  calls or a  few phone calls  from all                                                                   
     different  directions, and  count  on regulations  being                                                                   
     developed administratively.  It just doesn't  work; it's                                                                   
     too   sluggish.   All  the   respective   agencies,   in                                                                   
     particular   state  and   federal,   are  confused   and                                                                   
     disconnected about  what each other is doing  and that's                                                                   
     really caused us some problems in the last five years.                                                                     
                                                                                                                                
     In  absence   of  the  board,   we've  had  a   lack  of                                                                   
     responsiveness in  enforcement of existing  statutes and                                                                   
     regulations. We're  left over with some bits  and pieces                                                                   
     of  statutes   and  regs  that   were  there   prior  to                                                                   
     sunsetting.  Public safety  is at  a loss  to enforce  a                                                                   
     lot  of the  existing  statutes and  regulations.  There                                                                   
     have  been no  enforcement  actions to  my knowledge  in                                                                   
     the    last    five    years    related    to    ethics,                                                                   
     misrepresentation  of services,  reimbursement of  money                                                                   
     for services  not provided,  unethical conduct.  It just                                                                   
     hasn't  been there  and it's  been very  harmful to  the                                                                   
     reputation of this industry and the state....                                                                              
                                                                                                                                
MR.  KLUTSCH said  that Representative  Samuels  did an  excellent                                                              
job  of  outlining the  inter-relationships  between  the  various                                                              
agencies  and also the  justifications for  recreating the  board.                                                              
However, he underscored this message for the committee:                                                                         
                                                                                                                                
     The  guiding industry  in particular  does  not want  to                                                                   
     see  any regulatory  board  create more  regulations  or                                                                   
     unnecessary  regulations.... We  want clear and  concise                                                                   
     statutes and regulations that can be enforced....                                                                          
                                                                                                                                
He also agreed with  Senator Seekins' comments and  that this is a                                                              
critical juncture.                                                                                                              
                                                                                                                                
CHAIR OGAN took  a minute to clarify  that he wasn't a  big fan of                                                              
creating more  boards and, in fact,  wanted to get rid  of a whole                                                              
bunch of  them, but he felt  this board would  be self-supporting.                                                              
He asked Mr. Klutsch  what gave him comfort that  a new regulatory                                                              
board wouldn't write regulations.                                                                                               
                                                                                                                                
MR. KLUTSCH  conceded  the point  and said the  last thing  guides                                                              
want to see is additional unnecessary regulations.                                                                              
                                                                                                                                
     But,   as  circumstances  evolve,   land  use   patterns                                                                   
     change, management  objectives change, we need  a degree                                                                   
     of flexibility  and a board has that  flexibility. We'll                                                                   
     be  there  to  participate   in  the  process.  We  will                                                                   
     hopefully  have knowledgeable  members from all  sectors                                                                   
     of the  commercial service  industry represented  on the                                                                   
     board,  members of  the public  and lots  of input  from                                                                   
     the respective agencies, state and federal.                                                                                
                                                                                                                                
SENATOR  SEEKINS  asked  if  his experience  with  the  period  of                                                              
autonomy that has existed until now has been good or bad.                                                                       
                                                                                                                                
MR. KLUTSCH replied:                                                                                                            
                                                                                                                                
     It's had a  negative effect not having a  board there to                                                                   
     be able  to adjust  regulations where  they are  unclear                                                                   
     as it relates  to the driving statutes about  who can do                                                                   
     what, about  reporting requirements, about  disciplinary                                                                   
     actions, about  coordinating with the  federal agencies.                                                                   
     It's had a very negative effect.                                                                                           
                                                                                                                                
     The  quality   of  visitor   services  -  we're   a  key                                                                   
     component  of Alaska's  tourism  industry. And  Alaska's                                                                   
     reputation  for  having  quality  big  game  hunting  is                                                                   
     slipping  relative to Canada  and other destinations  in                                                                   
     the  world.  I  attribute  it  directly  to  proper  and                                                                   
     concise regulations.                                                                                                       
                                                                                                                                
SENATOR SEEKINS  asked if he  thought this  board would do  a good                                                              
job  for the  people of  Alaska  in general  and that  it's not  a                                                              
capitulation to big game guides and their out-of-state clients.                                                                 
                                                                                                                                
MR.  KLUTSCH observed  that as  another good  point and  reasoned,                                                              
"If we're  well regulated,  resident hunters benefit,  subsistence                                                              
hunters   benefit,  wildlife   viewers  benefit.   If  it's   done                                                              
properly, it benefits everyone."                                                                                                
                                                                                                                                
SENATOR  WAGONER said  a  prevalent problem  in  the last  several                                                              
years is that  transporters take people out, especially  in Prince                                                              
William Sound,  and drop them off  on an island or beach  and then                                                              
pick  them up  sometimes  many days  after  they  said they  would                                                              
return.  He hoped  this board  would  put some  controls on  that,                                                              
because one of these days lives would be lost.                                                                                  
                                                                                                                                
MR.  KLUTSCH  righteously  agreed.  He explained  that  a  serious                                                              
problem associated  with those transporting activities  is lack of                                                              
compliance  with   reporting  requirements.  The   intent  of  the                                                              
required form is  to provide accountability - that  everyone has a                                                              
license,  proper  tags and  when  they  are  picked up,  how  many                                                              
pounds of  meat they  brought out, its  condition, etc.  "They are                                                              
required,  if things  are  out  of order,  to  report  it to  [the                                                              
Department of] Public Safety."                                                                                                  
                                                                                                                                
He related  that a  transporter in the  King Salmon  area admitted                                                              
to turning  in at  least a half  dozen of  his moose clients.  "It                                                              
works. It takes enforcement."                                                                                                   
                                                                                                                                
CHAIR  OGAN commiserated  that wasting  meat in  the field  is the                                                              
number one  issue in rural Alaska.  He's heard of racks  coming in                                                              
with just the backstrap.                                                                                                        
                                                                                                                                
SENATOR  SEEKINS said  he didn't  live in rural  Alaska, but  felt                                                              
offended, as well.                                                                                                              
                                                                                                                                
MR. PAUL JOHNSON,  Alaska guide, said he had been  in the business                                                              
for over  30 years. He pointed  out that the guiding  industry had                                                              
never asked  the Legislature  for loans,  advertising or  disaster                                                              
relief.                                                                                                                         
                                                                                                                                
     What  we're asking  for here  is reasonable  regulations                                                                   
     and a board  back. We have an opportunity  in this state                                                                   
     to  save some  industry  here so  that  guiding will  be                                                                   
     here for a long time.                                                                                                      
                                                                                                                                
MR. JOHNSON  said that  Alaska guides  are competing  in a  global                                                              
market. People  who come to our  state have the opportunity  to go                                                              
to  a lot  of  other  places and  that  won't continue  to  happen                                                              
"unless we clean  it up." A lot of things have  fallen through the                                                              
cracks since a board  existed. There has been a  big changeover in                                                              
administrators and there is no collective history.                                                                              
                                                                                                                                
     There's  confusion  on  enforcement,  there's  confusion                                                                   
     within  the  Department  of  Fish and  Game  on  getting                                                                   
     information   -  they  can't   get,  can't  retrieve   -                                                                   
     complete  confusion  over  definitions  -  that  weren't                                                                   
     there before.                                                                                                              
                                                                                                                                
He  agreed  with  the  issues  that  Mr.  Somerville  and  Senator                                                              
Seekins  raised   and  emphasized   that  state  agencies   aren't                                                              
coordinated among  themselves or with the federal  agencies. A new                                                              
board could  solve those problems.  "So, it actually  saves money.                                                              
It can't be seen right on top."                                                                                                 
                                                                                                                                
MR. JOHNSON said  the original task force, led  by Henry Springer,                                                              
was  working  when   it  was  sunsetted;  then   the  whole  thing                                                              
collapsed.  He repeated,  "The whole  thing  has collapsed....  We                                                              
desperately  need this. I  think this  is a shot  in our  arm that                                                              
has to happen...."                                                                                                              
                                                                                                                                
MR.  MATT  ROBUS, Director,  Division  of  Wildlife  Conservation,                                                              
Alaska Department of  Fish and Game (ADF&G), said  he had met with                                                              
the  Department of  Community &  Economic  Development (DCED)  and                                                              
Department  of Public  Safety (DPS),  but  they hadn't  come to  a                                                              
consensus  position, yet.  He wanted to  emphasize the  importance                                                              
of this issue to be considered by the Legislature.                                                                              
                                                                                                                                
     It's  been  apparent  over  the years  since  the  guide                                                                   
     board has  gone away, in  working between my  department                                                                   
     and  the Board of  Game, how  much of  a struggle  it is                                                                   
     for that regulatory  entity to get any traction  on some                                                                   
     of these issues  that we're discussing here.  The powers                                                                   
     given  to   the  Board  of   Game  are  for   biological                                                                   
     management  and   while  the  board,   with  information                                                                   
     provided  by  the  department,  can  be  and  is  pretty                                                                   
     effective in  dealing with biological problems,  when it                                                                   
     comes to  allocation between user groups,  things become                                                                   
     very difficult,  because the tools in the  Board of Game                                                                   
     tool box really  aren't the right tools to  address that                                                                   
     problem.                                                                                                                   
                                                                                                                                
     Unless  there  is a  biological  problem to  be  solved,                                                                   
     it's  really not  possible  for the  department and  the                                                                   
     Board  of  Game  to  allocate   between  different  user                                                                   
     groups  that may be  having conflicts  because they  use                                                                   
     resources  in a  different  way and  they get  crosswise                                                                   
     with each  other. Largely we're talking  about conflicts                                                                   
     between  local rural  users  in the  Bush and  non-local                                                                   
     users,  both non-residents  and  non-local Alaskans  who                                                                   
     come  into  the  area  on   top  of  local  patterns  of                                                                   
     hunting.   Oftentimes   those   conflicts   are   really                                                                   
     conflicts,  but  they  don't  occur  at  a  level  where                                                                   
     there's a  biological problem  that needs to  be solved.                                                                   
     Therefore, the Board of Game really can't go there.                                                                        
                                                                                                                                
     If there  is a biological  problem, then the  tools that                                                                   
     the Board  of Game  has can  be effective in  conserving                                                                   
     the resource,  but they are  pretty draconian  if you're                                                                   
     one  of  the user  groups  that  get  taken out  of  the                                                                   
     picture....                                                                                                                
                                                                                                                                
TAPE 04-13, SIDE A                                                                                                            
                                                                                                                                
MR. ROBUS said the Board of Game has attempted to deal with some                                                                
of the conflicts and in most cases has backed away from any                                                                     
final action:                                                                                                                   
                                                                                                                                
     It gets  so convoluted  and so  draconian that the  cure                                                                   
     is almost  worse than the  problem that we're  trying to                                                                   
     address. As  I said, it  would be a complimentary  power                                                                   
     to improve  the regulation  of the guiding industry  and                                                                   
     the  transporting industry.  I'll  also  make the  point                                                                   
     that   the  transporting   industry   is  an   extremely                                                                   
     important part  of the problem  and so far has  not been                                                                   
     very much in the regulatory picture.                                                                                       
                                                                                                                                
     The  final thing  I'll say  is  just to  point out  that                                                                   
     over recent  years, because of the state's  inability to                                                                   
     allocate  between different  user groups,  we have  lost                                                                   
     more and  more of the  wildlife management authority  to                                                                   
     federal  agencies   on  federal  lands,   because  those                                                                   
     agencies  do  allocate  between   guides,  transporters,                                                                   
     private hunters,  federally qualified subsistence  users                                                                   
     -  and, in some  cases that  I could  name in  Southeast                                                                   
     Alaska, for  instance, when it  came time for  the state                                                                   
     to  try to  sort out  some  of those  problems, we  were                                                                   
     unable  to do  it.  Federal agencies  were  able to  and                                                                   
     willing  to  do it.  Therefore,  federal  management  is                                                                   
     really, in effect,  where state management has  not been                                                                   
     able   to  cope.  So,   for  all   those  reasons,   the                                                                   
     Department  of  Fish  and  Game feels  that  this  is  a                                                                   
     subject  that really  does require  some attention  from                                                                   
     you  and  we  will  continue   working  with  the  other                                                                   
     departments to  try to come  to a consensus  position as                                                                   
     soon as we can.                                                                                                            
                                                                                                                                
SENATOR SEEKINS asked,  "In other words then, the  department says                                                              
something along this  line would be beneficial to  your ability to                                                              
manage the fish and game resources of the State of Alaska."                                                                     
                                                                                                                                
MR.  ROBUS replied  that  was  a good  way  to put  it.  "Wildlife                                                              
management  in  the  big  sense  is more  than  just  solving  the                                                              
biological problems; it's also people management."                                                                              
                                                                                                                                
CHAIR OGAN  asked him to  talk a little  bit about  the difference                                                              
between state  and federal management  and why federal  management                                                              
was  able to  differentiate  between  users  more than  the  state                                                              
could.                                                                                                                          
                                                                                                                                
MR. ROBUS replied:                                                                                                              
                                                                                                                                
     In  Southeast  Alaska,  with the  proliferation  of  big                                                                   
     game guides,  mostly for the  purposes of hunting  brown                                                                   
     bear  on the  ABC Islands  and  now on  the mainland  in                                                                   
     Southeast,  the  Forest  Service  put  a  moratorium  on                                                                   
     additional  guides  joining  in  just  because  agencies                                                                   
     were trying  to solve how the existing number  of guides                                                                   
     was  going  to  be  allowed  to  operate.  On  tidelands                                                                   
     around  the  fringe  of those  federal  areas  there  is                                                                   
     still the  ability to go in  and participate as  a guide                                                                   
     or transporter  under state  law. So, the  proliferation                                                                   
     can  continue and  the state,  basically,  is unable  to                                                                   
     regulate  that.  I'm not  saying  the  use needs  to  be                                                                   
     prevented,  but there  does need to  be some  reasonable                                                                   
     regulation and control.                                                                                                    
                                                                                                                                
     The federal  agencies have the power to  distinguish and                                                                   
     decide  of all  the people  who want  to be  a guide  on                                                                   
     federal  land, they  can choose a  subset and  authorize                                                                   
     them to  hunt and keep the  numbers of guides down  to a                                                                   
     level  that the  resource  and people  interactions  can                                                                   
     reasonably support.                                                                                                        
                                                                                                                                
     The  only  way  the state  could  do  something  similar                                                                   
     would  be to  go to  a drawing  permit  for those  brown                                                                   
     bears  and devastate  the guide  industry. Because  now,                                                                   
     instead  of  being able  to  agree  with a  client  that                                                                   
     you're  going  to  go  hunting  together  and  get  that                                                                   
     person  a  permit,  you  would  have  to  go  through  a                                                                   
     drawing  process  with no  certainty  that any  of  your                                                                   
     clients would ever end up with a permit....                                                                                
                                                                                                                                
CHAIR  OGAN asked  if  that was  because the  feds  don't have  an                                                              
Owsichek-type decision.                                                                                                         
                                                                                                                                
MR. ROBUS  replied yes,  the feds don't  have anything  like that,                                                              
but  he  is not expert enough  in federal authorities  to know why                                                              
they can do what they do.                                                                                                       
                                                                                                                                
MR. ROB HARDY,  Wasilla registered guide, pointed  out paragraph 3                                                              
of the  sponsor statement that  says, "Wildlife populations  would                                                              
benefit from more coordinated enforcement of existing laws."                                                                    
                                                                                                                                
He    thought   that    idea    could   be    accommodated    more                                                              
interdepartmentally. He  said the key point is  when someone today                                                              
said "if done  properly," referring to reinstituting  the Big Game                                                              
Commercial Services  Board. He didn't think the  board alone would                                                              
be able to accomplish  what people thought it would.  He felt that                                                              
having a  20-day timeframe  for reporting  violations (in  HB 422)                                                              
is unacceptable.  If he  were to  witness a  violation in  his own                                                              
operation,  he would  report  it  immediately so  the  enforcement                                                              
could  happen efficiently.  He feared  that  recreating the  board                                                              
could   possibly,    if   not   probably,   result    in   further                                                              
liberalization of  industry regulation. "In closing,  I would like                                                              
to say that  this legislation as  written does not have  to happen                                                              
on this watch."                                                                                                                 
                                                                                                                                
MR. HENRY  WEBB, Staff  to Representative  Samuels, sponsor,  said                                                              
the representative  had to  catch a plane,  but would look  at the                                                              
transporter  and   guide  outfitter  language  and   consider  Mr.                                                              
Somerville's and Senator Seekins' concerns.                                                                                     
                                                                                                                                
CHAIR  OGAN called  it a  day and  adjourned the  meeting at  5:25                                                              
p.m.                                                                                                                            

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