Legislature(2023 - 2024)BUTROVICH 205

02/21/2024 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 190 BIG GAME HUNTING BY PERSON W/ DISABILITY TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= SB 168 COMPENSATION FOR WRONGFULLY SEIZED GAME TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SB 199 STATE LAND: DISPOSAL/SALE/LEASE/RESTRICT TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ SB 210 SALMON HATCHERY PERMITS TELECONFERENCED
Scheduled but Not Heard
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
         SB 168-COMPENSATION FOR WRONGFULLY SEIZED GAME                                                                     
                                                                                                                              
3:35:21 PM                                                                                                                    
CO-CHAIR BISHOP  announced the consideration  of SENATE  BILL NO.                                                               
168 "An Act relating to wrongfully seized game."                                                                                
                                                                                                                                
3:36:11 PM                                                                                                                    
SENATOR  JESSE BJORKMAN,  District D,  Alaska State  Legislature,                                                               
Juneau,  Alaska, sponsor  of SB  168, said  hunters painstakingly                                                               
plan hunting opportunities  to fill their freezers  each Fall. He                                                               
stated that  they physically train  to prepare for the  rigors of                                                               
the hunt and  practice marksmanship with their  weapons to ensure                                                               
a quick, clean harvest. Hunters  also work diligently to learn to                                                               
identify what makes  the species of the animals  they hunt legal.                                                               
Learning to identify  legal tines on a moose,  the overall spread                                                               
of a  moose rack,  or what makes  a sheep horn  full curl  can be                                                               
difficult.  However,  young hunters  can  learn  how to  identify                                                               
animals   that  are   legal  for   harvest  according   to  state                                                               
regulations.  He  mentioned he  taught  dozens  of middle  school                                                               
students in outdoor education on  the process each year. Alaska's                                                               
selective harvest  regulations based  on antler  configuration or                                                               
horn  growth  allow for  increased  hunting  opportunity for  all                                                               
Alaskans.  However,  there  are sometimes  disagreements  between                                                               
hunters and law  enforcement about whether a  harvested animal is                                                               
indeed  legal. When  an animal  is suspected  of being  illegally                                                               
harvested, it  is seized and given  to others, so it  does not go                                                               
to waste while waiting for the  courts to decide the case. If the                                                               
court finds  that the hunter  was in  the right and  the deceased                                                               
animal was  indeed legal, the  unlawfully taken meat is  gone and                                                               
cannot be returned.                                                                                                             
                                                                                                                                
3:38:01 PM                                                                                                                    
SENATOR BJORKMAN stated  that according to many  hunters who have                                                               
experienced this  situation, the state  places their name  on the                                                               
list to receive roadkill as  compensation for their loss. Trading                                                               
roadkill  animals for  a legally  cared  for animal  is not  just                                                               
compensation for  the state's  error in  enforcing the  law. This                                                               
bill seeks to  provide hunters with monetary  compensation for an                                                               
unlawfully taken animal so the  hunter can purchase meat of their                                                               
own  choosing.  The  game  animals  included  under  SB  168  are                                                               
typically  those most  eaten. However,  he is  open to  including                                                               
bears.  The  goal of  SB  168  is  to  ensure hunters  have  just                                                               
compensation  when animals  are  wrongfully  taken. He  expressed                                                               
appreciation for past incidences  when law enforcement recognized                                                               
the error  and returned  or replaced  the animal.  However, often                                                               
hunters must wait  for long periods of time to  receive an animal                                                               
and sometimes it is an unsuitable alternative.                                                                                  
                                                                                                                                
3:39:41 PM                                                                                                                    
CO-CHAIR BISHOP asked why bears were excluded from the list.                                                                    
                                                                                                                                
3:39:52 PM                                                                                                                    
SENATOR  BJORKMAN   said  there   is  not  a   selective  harvest                                                               
requirement for bears,  so it was excluded from  SB 168. However,                                                               
there are  instances where law  enforcement has seized  bear meat                                                               
and returned it  to the hunter, so he agreed  it would be logical                                                               
to include bears.                                                                                                               
                                                                                                                                
3:40:19 PM                                                                                                                    
SENATOR WIELECHOWSKI  recounted a conversation with  someone last                                                               
year who  experienced wrongful confiscation of  their moose, took                                                               
the  case to  the Supreme  Court, and  won. One  year later,  the                                                               
Alaska Department  of Fish and  Game (ADFG) claimed it  no longer                                                               
possessed the meat,  amounting to a loss of 600-800  lbs. of food                                                               
for  someone  reliant on  subsistence  living.  He asked  Senator                                                               
Bjorkman if he considered including seals, ducks, or fish.                                                                      
                                                                                                                                
3:41:08 PM                                                                                                                    
SENATOR BJORKMAN  replied that fish  are fairly easy  to replace,                                                               
marine mammals  are regulated by  the federal government,  and he                                                               
did not consider  including small game. He stated  that his focus                                                               
remains primarily  on cases  involving the  wrongful confiscation                                                               
of big game, which he hears about more frequently.                                                                              
                                                                                                                                
3:41:39 PM                                                                                                                    
SENATOR CLAMAN referred  to SB 186, line 11, and  asked why "and"                                                               
preceded musk ox rather than include it in the sequence.                                                                        
                                                                                                                                
3:42:04 PM                                                                                                                    
RAYMIE MATIASHOWSKI, Staff, Senator  Jesse Bjorkman, Alaska State                                                               
Legislature,  Juneau, Alaska,  said he  would consult  with Legal                                                               
Services and follow up with a response.                                                                                         
                                                                                                                                
3:42:14 PM                                                                                                                    
SENATOR CLAMAN  asked him to speak  to the fiscal note  from ADFG                                                               
and stated his belief that it raises questions.                                                                                 
                                                                                                                                
3:42:55 PM                                                                                                                    
SENATOR DUNBAR also sought additional fiscal details.                                                                           
                                                                                                                                
3:43:15 PM                                                                                                                    
MS. MATIASHOWSKI presented the sectional analysis for SB 168:                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                              
                        SB 168 Version A                                                                                      
                       Sectional Analysis                                                                                     
                                                                                                                              
           "Compensation for Wrongfully Seized Game"                                                                          
                                                                                                                                
     Section 1: Amends AS 16.05  by adding a new section, AS                                                                  
     16.05.197,  which compensates  hunters who  have had  a                                                                    
     hoofed  animal wrongfully  seized  by  the state.  This                                                                    
     monetary compensation  will take  the weight  in pounds                                                                    
     of the  wrongfully seized game  meat multiplied  by the                                                                    
     current per-pound  price of beef  sold in the  area the                                                                    
     game was taken in.                                                                                                         
                                                                                                                                
3:44:00 PM                                                                                                                    
SENATOR CLAMAN asked how a  wrongfully taken animal is determined                                                               
and wondered  which cut  of meat  is used.  He relayed  that ADFG                                                               
suggested there are ambiguities under SB 168.                                                                                   
                                                                                                                                
3:44:18 PM                                                                                                                    
SENATOR BJORKMAN  said when  drafting SB 168,  the intent  was to                                                               
base  the  value  on  the  price  of  beef  per  pound.  However,                                                               
expecting beef to  be sold in a rationalized price  per region is                                                               
unrealistic. There  are other  alternative methods  the committee                                                               
could consider,  such as utilizing  the existing  statutory value                                                               
of the animal for determining a restitution price.                                                                              
                                                                                                                                
3:45:26 PM                                                                                                                    
SENATOR DUNBAR asked if the  restitution table is specific to the                                                               
region  the meat  was harvested  and noted  differences based  on                                                               
location.                                                                                                                       
                                                                                                                                
3:45:59 PM                                                                                                                    
SENATOR  BJORKMAN replied  that  restitution is  specific to  the                                                               
community where  the animal was harvested.  However, compensation                                                               
is statewide and not specific to any particular region.                                                                         
                                                                                                                                
3:46:27 PM                                                                                                                    
SENATOR DUNBAR  commented that animals  harvested in  rural areas                                                               
may be worth far more.                                                                                                          
                                                                                                                                
3:46:50 PM                                                                                                                    
SENATOR BJORKMAN  agreed and stated  the intent  of SB 168  is to                                                               
allow  ADFG to  replace an  animal  with an  alternative that  is                                                               
agreeable  to  the hunter.  He  opined  that most  hunters  would                                                               
prefer a suitable replacement over  a small monetary compensation                                                               
listed on the restitution schedule.                                                                                             
                                                                                                                                
3:48:12 PM                                                                                                                    
SENATOR DUNBAR  inquired about the  number of animals  seized per                                                               
year.                                                                                                                           
                                                                                                                                
3:48:34 PM                                                                                                                    
CO-CHAIR  BISHOP   invited  Colonel  Chastain,   Alaska  Wildlife                                                               
Troopers, to respond.                                                                                                           
                                                                                                                                
3:48:58 PM                                                                                                                    
COLONEL  BERNARD CHASTAIN,  Alaska Wildlife  Troopers, Department                                                               
of  Public  Safety  (DPS),  Juneau,   Alaska,  replied  that  DPS                                                               
researched  cases of  wrongfully  seized game  over the  previous                                                               
five years. He stated that  the department returned on average 1-                                                               
2 animals per  year. This includes all  seized animals, including                                                               
moose,  sheep,  caribou,  and other  animals  across  the  state,                                                               
although some years  may see a higher count.  This includes cases                                                               
where the court  found the defendant not guilty  and returned the                                                               
animal.  It also  includes cases  when technical  issues occurred                                                               
due  to an  error  made  by the  court  or  law enforcement,  and                                                               
sometimes  by  the  Department  of Law  (DOL),  leading  to  case                                                               
dismissals and the return of the animal to the defendant.                                                                       
                                                                                                                                
3:50:27 PM                                                                                                                    
SENATOR  DUNBAR asked  if the  Senate Finance  Standing Committee                                                               
would hear SB because of the indeterminant fiscal note.                                                                         
                                                                                                                                
3:50:36 PM                                                                                                                    
CO-CHAIR BISHOP replied he is  uncertain given pending amendments                                                               
to the bill.                                                                                                                    
                                                                                                                                
3:50:42 PM                                                                                                                    
SENATOR  DUNBAR  opined  that  it would  be  relatively  easy  to                                                               
determine the fiscal  impact considering only 1-2  moose per year                                                               
are seized.                                                                                                                     
                                                                                                                                
3:51:04 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  on average how many  big game animals                                                               
are seized annually.                                                                                                            
                                                                                                                                
3:51:17 PM                                                                                                                    
COLONEL  CHASTAIN  estimated  that  over  one  hundred  big  game                                                               
animals  are seized  per year.  He  stated that  the majority  of                                                               
seized animals are  moose and average over one  hundred per year.                                                               
Annually, about 20-25  sheep, along with some  Caribou, deer, and                                                               
other animals  are seized  annually. The  total average  is about                                                               
150 or more.                                                                                                                    
                                                                                                                                
3:51:55 PM                                                                                                                    
SENATOR  WIELECHOWSKI inquired  about the  process after  animals                                                               
are seized  and asked how many  of those animals are  returned to                                                               
the hunter.                                                                                                                     
                                                                                                                                
3:52:10 PM                                                                                                                    
COLONEL CHASTAIN  replied that  once an animal  is seized,  it is                                                               
documented and goes to a  charity organization unless the case is                                                               
contentious.  He   said  many  cases  result   from  hunters  who                                                               
voluntarily admit their mistake  while some cases involve hunters                                                               
coordinating with  ADFG to  arrange an  animal field  check. ADFG                                                               
then  assists  DPS in  determining  the  legality of  taking  the                                                               
animal.  In instances  where a  court mandates  the return  of an                                                               
animal,  the  next  available  animal akin  to  the  original  is                                                               
offered to  the defendant. The  department works  with defendants                                                               
to  determine a  resolution  when offers  are  declined. In  most                                                               
situations, the next  available animal in good  condition that is                                                               
akin  to the  original game  is  provided to  the defendant.  The                                                               
department  makes  a  statewide   effort  to  preserve  processed                                                               
illegally taken game for restitution purposes.                                                                                  
                                                                                                                                
3:54:24 PM                                                                                                                    
SENATOR  CLAMAN  stated  that  in the  second  paragraph  of  the                                                               
indeterminant fiscal note, it discusses  how to determine if game                                                               
was wrongfully seized. He requested  clarification on the process                                                               
by which a  criminal case concludes with a  defendant being found                                                               
not  guilty,  yet  the  game   seized  during  the  case  is  not                                                               
considered wrongfully taken.                                                                                                    
                                                                                                                                
3:54:56 PM                                                                                                                    
COLONEL CHAISTAIN replied that according  to AS 16.05.190, DPS is                                                               
authorized to seize  an animal and cite the hunter  when there is                                                               
probable cause to  believe it was wrongfully taken.  The court is                                                               
then  required  to  forfeit  the  animal.  The  term  "wrongfully                                                               
seized"  is   not  legally   defined.  Occasionally,   the  court                                                               
determines  the  animal was  legal  and  it  is returned  to  the                                                               
hunter.                                                                                                                         
                                                                                                                                
3:56:00 PM                                                                                                                    
SENATOR CLAMAN  asked for confirmation of  his understanding that                                                               
if the criminal  court finds the defendant not  guilty and orders                                                               
the return  of the game,  the state  is not held  responsible for                                                               
wrongfully obtaining the seized animal.                                                                                         
                                                                                                                                
3:56:20 PM                                                                                                                    
COLONEL CHAISTAIN replied that is  correct and reiterated that he                                                               
is  unaware of  a legal  definition of  "wrongfully seized"  or a                                                               
finding that would come from the court.                                                                                         
                                                                                                                                
3:56:30 PM                                                                                                                    
SENATOR CLAMAN asked  whether anyone had ever filed  a civil case                                                               
for the return of game meat that was seized by the state.                                                                       
                                                                                                                                
3:57:06 PM                                                                                                                    
CHERYL  BROOKING, Senior  Assistant Attorney  General, Department                                                               
of Law (DOL), Anchorage, Alaska, replied  she has been on the job                                                               
for  ten years  and  never  witnessed a  civil  claim related  to                                                               
wrongfully seized game.                                                                                                         
                                                                                                                                
3:57:26 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  how  many animals  are  seized  and                                                               
returned before a court action.                                                                                                 
                                                                                                                                
3:57:52 PM                                                                                                                    
COLONEL  CHAISTAIN  replied it  is  rare  for that  situation  to                                                               
occur, but it is possible.                                                                                                      
                                                                                                                                
3:58:10 PM                                                                                                                    
CO-CHAIR   GIESSEL  suggested   defining  the   term  "wrongfully                                                               
seized."                                                                                                                        
                                                                                                                                
3:58:47 PM                                                                                                                    
MS.  BROOKING recommended  that  it would  be  helpful to  either                                                               
define "wrongfully  seized" or reference the  existing definition                                                               
of  "probable cause"  if  it  is determined  that  an animal  was                                                               
seized without probable cause.                                                                                                  
                                                                                                                                
3:59:20 PM                                                                                                                    
SENATOR CLAMAN  asked about  the legal  implication of  moving to                                                               
define  "wrongfully seized"  as opposed  to "probable  cause." He                                                               
asked if  there are any  other sections  in statute that  use the                                                               
term "wrongfully seized."                                                                                                       
                                                                                                                                
4:00:03 PM                                                                                                                    
MS. BROOKING  replied she is  unaware of any location  in statute                                                               
where the term is used.                                                                                                         
                                                                                                                                
4:00:18 PM                                                                                                                    
SENATOR WIELECHOWSKI asked how the  Department of Law (DOL) makes                                                               
a hunter whole  in cases where troopers raid  someone's house and                                                               
game evidence is spoiled.                                                                                                       
                                                                                                                                
4:00:44 PM                                                                                                                    
MS. BROOKING deferred to Colonel Chaistain to respond.                                                                          
                                                                                                                                
4:01:16 PM                                                                                                                    
COLONEL   CHAISTAIN  asked   for  clarification   to  ensure   he                                                               
understood the question correctly.                                                                                              
                                                                                                                                
4:01:34 PM                                                                                                                    
SENATOR WIELECHOWSKI provided an  example of spoiled evidence and                                                               
asked if compensation is provided.                                                                                              
                                                                                                                                
4:01:52 PM                                                                                                                    
COLONEL CHAISTAIN replied that Alaska  State Troopers may enter a                                                               
person's home  and cause  damage, but officers  do their  best to                                                               
repair and replace everything that was destroyed.                                                                               
                                                                                                                                
4:02:49 PM                                                                                                                    
SENATOR CLAMAN  asked if  the state reimburses  the value  of the                                                               
property that  is no  longer viable  when it  is seized  by state                                                               
troopers.                                                                                                                       
                                                                                                                                
4:03:27 PM                                                                                                                    
COLONEL CHAISTAIN replied  that he is aware of  a situation where                                                               
the court found  that a person was not guilty  or liable. He said                                                               
in  these situations,  DPS  tries  to make  the  person whole  by                                                               
replacing  any  damaged items  and  the  defendant is  given  the                                                               
option  to  receive  the  next available  roadkill  animal  or  a                                                               
similar  animal.  Sometimes, a  person  may  wait several  months                                                               
before  an  animal  of  similar   quality  is  obtained  for  the                                                               
replacement. However, the animal  is delivered in most situations                                                               
when the court finds the defendant not guilty.                                                                                  
                                                                                                                                
4:04:41 PM                                                                                                                    
CO-CHAIR  BISHOP  announced  invited testimony  and  invited  Ted                                                               
Spraker, former  Chair of Alaska  Board of  Game, to speak  to SB
168.                                                                                                                            
                                                                                                                                
4:05:08 PM                                                                                                                    
TED SPRAKER,  representing self, Soldotna,  Alaska, said he  is a                                                               
strong  supporter  of  SB  168 and  appreciates  how  it  ensures                                                               
fairness for the public. He  provided a hypothetical scenario and                                                               
drew a parallel  with liability in compensating  for truck damage                                                               
in an  auto accident  to highlight  the importance  of rectifying                                                               
wrongful  citations for  illegal moose  meat confiscation.  While                                                               
antlers  may be  returned  if a  citation is  later  found to  be                                                               
legal, the  meat is  often unrecoverable.  He stressed  that ADFG                                                               
and  state troopers  have difficult  jobs, but  acknowledged that                                                               
mistakes may occur  and they should be held  accountable. He said                                                               
he has  been called  in several  times as  an expert  witness for                                                               
hunters  since he  played a  lead role  in the  implementation of                                                               
selective harvest  in 1997.  A few  years ago,  a woman  killed a                                                               
moose  and  the  animal  was  brought  to  ADFG  thereafter.  The                                                               
department  determined  that  the  animal  was  illegal,  so  the                                                               
antlers and meat  were stored in Alaska  State Troopers' freezer.                                                               
The  case went  on for  several months  and the  judge eventually                                                               
ruled in her  favor. However, when she obtained the  meat, it was                                                               
inedible and could  not be used to feed her  family. He said this                                                               
type of  scenario does  not happen often,  but it  is devastating                                                               
when it  does occur. He  opined that SB 168  is a good  bill that                                                               
would fairly compensate hunters who wrongfully lose their game.                                                                 
                                                                                                                                
4:09:37 PM                                                                                                                    
REBECCA   SCHWANKE,   representing   self,   Glenallen,   Alaska,                                                               
testified in support  of SB 168. She explained  her background as                                                               
a former Alaska  Department of Fish and Game  (ADFG) employee and                                                               
current roles  as a big  game guide, hunter,  wildlife biologist,                                                               
consultant, and expert  witness on Dall sheep  legality. She said                                                               
she spent  12 years working  alongside ADGF and big  game hunters                                                               
on numerous  research management  projects. One  project included                                                               
establishing Dall  sheep full curl-horn regulations  in 2004. She                                                               
stated she  also worked closely  with other state  biologists and                                                               
state  troopers,  including  Colonel Chaistain,  to  develop  the                                                               
sealing  process.  Her role  included  training  staff to  ensure                                                               
consistency in the Dall sheep  legality determination and sealing                                                               
procedures  with  fairness  and consistency.  She  recounted  the                                                               
opportunity to  testify in court  on behalf of  state prosecutors                                                               
and recently on behalf of hunters  who had their Dall sheep horns                                                               
wrongfully  seized. She  said hunters  hope ADFG  and the  Alaska                                                               
State  Troopers are  consistently working  to ensure  they employ                                                               
the highest  quality training for  their staff and ensure  a full                                                               
and  fair  evaluation of  legality  when  a harvested  animal  is                                                               
presented. Acknowledging  that the state generally  gets it right                                                               
in  legality determinations,  she noted  the difficulty  and loss                                                               
experienced  by  both parties  in  cases  of confiscation.  If  a                                                               
hunter opts  to contest the  confiscation and comes out  of court                                                               
without a  guilty verdict, it  is up to  the state to  return the                                                               
evidence to  the hunter. She  highlighted the  significant amount                                                               
of time,  energy, and resources  expended by hunters  who contest                                                               
confiscations  and are  found not  guilty. There  is currently  a                                                               
lack  of standardized  requirements  or a  process to  compensate                                                               
hunters for the  loss of valuable game meat.  In some situations,                                                               
hunters do not receive any meat  or compensation. When a big game                                                               
animal  is wrongfully  seized, the  value  of the  animal may  be                                                               
worth more  in certain  regions. She stated  she trusts  that the                                                               
committee  and  bill   sponsor  can  work  together   to  find  a                                                               
consistent,  easier   to  apply,  fair  evaluation   process  for                                                               
wrongfully taken big game.                                                                                                      
                                                                                                                                
4:13:16 PM                                                                                                                    
CO-CHAIR BISHOP  concluded invited testimony  and held SB  168 in                                                               
committee.                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 168 ADFG Fiscal Note 02.10.24.pdf SRES 2/21/2024 3:30:00 PM
SB 168
SB 168 Sponsor Statement Ver. A. 02.21.24.pdf SRES 2/21/2024 3:30:00 PM
SB 168
SB 168 Sectional Analysis Ver A. 02.21.24.pdf SRES 2/21/2024 3:30:00 PM
SB 168
SB 190 Public Testimony as of 02.21.24.pdf SRES 2/21/2024 3:30:00 PM
SB 190
SB 199 Ver. S.pdf SRES 2/21/2024 3:30:00 PM
SB 199
SB 199 Explanation of Changes v. A to S.pdf SRES 2/21/2024 3:30:00 PM
STRA 2/20/2024 1:30:00 PM
SB 199
SB 199 Presentation DNR SRES Ver. S.pdf SRES 2/21/2024 3:30:00 PM
SB 199
HB 282, SB 199 State Land_Disposal_Sale_ Briefing Paper 02.13.2024.pdf HTRA 2/13/2024 1:30:00 PM
SRES 2/21/2024 3:30:00 PM
HB 282
SB 199
SB 199 Transmittal Letter 01.22.2024.pdf SRES 2/21/2024 3:30:00 PM
SB 199
SB 199 Fiscal Note DNR 02.12.2024.pdf SRES 2/21/2024 3:30:00 PM
STRA 2/13/2024 1:30:00 PM
SB 199
SB 199 Fiscal Note DEED 01.24.2024.pdf SRES 2/21/2024 3:30:00 PM
STRA 2/13/2024 1:30:00 PM
SB 199
SB 190 Amendment 1.pdf SRES 2/21/2024 3:30:00 PM
SB 190
SB 199 Sectional Analysis Ver. S. 02.21.24.pdf SRES 2/21/2024 3:30:00 PM
SB 199