Legislature(1999 - 2000)

02/24/1999 03:10 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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              SENATE RESOURCES COMMITTEE                                                                                        
                  February 24, 1999                                                                                             
                      3:10 P.M.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Rick Halford, Chairman                                                                                                  
Senator Robin Taylor, Vice Chairman                                                                                             
Senator Pete Kelly                                                                                                              
Senator Jerry Mackie                                                                                                            
Senator Lyda Green                                                                                                              
Senator Sean Parnell                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 74                                                                                                              
"An Act relating to hunting on the same day airborne."                                                                          
                                                                                                                                
     -MOVED SB 74 OUT OF COMMITTEE                                                                                              
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 74 - No previous action to consider.                                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Mr. Geron Bruce, Legislative Liaison                                                                                            
Alaska Department of Fish and Game                                                                                              
P.O. Box 25526                                                                                                                  
Juneau, AK 99802-5526                                                                                                           
POSITION STATEMENT: Opposed SB 74.                                                                                              
                                                                                                                                
Mr. Steve White                                                                                                                 
Department of Law                                                                                                               
P.O. Box 110300                                                                                                                 
Juneau, AK 99801                                                                                                                
POSITION STATEMENT: Commented on SB 74.                                                                                         
                                                                                                                                
Mr. Patrick Wright                                                                                                              
Scientific Management of Alaska's Resource Treasury (SMART)                                                                     
P.O. Box 244001                                                                                                                 
Anchorage, AK 99524                                                                                                             
POSITION STATEMENT: Supported SB 74.                                                                                            
                                                                                                                                
Mr. Dave Kelleyhouse                                                                                                            
Alaska Outdoor Council                                                                                                          
P.O. Box 81452                                                                                                                  
Fairbanks, AK 99708                                                                                                             
POSITION STATEMENT: Supported SB 74.                                                                                            
                                                                                                                                
Mr. Rod Arno                                                                                                                    
P.O. Box 1410                                                                                                                   
Wasilla, AK 99645                                                                                                               
POSITION STATEMENT: Supported SB 74.                                                                                            
                                                                                                                                
Mr. Wayne Kubat                                                                                                                 
P.O. Box 874867                                                                                                                 
Wasilla, AK 99687                                                                                                               
POSITION STATEMENT: Supported SB 74.                                                                                            
                                                                                                                                
Mr. Rick Swisher                                                                                                                
Quicksilver Air                                                                                                                 
2721 Cormorant St.                                                                                                              
Fairbanks, AK 99709                                                                                                             
POSITION STATEMENT: Supported SB 74.                                                                                            
                                                                                                                                
Ms. Marybeth Hennessy                                                                                                           
Forty Mile Fish and Game Advisory Committee                                                                                     
P.O. Box 892                                                                                                                    
Tok, AK 99780                                                                                                                   
POSITION STATEMENT: Supported SB 74.                                                                                            
                                                                                                                                
Mr. Wayne Heimer                                                                                                                
1098 Chena Pump                                                                                                                 
Fairbanks, AK 99709                                                                                                             
POSITION STATEMENT: Supported SB 74.                                                                                            
                                                                                                                                
Mr. Joel Bennett                                                                                                                
15255 Pt. Louisa Rd.                                                                                                            
Juneau, AK 99801                                                                                                                
POSITION STATEMENT: Opposed SB 74.                                                                                              
                                                                                                                                
Mr. Richard Wallen                                                                                                              
2940 Douglas Hwy.                                                                                                               
Juneau, AK 99801                                                                                                                
POSITION STATEMENT: Opposed SB 74.                                                                                              
                                                                                                                                
Mr. Bill Hagar                                                                                                                  
Alaska Wilderness Council                                                                                                       
431 Gaffney Rd.                                                                                                                 
Fairbanks, AK 99701                                                                                                             
POSITION STATEMENT: Supported SB 74.                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-11, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
                SB 74-SAME DAY AIRBORNE HUNTING                                                                                 
                                                                                                                                
CHAIRMAN HALFORD called the Senate Resources Committee meeting to                                                               
order at 3:10 p.m. and announced SB 74 to be up for consideration.                                                              
                                                                                                                                
SENATOR PETE KELLY, sponsor of SB 74, said this is not an aerial                                                                
wolf hunt. The bill reinstates a valuable management tool to ADF&G                                                              
and for the benefit of the wolf populations that may have lice                                                                  
infestation and disease.  Current statute would preclude the                                                                    
Department from taking immediate action without Board approval of                                                               
a control program.  He said the first line of the bill still says                                                               
that a person may not shoot or assist in the shooting of a free                                                                 
range wolf...if that person has been airborne.                                                                                  
                                                                                                                                
Current wording of AS 16.05.783 has the appearance of allowing the                                                              
Board of Game to authorize a wolf control program using aerial                                                                  
shooting, but the language chosen would make that nearly impossible                                                             
without legal challenge.  The use of the terms "adequate data," "no                                                             
feasible solution," and "biological emergency" are problematic both                                                             
from biological and legal points of view.  Rather than establishing                                                             
workable standards for determining when predation control is                                                                    
appropriate, the language creates ambiguity in that regard, which                                                               
will lead to endless legal challenges.                                                                                          
                                                                                                                                
This bill would preserve the original stated intent of the 1996                                                                 
ballot measure, but would more clearly provide the Board and                                                                    
Department the latitude to employ aerial shooting for management                                                                
purposes.  Management actions should not be considered "hunting"                                                                
when performed by Department personnel or persons acting as agents                                                              
of the State.                                                                                                                   
                                                                                                                                
MR. GERON BRUCE, Legislative Liaison, Department of Fish and Game,                                                              
testified that SB 74 does three things. First, it removes the                                                                   
requirement that before an aerial wolf control program may be                                                                   
authorized, the commissioner must make a written finding                                                                        
demonstrating that biological emergency exists and there is no                                                                  
other feasible solution to eliminate the biological emergency.                                                                  
Second, the bill deletes the definition of biological emergency                                                                 
from statute.  Third, it authorizes the use of non-department                                                                   
personnel or agents in the implementation of a departmental                                                                     
predator control program.                                                                                                       
                                                                                                                                
The Department acknowledges that biological emergency as defined in                                                             
current law is a difficult term to deal with in large part because                                                              
of the use of the term "irreversible decline."  There is an                                                                     
internal conflict in the definition of when an aerial wolf control                                                              
program could be authorized if a population is in or projected to                                                               
be in an "irreversible decline."  He said they are willing to work                                                              
with the sponsor on a new definition of biological emergency that                                                               
would address and fix that problem.                                                                                             
                                                                                                                                
Before any predator control plan is initiated, the Department will                                                              
need to go through a process to demonstrate that exceptional                                                                    
circumstances call for a control program.  Events over the last 15                                                              
years have demonstrated that the public does not consider lethal                                                                
wolf control, for example, to be a routine or standard element of                                                               
good wildlife management.  Exceptional need and circumstances will                                                              
have to be demonstrated through an open and public process.                                                                     
                                                                                                                                
This process could be a special management planning process like                                                                
the one the led to the adoption of the Forty zMile caribou plan or                                                              
it could be conducted within the structure of the Board of Game                                                                 
process.  Such a process would need to contain the following                                                                    
elements.  First, a strong scientific demonstration that predation                                                              
is the fundamental cause of a decline or continued low level of a                                                               
particular prey population.  Secondly, in cooperating with Board of                                                             
Game, the social and economic benefits associated with a control                                                                
program would have to be weighed and the anticipated benefits                                                                   
determined to exceed the costs.  Finally, there would have to be                                                                
indication of public acceptance among Alaskans for the proposed                                                                 
control program.  Experience has shown that any wolf control                                                                    
program will be controversial and the ability to successfully carry                                                             
out and sustain such a program will depend on an objective and                                                                  
thorough process that gains the acceptance of Alaskans.                                                                         
                                                                                                                                
The Department would like to voice concern over the use of non-                                                                 
agency personnel in conducting any departmental predator control                                                                
program.  Certainly, there may be a need for non-departmental                                                                   
personnel to fly the helicopters or fixed wing aircraft that would                                                              
be used in a predator control program.  The authority for the                                                                   
Department to contract for these services needs to be clear and he                                                              
said they would work with the sponsor to craft language, if it is                                                               
lacking in current law.                                                                                                         
                                                                                                                                
However, the Department does not believe that it is appropriate for                                                             
non-agency personnel to be employed in the taking of the animals                                                                
subject to a department predator control plan.  Again, because of                                                               
the extreme sensitivity and controversial nature of these programs,                                                             
the Department believes this activity is best restricted to agency                                                              
personnel.                                                                                                                      
                                                                                                                                
Number 130                                                                                                                      
                                                                                                                                
SENATOR HALFORD asked how many wolves were killed last year under                                                               
current State regulations.                                                                                                      
                                                                                                                                
MR. BRUCE responded he thought hundreds were typically killed.                                                                  
                                                                                                                                
SENATOR HALFORD asked if it was over 1,000.                                                                                     
                                                                                                                                
MR. BRUCE said he really didn't have the figure.                                                                                
                                                                                                                                
SENATOR HALFORD asked if the Department supported the current level                                                             
of harvest of wolves.                                                                                                           
                                                                                                                                
MR. BRUCE'S answered that they do; the Department has very                                                                      
aggressive opportunities for people to take wolves through hunting                                                              
and trapping regulations.                                                                                                       
                                                                                                                                
SENATOR HALFORD asked if "free ranging wolf" in current law                                                                     
included a wolf in a trap.                                                                                                      
                                                                                                                                
MR. STEVE WHITE, Department of Law, inserted that this law was                                                                  
adopted by initiative and that the definition of "free ranging" is                                                              
in statute.                                                                                                                     
                                                                                                                                
Number 163                                                                                                                      
                                                                                                                                
MR. PATRICK WRIGHT, SMART, said they are one of the litigants of                                                                
the court case that went through the Superior Court in Fairbanks                                                                
and the Supreme Court pertaining to the same day airborne                                                                       
initiative.  He commended the Legislature on clearing up the                                                                    
language in this statute.  This is a good example of why ballot                                                                 
measures are not appropriate for fish and game management subjects,                                                             
because they may be very complex.  The only things voters have to                                                               
vote on in the initiative process is the actual language that is                                                                
placed on the ballot.  He said the important case numbers are S-                                                                
08676/S-08685 and an opinion 6055 and Superior Court case 4FA-97-                                                               
879 and 4FA-97-2337 CI.  The Alaska Wildlife Alliance had an amicus                                                             
cur brief in the Supreme Court case making it clear that they                                                                   
wanted wildlife management to be available to ballot measures.                                                                  
                                                                                                                                
He pointed out that Section 8 of the Constitution provides for                                                                  
common use of our fish and wildlife resources and he wanted to keep                                                             
that concept in mind.  He said they want to make sure ADF&G has the                                                             
ability to manage wildlife and that the public has involvement                                                                  
through the Board and Advisory Committee processes.                                                                             
                                                                                                                                
MR. DAVE KELLEYHOUSE, Alaska Outdoor Council, supported SB 74.  He                                                              
said the ballot initiative was funded mostly by outside anti-                                                                   
hunting groups, most notably the Defenders of Wildlife.  Alaskan                                                                
voters were told that the initiative only prohibited Alaskan                                                                    
hunters from shooting fur bearers in the same day airborne, but                                                                 
this was already against Alaska hunting regulations.  The voters                                                                
were also assured that the ballot measure allowed ADF&G biologists                                                              
to use same day airborne shooting to control wolf predation, but                                                                
this too was a skillful deception.  The Knowles administration                                                                  
issued a gag order discouraging state game managers at that time                                                                
from informing voters of the real impact this initiative would have                                                             
on wildlife management in the future.  There was no opportunity for                                                             
informed debate during the campaign for this initiative.                                                                        
                                                                                                                                
Language in AS 16.05.783 appears to allow same day airborne wolf                                                                
control programs, but realistically, no state program can be                                                                    
conducted with the current wording.  A basic premise for sound                                                                  
resource  conservation is for biologists to be able to take timely                                                              
and appropriate steps to avoid biological emergencies.  Yet, the                                                                
law actually requires managers to prove the biological emergency                                                                
already exists before action involving same day airborne taking can                                                             
be authorized.                                                                                                                  
                                                                                                                                
MR. KELLEYHOUSE said that SB 74 does not overturn the vote of the                                                               
people; it clarifies the ability of the State to conduct authorized                                                             
wildlife management programs.  SB 74 deletes all of the unnecessary                                                             
complex language in the initiative and substitutes an unambiguous                                                               
allowance for the use of same day airborne taking in authorized                                                                 
game management programs.  In doing so, SB 74 will save the State                                                               
millions of dollars in dealing with lawsuits in the future, because                                                             
it clarifies terminology.  The term "biological emergency" is                                                                   
disturbing, because the commissioner is required to demonstrate                                                                 
that there is a biological emergency with adequate data and the                                                                 
definition is an "irreversible decline."  Even if a population of                                                               
game declines dramatically because of bad weather, in subsequent                                                                
years, if there is a slight increase in that diminished population,                                                             
by definition it is not in an "irreversible decline."  Secondly, no                                                             
professional biologist would risk their credibility by identifying                                                              
wolf predation alone as the sole cause of a prey decline.                                                                       
                                                                                                                                
Current language in AS 16.05.783 also requires the commissioner to                                                              
demonstrate with adequate data that there is no feasible solution                                                               
other than airborne wolf control to remove a hypothetical                                                                       
biological emergency.  Opponents to sound game management and                                                                   
hunting can always go to court with the argument that feasible                                                                  
solutions other than airborne control exist.  They can argue that                                                               
a complete hunting closure on moose, caribou, and other game,                                                                   
surgical or chemical sterilization, and the use of poison are                                                                   
feasible solutions - even though neither biologists nor the public                                                              
would bring back indiscriminate use of poison favored by the                                                                    
federal government in the 1950's.                                                                                               
                                                                                                                                
In his opinion, based on 20 years of working with this topic, same                                                              
day airborne taking of wolves is the most effective, cost                                                                       
efficient, selective and human way to halt the decline of many                                                                  
important big game prey populations and allow those populations to                                                              
recover to reasonable levels of abundance.  This is in most cases,                                                              
except for habitat limitations.  During his career, he never                                                                    
experienced a wolf control program employing same day airborne                                                                  
taking that in any way threatened Alaska's wolf population.                                                                     
Certain programs approved by the Board of Game were based on the                                                                
best available biological information and were conducted according                                                              
to strict guidelines to ensure conservation of both predators and                                                               
prey.  SB 74 leaves that responsibility for the safeguards to the                                                               
Board of Game, ADF&G, and the public process.                                                                                   
                                                                                                                                
One other point MR. KELLEYHOUSE raised is that the current                                                                      
infestation of wolves with dog lice is an emergency, but is not                                                                 
covered by the definition.  As director of the Division of Wildlife                                                             
in 1994, he directed his staff to go after two louse infested                                                                   
wolves that were radio collared and had left the Kenai Peninsula                                                                
and gone into the Kink River drainage.  His directions were really                                                              
clear - either dart the wolves and treat them with drugs, if                                                                    
possible; and if not possible, shoot them both.  He had the                                                                     
authority to do that in the absence of AS 16.05.783.  Now it's                                                                  
questionable whether the director would have that authority.                                                                    
                                                                                                                                
In response to Mr. Bruce's comments, he said before there could be                                                              
any kind of a wolf control program using same day airborne taking,                                                              
it would have to be an open public process, MR. KELLEYHOUSE said he                                                             
took that to mean a protracted process, not merely a Board of Game                                                              
meeting.  One of the basic premises of game management is to take                                                               
action before a crisis situation develops.  Going into a protracted                                                             
public process would short-circuit that.                                                                                        
                                                                                                                                
SB 74 does provide for qualified members of the public to                                                                       
participate, if authorized by the Board, to act as agents of the                                                                
State.  This language mirrors language in the federal airborne                                                                  
hunting act which recognizes the ability of states to use agents of                                                             
the state and still be in compliance with federal law.  He                                                                      
suspected, in the future, both budgetary and personnel constraints                                                              
may well warrant reliance upon qualified members of the public.                                                                 
The Department did this in the early 1990's in Unit 13.  That                                                                   
worked very well and he didn't see why that wouldn't work in the                                                                
future.  He thought the Administration was underrating the Alaskan                                                              
public's ability to understand common-sense solutions.                                                                          
                                                                                                                                
Number 350                                                                                                                      
                                                                                                                                
MR. ROD ARNO, Palmer resident, supported SB 74.  Clearly there is                                                               
a public process that goes through the Administrative Procedures                                                                
Act through Title 16 to allow public input into the issue of                                                                    
predator control which this bill will allow to occur again thus                                                                 
fulfilling the mandate of Alaska's Constitution, Article 8, Section                                                             
4 on sustained yield of Alaska's wildlife resources in accordance                                                               
to the preference among beneficial users.                                                                                       
                                                                                                                                
The Alaska Outdoor Legacy, a state-wide comprehensive outdoor                                                                   
recreation plan, found in Alaska in 1997, that of the activities in                                                             
rural areas, hunting and fishing were the two highest priorities.                                                               
In the  railbelt area: Kenai, Anchorage, and the Valley, among men,                                                             
fishing was first, hunting was second.  Clearly there is a mandate                                                              
from the public to be able to hunt.  A survey conducted by ADF&G in                                                             
1994 asked, "Do you like to eat game meat?"  Seventy-five percent                                                               
of Alaskans state-wide said they did.  In order to eat game meat,                                                               
something has to be done about the amount of predation that's                                                                   
occurring.  SB 74 will allow those Alaskans who want to harvest                                                                 
wildlife to be able to go through the Board process and they would                                                              
have the authority to implement that management.                                                                                
                                                                                                                                
MR. WAYNE KUBAT, Kasilof hunting guide for 14 years in Unit 16,                                                                 
said he has seen a definite decline in the moose in the last 10                                                                 
years, especially in the last five years - the same time that same                                                              
day airborne hunting of wolves was disallowed.  The wolves are                                                                  
increasing and the moose are decreasing. He said the trappers are                                                               
not staying ahead of it.  He supported SB 74 the way it is written.                                                             
He totally disagreed with the ADF&G comment about only department                                                               
personnel should be doing this.                                                                                                 
                                                                                                                                
MR. RICK SWISHER, Quicksilver Air, said he contracts to fly a lot                                                               
for the ADF&G both state and federal.  He has been involved in a                                                                
lot of different projects.  In the Palmer area, he knows, there was                                                             
an estimated 45 wolves and when he did an intensive survey with the                                                             
Department, there were actually 120 wolves.                                                                                     
                                                                                                                                
MR. WAYNE HEIMER, Fairbanks resident, said he thought the                                                                       
initiative passed through the use of deceit and scullduggery.  That                                                             
housewives in Anchorage voted for it. He supported SB 74.                                                                       
                                                                                                                                
SENATOR KELLY asked Mr. Heimer to state his credentials.                                                                        
                                                                                                                                
MR. HEIMER responded that he has lived in Alaska for 33 years and                                                               
worked for ADF&G for 25 of them.                                                                                                
                                                                                                                                
MS. MARYBETH HENNESSY supported SB 74, but wanted point #2 amended                                                              
to allow members of the general public to participate in same day                                                               
airborne hunting of identifyied predators in designated predator                                                                
control areas.                                                                                                                  
                                                                                                                                
Number 444                                                                                                                      
                                                                                                                                
MR. JOEL BENNETT, Juneau resident, testified that he has lived in                                                               
Alaska for 30 years and has been a licensed hunter for each of                                                                  
those years.  He served 13 years on the State Board of Game between                                                             
1976 and 1989.  He was the co-sponsor of the Wolf Management                                                                    
Commission that passed the initiatives and reviewed some of the                                                                 
history of the issue with the committee.                                                                                        
                                                                                                                                
MR. BENNETT said he really believes that the prevailing public view                                                             
does not support any serious change to the present statute.  To do                                                              
so would invite needless divisiveness, erode the public's faith in                                                              
the democratic process, and damage the best interests of the State.                                                             
                                                                                                                                
The recent history behind AS 16.05.783 is that, for many years,                                                                 
many on the Board of Game felt that the use of airborne wolf                                                                    
hunting was out of step with responsible game management in the                                                                 
prevailing public view and yet, no change occurred while year after                                                             
year it tied up untold state resources time and money.  Very few                                                                
programs were ever implemented that resulted in the airborne                                                                    
shooting of wolves on behalf of the State.                                                                                      
                                                                                                                                
In 1995, he commissioned a Dittman Research poll to gauge how the                                                               
public really felt about this.  Sixty three percent of those                                                                    
surveyed supported the statute that's in front of them.  Seventy-                                                               
one percent felt that "land and shoot" was unsporting and against                                                               
the principals of fair chase.  So they waged a campaign to show                                                                 
what a cross section of the public really felt.  They created a                                                                 
steering committee which included a past commissioner of ADF&G, an                                                              
ex-governor, and ex-lieutenant governor, an ex-regional supervisor                                                              
of game, and four past Board of Game members.                                                                                   
                                                                                                                                
In November 1996, proposition 3 passed by a 58.5 percent of the                                                                 
vote.  It achieved a majority vote in all but six of the 40                                                                     
election districts in the State.  MR. BENNETT thought Mr. Heimer                                                                
was in error saying that middle aged people in Anchorage passed                                                                 
this; it was passed in towns and villages like Delta Junction,                                                                  
Chugiak, Wasilla, Palmer, Nome, Bethel, Aniak, Arctic Village,                                                                  
Koyukuk, Kivalina, Anektuvik Pass, Barrow, Wrangell, Craig, and                                                                 
Kake, to name just a few.  He had a complete district-by-district,                                                              
village and town break down of the vote which he left with the                                                                  
committee to demonstrate this was a broad geographical vote.                                                                    
                                                                                                                                
It has been two years since the statute passed and there has been                                                               
no crisis of game management, no widespread clamor for wolf control                                                             
and the new law has not yet been applied, he said.  It's easy to                                                                
sit by the side and say what's wrong with the law before it's even                                                              
tested.  No law is perfect, however, and there are ways to improve                                                              
statutes and this one could be improved to some extent, but the                                                                 
basic components of this law are supported by a broad section of                                                                
the public.  In anticipation of efforts like this to modify the                                                                 
law, his organization commissioned another Dittman state-wide poll                                                              
asking whether the State legislature should repeal the current ban                                                              
on same day airborne wolf hunting, 70 percent, again, said, "No."                                                               
Again the geographical distribution was broad.  Sixty-five percent                                                              
in the rural areas, 62 percent in central Alaska including                                                                      
Fairbanks, and 76 percent in Anchorage and Southeast.  The public                                                               
just does not want to see this law significantly changed.                                                                       
                                                                                                                                
There are some who say some of the language is ambiguous and will                                                               
lead to litigation, but he believes this is unfounded.  So far, no                                                              
situation has arisen to test the workability of the law and it is                                                               
a disservice to the public to conclude that it is unworkable.  If                                                               
there is a need to more precisely define a term, such as                                                                        
"biological emergency," the Board of Game can do it by regulation.                                                              
The commissioner of ADF&G has sufficient latitude and discretion to                                                             
make the threshold determinations under the law.                                                                                
                                                                                                                                
The criticism that diseased wolves cannot be removed from                                                                       
population is absurd.  His committee wrote a letter early in the                                                                
campaign and said that this would fall within the discretion of the                                                             
commissioner of ADF&G under his other powers to remedy a situation                                                              
that fell under a scientific and life-threatening biological                                                                    
situation with regard to infected wolves.  If there is still a                                                                  
question about that, he thought it would be proper to amend the                                                                 
statute with the exemption saying any diseased wolves could be                                                                  
removed regardless of the provisions of the statute.                                                                            
                                                                                                                                
Regarding the Chairman's question about the number of wolves taken,                                                             
he said that at least since 1995 when high numbers (above 1,000) of                                                             
wolves were taken, the last year he could get information for,                                                                  
1997/98, it was 1,080.  The year before that it was 1,170, the year                                                             
before that somewhat higher.  The point is that high levels of                                                                  
wolves have been taken since the mid-90's and since airborne                                                                    
hunting has been restricted.  So people don't seem to have a                                                                    
problem getting wolves in other ways.                                                                                           
                                                                                                                                
MR. BENNETT summarized that the two key components of the                                                                       
biological emergency condition that would have to arise before the                                                              
Department could institute this kind of control is a proper and                                                                 
responsible form of game management.  Giving the public the land                                                                
and shoot power back is clearly something the State does not want                                                               
to indulge in again.                                                                                                            
                                                                                                                                
SENATOR MACKIE said he appreciated him bringing the polls by and                                                                
wanted to see how the questions were asked.  He believes when you                                                               
do polling, you can sometimes get close to a desired result based                                                               
on how you asked the question and the same thing with ballot                                                                    
initiatives depending on how the question is defined.  He is not                                                                
suggesting that is what they did and asked if Mr. Bennett's                                                                     
organization had done any polling in terms of asking the people                                                                 
whether or not they thought there should not be intensive game                                                                  
management and the wolf population should be allowed to continue to                                                             
grow even if it meant to the point of extinction or significantly                                                               
reduced game populations which would make that game not available                                                               
to the general public for personal consumption.                                                                                 
                                                                                                                                
MR. BENNETT responded that in their polling they did not ask about                                                              
intensive game management or whether they felt other methods would                                                              
be appropriate; they asked only about the use of aircraft, because                                                              
that was the one burning part of the whole issue through the last                                                               
30 years that has tied everything up.  He said the exact wording of                                                             
the initiative was, "Would you vote for this?  Did you vote for                                                                 
this?  If you had to vote again now, would you vote for it again                                                                
now."  The question on the ballot initiative was, "No person may                                                                
shoot a wolf, coyote, wolverine, etc. the same day that person is                                                               
airborne.  However, if authorities conclude that a biological                                                                   
emergency does exist, the same day aerial wolf control program                                                                  
conducted by Fish and Game personnel only may be authorized, would                                                              
you vote for or against that initiative."                                                                                       
                                                                                                                                
MR. BENNETT said he thought the public supported any reasonable                                                                 
method of enhancing game populations.  There has to be some                                                                     
parameters to it; poison being one that everyone seems to agree                                                                 
about.  He asked what's next after poison and he thought aircraft                                                               
followed closely, because of a lot of deep-seated objections to                                                                 
that form of that level of technology applied to animals - even if                                                              
it's in a control program.  He said they don't use poison in a                                                                  
control program, either.                                                                                                        
                                                                                                                                
SENATOR MACKIE said the part about an employee of the ADF&G under                                                               
a management program being allowed to do that was also a part of                                                                
the 70 percent or so who approved it.  The language that the                                                                    
senator from Fairbanks is offering says, "An employer agent of the                                                              
Department who is part of the game management program is authorized                                                             
to do this."  His experience is that people do object to same day                                                               
airborne hunting, but when it's dealing with proper game management                                                             
by professional management people and the objectives are to protect                                                             
the game populations for all people of Alaska, he thought they                                                                  
would get a totally different response and asked if Mr. Bennett                                                                 
agreed with that.                                                                                                               
                                                                                                                                
MR. BENNETT said he thought question the poll posed used                                                                        
"department personnel" because that is what the statute says.                                                                   
Senator Kelly is seeking to modify it by adding a very significant                                                              
part of the issue which is whether or not public permits would be                                                               
issued for people who have conducted these activities in the past                                                               
under the land and shoot laws and would like to do it again.  They                                                              
are the most qualified, but they are probably the least                                                                         
controllable and the least trusted by the public.  He thought there                                                             
would be objections to that addition.                                                                                           
                                                                                                                                
SENATOR MACKIE said he thought Mr. Bennett had a problem with an                                                                
agent of the Department doing it, not                                                                                           
                                                                                                                                
TAPE 99-11, SIDE B                                                                                                              
Number 590                                                                                                                      
                                                                                                                                
someone who's on ADF&G's payroll and asked if he opposed use of                                                                 
aircraft under the management system.                                                                                           
                                                                                                                                
MR. BENNETT answered no, but he emphasized what they tried to do in                                                             
crafting the language of the initiative is to set it up so there                                                                
wouldn't be a continuous use of this method every time someone                                                                  
wanted to enhance the moose or caribou population.  Rather that the                                                             
method would only be employed when there was extraordinary                                                                      
circumstances.  If people have a problem with "irreversible                                                                     
decline," they should work on a better way to say it.  What's                                                                   
important to his organization and to the public is that it not be                                                               
a routine strategy - because of the controversial aspects.                                                                      
                                                                                                                                
MR. RICHARD WALLEN, Juneau artist and long time resident of Alaska,                                                             
said shortly after statehood, he worked for five years as a                                                                     
wildlife biologist for ADF&G.  He served a term on the Alaska Board                                                             
of Game from 1989 - 1992, more recently he was a member of the                                                                  
steering committee for the initiative that banned same day airborne                                                             
hunting.  On issues like SB 74, he finds it helpful to think of the                                                             
Alaska public as divided into two broad publics, hunting and non-                                                               
hunting.  During his years on the Board, he observed that the much                                                              
larger non-hunting public is, for the most part, accepting and                                                                  
tolerant of hunting, especially subsistence hunting - provided that                                                             
it thinks wildlife is getting a fair shake.                                                                                     
                                                                                                                                
In Board meetings lasting six weeks and dealing with more than 400                                                              
proposals, his experience is that most issues were deliberated and                                                              
settled without wide-spread controversy or bitterness.  But there                                                               
are a handful of exceptions and airborne hunting is one of them.                                                                
Others include predator control programs such as poison and                                                                     
bounties, running down animals with snowmachines, bear baiting, and                                                             
attempts to open popular areas close to hunting, such as Seymour                                                                
Canal and McNeil River.  When these are proposed or approved, such                                                              
relatively few flash point issues ignite public outrage and it                                                                  
polarizes hunters and pushes the non-hunting public in the                                                                      
direction of an anti-hunting public.  The State gets a black eye,                                                               
business suffers and, for example, in 1992 it cost many millions of                                                             
dollars in Alaska trip cancellations because of wolf control                                                                    
programs.  Hunting was put in a very bad light.                                                                                 
                                                                                                                                
MR. WALLEN said we have been through this cycle more than enough                                                                
times.  He has heard this issue criticized as "ballot box biology."                                                             
In truth, some issues including this one transcend biology.  For                                                                
example, in the early days Alaska paid bounties on almost 100,000                                                               
bald eagles.  It's not a proud record, but there was no biological                                                              
reason against killing some of the eagles.  Fortunately, public                                                                 
sentiment against the practice, for reasons that transcend biology                                                              
finally prevailed and Alaska's practice of paying bounties on the                                                               
national bird was discontinued.                                                                                                 
                                                                                                                                
More than 100 years ago, hunters began addressing the area between                                                              
areas that might be biologically permissible, but unacceptable to                                                               
the public, in order to protect their sport.  They developed a code                                                             
of ethics, the idea of fair chase.  Airborne hunting breaches this                                                              
code and is clearly offensive to the public.  The airborne hunting                                                              
initiative was not a hunter versus non-hunter issue.  Indeed, most                                                              
of the Steering Committee were hunters.  He studied the printouts                                                               
that Mr. Bennett provided the committee and they proved not to be                                                               
urban versus rural, as was predicted before the initiative was                                                                  
introduced, and they proved not to be native versus non-native, nor                                                             
were they region versus region.  Rather, the general public,                                                                    
including the Anchorage housewife, still has a notion that it has                                                               
a say in wildlife management.  He thought this initiative was a                                                                 
strong expression by the public and shouldn't be carelessly                                                                     
dismantled.                                                                                                                     
                                                                                                                                
One other thought he had, which Mr. Bennett covered, was on the                                                                 
matter of disease or parasite related biological emergencies and                                                                
clearly that exception should be made.  That was the intent of the                                                              
sponsors of the initiative.                                                                                                     
                                                                                                                                
Number 520                                                                                                                      
                                                                                                                                
MR. BILL HAGAR, Alaska Wildlife Conservation Association, supported                                                             
SB 74 saying that there was a 40 percent decrease in the moose                                                                  
population due to predation, including wolves and bears.  He said                                                               
they are close to testing this law.                                                                                             
                                                                                                                                
CHAIRMAN HALFORD announced that concluded the public hearing.                                                                   
                                                                                                                                
SENATOR TAYLOR moved to pass SB 74 and the $0 fiscal note from                                                                  
committee with individual recommendations.  There were no                                                                       
objections and it was so ordered.                                                                                               
                                                                                                                                
SENATOR TAYLOR added that this would just provide the Department                                                                
with an additional tool for those situations that the Department in                                                             
their expertise feels is necessary to utilize a more efficient                                                                  
method of correcting a management problem.                                                                                      
                                                                                                                                
CHAIRMAN HALFORD adjourned the meeting at 4:06 p.m.                                                                             

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