SB 257 am - TAKING FISH OR GAME FOR PUBLIC SAFETY Number 1547 CO-CHAIRMAN WILLIAMS announced the committee would address SB 257 am, "An Act relating to the taking of game or fish for public safety purposes." GORDY WILLIAMS, Legislative Assistant to Senator Fred Zharoff, Alaska State Legislature, came before the committee to explain SB 257 am. He informed the committee SB 257 was introduced in response to numerous complaints from communities throughout Senator Zharoff's district about problems primarily with problem bears. There are habituated bears within communities that are causing a lot of uncertainty to residents. Mr. Williams said it was not clear on the authority on how these problems should best be taken care of. He pointed out there are rules on the books for defense of life and property, but often it was thought by these communities that there should be a better way to deal with a truly habituated animal rather than waiting for a chance of tragedy in a defense of life and property situation. MR. WILLIAMS said Senator Zharoff met with the department and the Board of Game last fall to address these concerns. Through those discussions, it became apparent that the department didn't have authority to authorize this. He said "At the meeting, he went to talk to the Board of Game at -- the Attorney Generals Office happened to be there to inform the Board of Game that actually they'd had never had the authority to adopt regulations for public safety either, or never had the clear authority." MR. WILLIAMS explained Section 1 of the bill authorizes the the commissioner of the Department of Fish and Game to authorize the taking of fish or game for public safety. Section 2 refers to the authority or the powers of the Board of Game to enact regulations regarding taking of fish or game for public safety. Section 1 would deal with the way the community would be able to contact the department and work out a method to take a bear or whatever problem animal was the topic. Section 2 refers to the Board of Game's role in this. Mr. Williams said it is his anticipation that the department would work with the Board of Game and the public through a process to come up with the criteria that would be involved. So if there was a problem in a rural community, there would be some criteria to follow and a method so that the commissioner would be able to make a decision on whether or not an animal could be taken for public safety reasons. MR. WILLIAMS referred to Section 2. He said the Board of Game has, over the years, adopted numerous regulations. Even the defense of life and property regulation is a taking for public safety regulation which comes into question with the Department of Law's interpretation that they didn't have that authority. He referred to requiring hunter education classes before hunting and said he thinks there is an area in Anchorage where a hunter education class is required before hunters can go out and hunt in that area. The taking of birds around airports is a public safety measure. It is not clear that the board had authority and has currently has authority to adopt those kinds of measures. MR. WILLIAMS informed the committee members the bill hasn't had opposition while it has been moving through the process. He noted there is a letter in the committee member's files from the Department of Fish and Game that makes a reference to the village public safety officer - the VPSO (village public safety officer) program that could be used in some of the areas for the taking. That caused concern with the Department of Public Safety because those officers are not allowed to currently carry weapons. If you were going to get into that, it kind of opens up an area of liability. Mr. Williams said that wasn't their intent, but it is their belief that they could be involved in the process, but probably would not be involved in the actual taking on official duty as it could open up another area for the department. The VPSO could have a role in helping to identify the habituated animals and work with the department to come up with a solution. MR. WILLIAMS said other concerns he has heard on the bill are that people don't want the communities to not address what caused the bears to become habituated. Often it's a problem around a land fill or other attractions for these bears. He noted the bill is not a "cure all" by any means. We need to also deal with the attractions to try and break the cycles. He said he would be happy to answer questions. Number 1758 WAYNE REGELIN, Director, Division of Wildlife Conservation, Department of Fish and Game, indicated the department is in support of support of SB 257 am. CO-CHAIRMAN GREEN asked Mr. Regelin if the department currently takes care of areas where people have a problem with bear sightings or unusual activities. MR. REGELIN indicated that is correct. In areas where they have staff, there are no real problems. They destroy the animal or capture it and move it. Out in rural areas where they don't have staff, this will give the department the opportunity to delegate authority to an individual in the community to take care of the problem without worrying about getting in trouble with the law. Mr. Regelin said it will make it clear that a person won't get sued by somebody that doesn't want anything to ever die. Number 1850 CO-CHAIRMAN WILLIAMS said he lives in Saxman where there are a lot of bears. They need something there. He noted the department comes out there often and sets bear traps, but it doesn't always work in trying to get the bears to come into the traps. He said they have since they have closed the land fill. Co-Chairman Williams discussed a situation where a bear had been relocated and it has made its way back to Saxman. He said he believes the bill is a good bill. MR. REGELIN said he agrees it doesn't solve all the problems. In Ketchikan, it is going to take some time for the problem to be solved. He noted the department is under lots of pressure to move the bears rather than to destroy them. They are given one chance and if they come back, they have to be destroyed. Number 1925 CO-CHAIRMAN WILLIAMS asked if there was any further people to testify. There being none, he closed the public hearing on SB 257 am.