SB 257 am - TAKING FISH OR GAME FOR PUBLIC SAFETY  Number 352 CO-CHAIRMAN GREEN announced that SB 257 am was the next bill to be heard. Number 371 GORDON WILLIAMS, Legislative Assistant to Senator Fred Zharoff, testified that SB 257 amended was introduced by Senator Zharoff in response to a lot of problems expressed by individuals throughout his district about habituated bears in communities which was affecting people's feeling of safety. Additionally, it was felt that the defense of life and property laws were not addressing the situation with the habituated animals. Senator Zharoff met with the Department of Fish & Game and the Board of Game last fall and through those discussions, it was determined that at this point neither the department nor the board had the clear authority to make regulations for the taking of fish or game for public safety reasons. Number 474 MR. WILLIAMS explained that Section 1 of the bill provides that the commissioner of the Department of Fish & Game can authorize the taking of fish or game for public safety reasons. Section 2 addresses the Board of Game's authority in this area. In December, Senator Zharoff addressed the Board of Game and the Attorney General's Office was also present to notify the board that they probably had never had the authority to make regulations for public safety, clearly did not have it, probably couldn't adopt the regulations that were before them at that meeting and probably didn't have the authority to do some of the things they had done in the past including defense of life and property, hunter education classes, taking birds around airports and those types of things that are done for public safety reasons. The Attorney General's Office advised the board they needed to addressed the issue and out of that came this legislation. Number 563 CO-CHAIRMAN BILL WILLIAMS made a motion to pass SB 257 amended from committee with individual recommendations. CO-CHAIRMAN GREEN commented the committee had heard this bill previously; however, not all the members were present. He asked if there was further discussion. Number 579 REPRESENTATIVE JOHN DAVIES referred to Section 1 and asked Mr. Williams if there would be some consideration to alternate means rather than disposing of the animal. MR. WILLIAMS responded they envision the department working with the board to establish criteria for how this will be implemented. That will be done through a public process to establish steps that a community or group would go through to contact the department and explain what they have done to alleviate the habituated bear, moose or whatever. He noted that Haines has put together a community policy on exactly what needs to be done and he foresees something along those guidelines but it would be developed along with the board. While there's been no opposition to this bill, individuals have expressed concern in that they don't want this bill viewed as relieving the community responsibility for not attracting animals in the first place. Those things need to be addressed on a continuing basis to remove the attractions for the animals; however, when the animals are clearly habituated, he thinks this is a needed tool. Number 709 REPRESENTATIVE OGAN asked what methodology would be in place to ensure that this wasn't abused. The way he interpreted the statute was for example, if there was a problem with birds at an airport, as we've had recently, you could technically blast the birds, take eggs or whatever. He asked if that was a fair interpretation of the statute? MR. WILLIAMS said it is envisioned that both the board and department would establish the criteria. He noted the board has done some things with regard to birds, but they're being told now that they never clearly had the authority to implement regulations for public safety so they can't do that type of thing unless it's clarified in statute that they have those powers. Number 808 CO-CHAIRMAN WILLIAMS made a motion to pass SB 257 am out of committee with individual recommendations. Hearing no objection, it was so ordered.