ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         April 16, 2004                                                                                         
                           3:36 p.m.                                                                                            
                                                                                                                                
TAPE(S) 04-40                                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Scott Ogan, Chair                                                                                                       
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Fred Dyson                                                                                                              
Senator Ralph Seekins                                                                                                           
Senator Ben Stevens                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Kim Elton                                                                                                               
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING:                                                                                                         
Board of Fisheries                                                                                                            
Mr. Robert Heyano - Dillingham                                                                                                  
Mr. Art Nelson - Anchorage                                                                                                      
                                                                                                                                
SENATE BILL NO. 297                                                                                                             
"An Act relating to the taking of black bear, brown bear, and                                                                   
grizzly bear and to registration of big game guides for certain                                                                 
guide use areas."                                                                                                               
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 409(FSH)                                                                                                  
"An Act relating to the maximum length of salmon seine vessels;                                                                 
and providing for an effective date."                                                                                           
                                                                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 297                                                                                                                  
SHORT TITLE: BEAR HUNTING/DISPOSAL OF HIDE/SKULL                                                                                
SPONSOR(s): SENATOR(s) SEEKINS                                                                                                  
                                                                                                                                
02/06/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/04       (S)       RES, FIN                                                                                               
03/17/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/17/04       (S)       Heard & Held                                                                                           
03/17/04       (S)       MINUTE(RES)                                                                                            
04/02/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/02/04       (S)       Heard & Held                                                                                           
04/02/04       (S)       MINUTE(RES)                                                                                            
04/07/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/07/04       (S)       -- Rescheduled to 4 pm 04/07/04 --                                                                     
04/14/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/14/04       (S)       Heard & Held                                                                                           
04/14/04       (S)       MINUTE(RES)                                                                                            
04/16/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 409                                                                                                                  
SHORT TITLE: SEINE VESSEL LENGTH                                                                                                
SPONSOR(s): REPRESENTATIVE(s) WILLIAMS BY REQUEST OF SALMON                                                                     
INDUSTRY TASK FORCE                                                                                                             
                                                                                                                                
01/28/04       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/28/04       (H)       FSH, RES                                                                                               
02/09/04       (H)       FSH AT 9:00 AM CAPITOL 124                                                                             
02/09/04       (H)       Heard & Held                                                                                           
02/09/04       (H)       MINUTE(FSH)                                                                                            
02/16/04       (H)       FSH AT 9:00 AM CAPITOL 124                                                                             
02/16/04       (H)       Moved CSHB 409(FSH) Out of Committee                                                                   
02/16/04       (H)       MINUTE(FSH)                                                                                            
02/18/04       (H)       FSH RPT CS(FSH) 3DP 4NR                                                                                
02/18/04       (H)       DP: WILSON, HEINZE, GUTTENBERG;                                                                        
02/18/04       (H)       NR: GARA, OGG, SAMUELS, SEATON                                                                         
02/18/04       (H)       RES AT 1:00 PM CAPITOL 124                                                                             
02/18/04       (H)       Moved CSHB 409(FSH) Out of Committee                                                                   
02/18/04       (H)       MINUTE(RES)                                                                                            
02/19/04       (H)       RES RPT CS(FSH) 5DP 1DNP 2NR                                                                           
02/19/04       (H)       DP: STEPOVICH, HEINZE, KERTTULA,                                                                       
02/19/04       (H)       GUTTENBERG, MASEK; DNP: WOLF;                                                                          
02/19/04       (H)       NR: LYNN, GATTO                                                                                        
02/26/04       (H)       TRANSMITTED TO (S)                                                                                     
02/26/04       (H)       VERSION: CSHB 409(FSH)                                                                                 
02/27/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/04       (S)       L&C, RES                                                                                               
03/11/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/11/04       (S)       <Above Bill Hearing Postponed>                                                                         
03/23/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/23/04       (S)       Heard & Held                                                                                           
03/23/04       (S)       MINUTE(L&C)                                                                                            
03/30/04       (S)       L&C AT 1:30 PM BELTZ 211                                                                               
03/30/04       (S)       Moved CSHB 409(FSH) Out of Committee                                                                   
03/30/04       (S)       MINUTE(L&C)                                                                                            
03/31/04       (S)       L&C RPT 1DP  3NR                                                                                       
03/31/04       (S)       NR: BUNDE, STEVENS G, FRENCH;                                                                          
03/31/04       (S)       DP: DAVIS                                                                                              
04/14/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Robert Heyano and Mr. Art Nelson, nominees to the Board of                                                                  
Fisheries                                                                                                                       
                                                                                                                                
Mr. Ron Rainey                                                                                                                  
Kenai River Sportfishing Association, Inc.                                                                                      
POSITION STATEMENT: Supports Robert Heyano and Art Nelson for                                                                 
Board of Fisheries.                                                                                                             
                                                                                                                                
Mr. Steve McClure, President                                                                                                    
Kenai River Professional Guides Association                                                                                     
POSITION STATEMENT: Supports Robert Heyano and Art Nelson for                                                                 
Board of Fisheries.                                                                                                             
                                                                                                                                
Mr. Joe Hanes                                                                                                                   
Soldotna AK                                                                                                                     
POSITION STATEMENT: Supports Art Nelson for Board of Fisheries.                                                               
                                                                                                                                
Ms. Rondi McClure                                                                                                               
Soldotna AK                                                                                                                     
POSITION STATEMENT: Supports Mr. Nelson for Board of Fisheries.                                                               
                                                                                                                                
Mr. Ed Dersham, Chairman                                                                                                        
Alaska Board of Fisheries                                                                                                       
POSITION STATEMENT: Supports both Mr. Nelson and Mr. Heyano for                                                               
the Board of Fisheries.                                                                                                         
                                                                                                                                
Mr. John Jensen, Member                                                                                                         
Board of Fisheries                                                                                                              
Petersburg AK                                                                                                                   
POSITION STATEMENT: Supports Mr. Nelson and Mr. Heyano of Board                                                               
of Fisheries.                                                                                                                   
                                                                                                                                
Mr. Tim Barry                                                                                                                   
Staff to Representative Bill Williams                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on HB 409 for the sponsor.                                                                      
                                                                                                                                
Mr. Matt Robus, Director                                                                                                        
Division of Wildlife Conservation                                                                                               
Department of Fish & Game                                                                                                       
PO Box 25526                                                                                                                    
Juneau, AK  99802-5226                                                                                                          
POSITION STATEMENT: Commented on SB 297.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-40, SIDE A                                                                                                            
                                                                                                                                
CHAIR SCOTT  OGAN called the Senate  Resources Standing Committee                                                             
meeting  to  order at  3:36  p.m.  Present were  Senators  Thomas                                                               
Wagoner, Ben Stevens,  Fred Dyson, Ralph Seekins  and Chair Scott                                                               
Ogan. Senators Georgianna Lincoln and  Kim Elton were excused. He                                                               
announced that  confirmation hearings for the  Board of Fisheries                                                               
would be the first order of business.                                                                                           
                                                                                                                              
^CONFIRMATION HEARING                                                                                                       
^BOARD OF FISHERIES                                                                                                         
                                                                                                                                
CHAIR OGAN said  that he would hear first from  Robert Heyano and                                                               
asked him why he wanted to serve.                                                                                               
                                                                                                                                
MR. ROBERT HEYANO, Dillingham, said  he had been on the Fisheries                                                               
Advisory Committee for 20 years and  served as chair for 10 years                                                               
and currently  has a sport  fish camp  on the Nushigak  River. He                                                               
felt this is an opportunity for him to be part of the process.                                                                  
                                                                                                                                
CHAIR OGAN noted  that there were no questions and  said that the                                                               
biggest  area  of  contention  on   the  Board  of  Fisheries  is                                                               
allocation of  the resources and  that Mr. Heyano had  both sport                                                               
and commercial use experience. However,  he noted that Mr. Heyano                                                               
is also  on the  Federal Subsistence  Bristol Bay  Rural Advisory                                                               
Council and  asked if he  would have to  resign from that  if his                                                               
appointment to the board was confirmed.                                                                                         
                                                                                                                                
MR. HEYANO said he didn't know and would have to check on that.                                                                 
                                                                                                                                
SENATOR THOMAS  WAGONER commented  that belonging to  an advisory                                                               
council would be okay.                                                                                                          
                                                                                                                                
CHAIR OGAN asked Mr. Art Nelson to comment on his appointment.                                                                  
                                                                                                                                
MR. ART NELSON,  Board of Fisheries, said since  he was appointed                                                               
earlier last  year he  has enjoyed serving.  He liked  having the                                                               
opportunity of going  around the state area by  area and learning                                                               
the ins and outs of all the fisheries.                                                                                          
                                                                                                                                
SENATOR WAGONER said  HB 409 would give the  board the discretion                                                               
to change the length of seine  vessels from 58 ft. and asked what                                                               
he thought about that.                                                                                                          
                                                                                                                                
MR. NELSON  replied that it  is up  to the Legislature  to decide                                                               
what  kind  of  authority  it  wants to  give  to  the  Board  of                                                               
Fisheries. But, he thought it would  be a good item to loosen the                                                               
statutory reins on.                                                                                                             
                                                                                                                                
     We  might  want  to  look  at  it  on  an  area-by-area                                                                    
     basis.... With the situation in  the fisheries now, the                                                                    
     vessel size  limit is  one of  the most  commonly cited                                                                    
     things that  is limiting people's efficiency  and their                                                                    
     ability to take care of  fish by putting in RSW systems                                                                    
     or freezing onboard. I would support that.                                                                                 
                                                                                                                                
SENATOR SEEKINS asked  Mr. Nelson where he fit in  terms of being                                                               
an adjunct of the administration or the legislature.                                                                            
                                                                                                                                
MR.  NELSON replied  that he  brings his  own experiences  to the                                                               
Board of  Fisheries and doesn't  think in terms of  aligning with                                                               
either one.                                                                                                                     
                                                                                                                                
SENATOR  SEEKINS clarified  his question  further saying  that he                                                               
wanted  to  know  if  he  thought  the  board  was  under  either                                                               
administrative or legislative authority.                                                                                        
                                                                                                                                
MR.  NELSON  replied that  obviously  the  board has  to  operate                                                               
within constitutional and statutory  authority that is awarded to                                                               
it.                                                                                                                             
                                                                                                                                
CHAIR OGAN  noted there  were no further  questions and  said the                                                               
committee  wouldn't  make a  recommendation  for  or against  the                                                               
nominees, but  would forward their  names to a joint  session for                                                               
consideration.                                                                                                                  
                                                                                                                                
MR.  RON  RAINEY,  Kenai  River  Sportfishing  Association,  Inc.                                                               
supported Robert  Heyano, because  he is  a commercial  and sport                                                               
fisherman and is a subsistence  user. He represents a broad range                                                               
of user groups  and could be fair. He has  observed Mr. Nelson at                                                               
several meetings and he has appeared to be fair also.                                                                           
                                                                                                                                
Mr.  Steve McClure,  President, Kenai  River Professional  Guides                                                               
Association (KRPGA), said:                                                                                                      
                                                                                                                                
     First,  let  me say  that  the  KRPGA has  nothing  but                                                                    
     respect and  admiration for the  effort, work  and time                                                                    
     Art Nelson has given to  the Board of Fish. Although at                                                                    
     times  we  have  been  on different  sides  on  various                                                                    
     issues,  we  have  found  him  to  be  extremely  fair,                                                                    
     unbiased  and above  all  professional  in his  actions                                                                    
     before the Board of Fish....                                                                                               
                                                                                                                                
     Second,  although  we  have had  no  dealing  with  Mr.                                                                    
     Heyano, we feel it is vital  to the makeup of the Board                                                                    
     of  Fish  that we  have  some  representation from  the                                                                    
     Bristol Bay region and in  Kenai, we have heard nothing                                                                    
     but  good.... KRPGA  would  like to  say  that we  also                                                                    
     support Mr. Heyano for confirmation to the board.                                                                          
                                                                                                                                
MR.  REUBEN   HANKE,  Kenai,   said  he   owns  and   operates  a                                                               
sportfishing  guide business  on  the Kenai  River and  supported                                                               
both Mr. Nelson and Mr. Heyano.                                                                                                 
                                                                                                                                
MR. JOE HANES said he is a board  member of the KRPGA and a newly                                                               
appointed member  of the KRISMA  working group on  guiding issues                                                               
on the  Kenai. He endorsed  Mr. Nelson's appointment  saying that                                                               
he had found him to be innovative and extremely fair.                                                                           
                                                                                                                                
MS.  RONDI MCCLURE,  Board  member of  the  Kenai River  Property                                                               
Owner's  Association,  said  she  had never  heard  any  negative                                                               
comments about Mr. Heyano or Mr. Nelson.                                                                                        
                                                                                                                                
MR. ED  DERSHAM, Chairman, Alaska  Board of  Fisheries, supported                                                               
both  Art Nelson  and  Robert  Heyano for  the  board. He  worked                                                               
extensively with  Mr. Heyano for  many years  and he has  shown a                                                               
tremendous   amount  of   fairness   and  deliberativeness   with                                                               
addressing the board  and was sure those assets  would carry over                                                               
with him as a member of the board.                                                                                              
                                                                                                                                
MR. JOHN JENSEN,  Board of Fisheries member,  echoed the comments                                                               
of other speakers in support of Mr. Nelson and Mr. Heyano.                                                                      
                                                                                                                                
SENATOR WAGONER moved  to forward Mr. Heyano's  nomination to the                                                               
joint bodies of the legislature. There were no objections.                                                                      
                                                                                                                                
4:01 - 4:02 - at ease                                                                                                           
                                                                                                                                
                   HB 409-SEINE VESSEL LENGTH                                                                               
                                                                                                                                
CHAIR SCOTT OGAN announced HB 409 to be up for consideration.                                                                   
                                                                                                                                
SENATOR THOMAS  WAGONER wanted  to let  the committee  know about                                                               
the concerns of the United  Cook Inlet Drift Association (UCIDA),                                                               
which asked to have its statement read into the record.                                                                         
                                                                                                                                
      The following are some of the issues that UCIDA has                                                                       
     with this legislation:                                                                                                     
                                                                                                                                
        1. The upper size limit - Is this going to be open-                                                                     
          ended? [If] seiners  get larger, 70 -  80 ft., the                                                                    
          hold also gets larger.  The larger the vessel, the                                                                    
          easier they  can fish in rougher  waters. How much                                                                    
          larger and longer are they going to get?                                                                              
        2. The potential for a super seiner to intercept                                                                        
          fish bound  for other  areas increases  with their                                                                    
          size increases. Right now they  can fish the capes                                                                    
          off  of Kodiak  and have  the ability  to fish  in                                                                    
          quite rough water and intercept  a lot of the fish                                                                    
          bound for Cook Inlet and  even into the upper Cook                                                                    
          Inlet.                                                                                                                
        3. The Board of Fish should take into account all                                                                       
          related  seine regulations  at the  same time  new                                                                    
          seine boat lengths are under consideration.                                                                           
        4. They didn't want to ever see the Board of Fish                                                                       
          start  considering drum  seiners. They  are pretty                                                                    
          efficient when it comes to  not only seining fish,                                                                    
          but seining just about every fish.                                                                                    
        5. They feel it would be necessary to have guideline                                                                    
          harvest limits placed on  these seiners to prevent                                                                    
          interception of salmon bound for other regions.                                                                       
                                                                                                                                
CHAIR OGAN said he shared some  of those same concerns. He didn't                                                               
know how long a seiner could get and alluded to a 200-footer.                                                                   
                                                                                                                                
SENATOR WAGONER said that includes two helicopters.                                                                             
                                                                                                                                
CHAIR  OGAN said  he  heard the  justification  for changing  the                                                               
seine  boat  length   was  that  fishermen  wanted   to  do  more                                                               
processing to  enhance fish quality  and things like  that, which                                                               
he didn't  have a problem  with. But he  did have a  problem with                                                               
super seiners  that would go  out and literally  scoop everything                                                               
up.                                                                                                                             
                                                                                                                                
SENATOR  BEN STEVENS  noted that  super seiners  operate in  blue                                                               
water,  sometimes  100  miles  offshore.  Finfish  rules  prevent                                                               
harvest of salmon  outside of territorial waters.  The reality of                                                               
a  large vessel  like  that operating  in Alaska  is  not in  the                                                               
realm.  He has  no objection  to  the bill  and said  it is  well                                                               
thought out.                                                                                                                    
                                                                                                                                
SENATOR SEEKINS  added his  concern, which is  that the  Board of                                                               
Fish  process,  while it  is  a  process,  is not  democratic.  A                                                               
petition gets the issue before  the board and only certain people                                                               
can testify before it. The guy  with less resources and less time                                                               
who  is busy  feeding his  family at  the time  can't get  to the                                                               
meeting, wherever it may be and he may be left behind.                                                                          
                                                                                                                                
CHAIR OGAN asked  the sponsor's staff if he would  be amenable to                                                               
putting more parameters on the seiner length.                                                                                   
                                                                                                                                
MR. TIM  BARRY, staff to  Representative Bill Williams,  said the                                                               
Salmon  Task Force  suggested this  measure.  What authority  the                                                               
Board  of Fisheries  should  have has  been  discussed. The  main                                                               
reason this came out is because  it is the only length limit that                                                               
is  statutory. He  didn't  think the  bill's  sponsor would  feel                                                               
comfortable amending  this legislation,  but he would  accept any                                                               
guidance the legislature could give to the board.                                                                               
                                                                                                                                
SENATOR SEEKINS  said he believes  the allocative  process should                                                               
be a  legislative process, not  administrative.   The legislature                                                               
has given  to the Board  of Fisheries  a huge burden  in deciding                                                               
most boat lengths. In that respect,  his concern is that the boat                                                               
length could change at the expense of some other fishery.                                                                       
                                                                                                                                
CHAIR OGAN  said that enough  concern had been expressed  that he                                                               
wanted to hold the bill over.                                                                                                   
                                                                                                                                
SENATOR DYSON said he thought  it was bizarre for any legislative                                                               
body to  be designing  boats. "I have  confidence that  the board                                                               
would do  good work and if  they stray off the  reservation, they                                                               
will make a course correction after a while...."                                                                                
                                                                                                                                
SENATOR BEN  STEVENS said  this is one  of the  first suggestions                                                               
that came  forth from  a certain  sector of  the industry  in the                                                               
first year  of the task force.  It has had a  considerable amount                                                               
of discussion and deliberation.                                                                                                 
                                                                                                                                
     It  was  originally  put  in  place  to  prevent  large                                                                    
     seiners  coming  up from  the  Lower  48 and  going  to                                                                    
     multiple fishery  areas, because the bigger  vessel had                                                                    
     the ability  to travel a  distance around the  state to                                                                    
     fish.... As a result of  this law, [there] was a single                                                                    
     area  registration for  the vessel  so that  the larger                                                                    
     vessel couldn't move from one  part of the state to the                                                                    
     other.  We just  said if  you're going  to fish  in one                                                                    
     area, that's where  you're going to fish  that boat. We                                                                    
     still  have  the  single   area  registration  for  the                                                                    
     vessel.  We did  do a  piece that  said you  can be  an                                                                    
     individual and move  from one fishery to  the next, but                                                                    
     you can't  take your boat...  This law has been  on the                                                                    
     books  since statehood  and it's  never been  modified;                                                                    
     it's never  been changed.  A lot of  us have  a concern                                                                    
     about it.                                                                                                                  
                                                                                                                                
                                                                                                                                
TAPE 04-40, SIDE B                                                                                                            
                                                                                                                                
SENATOR SEEKINS said this bill just removes the legislative                                                                     
restriction:                                                                                                                    
                                                                                                                                
     But don't  believe that  just because  this legislative                                                                    
     restriction  has  been  removed, that  the  legislature                                                                    
     isn't a  court of last appeal,  so to speak, if  you go                                                                    
     hog wild and  don't do things in a  just manner.... I'm                                                                    
     willing to  take that risk,  because it is  the process                                                                    
     even though  I have  some question about  the decisions                                                                    
     that are made from time to time.                                                                                           
                                                                                                                                
4:32 to 4:33 - at ease                                                                                                          
                                                                                                                                
                                                                                                                              
           SB 297-BEAR HUNTING/DISPOSAL OF HIDE/SKULL                                                                       
                                                                                                                                
CHAIR SCOTT OGAN announced SB 297 to be up for consideration.                                                                   
                                                                                                                                
SENATOR THOMAS WAGONER moved to adopt CSSB 297(RES), version \X.                                                                
                                                                                                                                
CHAIR OGAN objected for discussion purposes. He explained that                                                                  
on page 2 there's a lot of concern.                                                                                             
                                                                                                                                
     There  has been  testimony from  the Department  of Law                                                                    
     that allowing  non-resident hunters  to hunt  without a                                                                    
     guide  may  compromise   the  safety  requirements  for                                                                    
     requiring a  guide for dangerous game  like bears. This                                                                    
     is  not a  hunt; this  is a  bear predation  management                                                                    
     program. So, it is not a hunt.                                                                                             
                                                                                                                                
CHAIR OGAN said that language on  page 2, line 19, added "and has                                                               
taken big  game in the  state during  at least one  calendar year                                                               
and who  has obtained  a hunter  safety certificate  issued under                                                               
(f) of  this section"  to require the  person has  legally hunted                                                               
big game already in at least  two calendar years. He thought this                                                               
went a long way to address safety concerns.                                                                                     
                                                                                                                                
SENATOR WAGONER  asked how  a person would  prove that  they have                                                               
legally  hunted  big  game  in  the state  during  at  least  two                                                               
calendar years.                                                                                                                 
                                                                                                                                
CHAIR  OGAN replied  that they  would have  to sign  an affidavit                                                               
saying that  they have done it.  It is a misdemeanor  if they lie                                                               
about it. "There's a certain amount of trust factor in it...."                                                                  
                                                                                                                                
He said the next change is  on page 3, section (f), that provides                                                               
the hunter  safety course. He  asked Mr. Robus if  the department                                                               
would have the authority to require a safety course.                                                                            
                                                                                                                                
MR.  MATT ROBUS,  Director,  Division  of Wildlife  Conservation,                                                               
answered  that  he  has  the   authority  to  provide  reasonable                                                               
training for  people who are going  to go out and  deal with wild                                                               
animals, especially big game.                                                                                                   
                                                                                                                                
CHAIR OGAN  said the  next change  is on page  3, line  29, which                                                               
increases the  fee to  $250 when the  department seals  the bear.                                                               
"So, there's no money up front,  but if you get one, you're going                                                               
to pay a  couple bucks. That should more than  offset the cost of                                                               
doing the training."                                                                                                            
                                                                                                                                
He indicated that  Mr. Robus nodded when he said  the fiscal note                                                               
is zero.                                                                                                                        
                                                                                                                                
SENATOR  SEEKINS  continued explaining  the  CS  saying that  all                                                               
references  to  this  program  are  changed  to  "bear  predation                                                               
management permit".  Military people  who want to  accompany have                                                               
the same requirement to be consistent with the rest of the bill.                                                                
                                                                                                                                
SENATOR SEEKINS moved conceptual Amendment 1.                                                                                   
                                                                                                                                
CHAIR OGAN objected to discuss where it would be inserted.                                                                      
                                                                                                                                
SENATOR WAGONER noted that they hadn't adopted the CS, yet.                                                                     
                                                                                                                                
SENATOR SEEKINS recognized that and withdrew his motion.                                                                        
                                                                                                                                
CHAIR  OGAN maintained  his objection  to the  CS and  then noted                                                               
there were  no further objections  and CSSB 297(RES),  version X,                                                               
was adopted.                                                                                                                    
                                                                                                                                
SENATOR SEEKINS  moved conceptual Amendment 1.  He explained that                                                               
it  instructs the  Board of  Game  to implement  the methods  and                                                               
means necessary  to effectively  carry out  the purposes  of bear                                                               
predator management.                                                                                                            
                                                                                                                                
MR. ROBUS acknowledged  the work that went into this  bill in two                                                               
days and  he thought the  CS took care  of the issues  he brought                                                               
forward before.  He didn't have  a problem with  language stating                                                               
the department and the board  shall apply the appropriate methods                                                               
in  areas  where  bear  populations  are deemed  to  have  to  be                                                               
decreased.                                                                                                                      
                                                                                                                                
     This does now  form something that is  analogous to the                                                                    
     wolf control  statute and regulations and  the findings                                                                    
     that come under those regulations.  Now I see the board                                                                    
     being  able  to  rather smoothly  incorporate  anything                                                                    
     that  has to  be taken  care of  in the  multi-predator                                                                    
     system  can   be  dealt   with  through   one  predator                                                                    
     management plan.                                                                                                           
                                                                                                                                
CHAIR OGAN  removed his objection to  Amendment 1. He left  it up                                                               
to the drafter to put the language in the appropriate place.                                                                    
                                                                                                                                
SENATOR SEEKINS  asked Mr. Robus  if he thought "the  board shall                                                               
authorize and department  shall implement" would be  more in line                                                               
with what the line of authority should be.                                                                                      
                                                                                                                                
MR. ROBUS replied that is a good point.                                                                                         
                                                                                                                                
     In  the wolf  predation  control  programs we're  doing                                                                    
     now,  we are  implementing  in the  sense  that we  are                                                                    
     managing  the  permits.   Certainly,  implementing  the                                                                    
     permit part  of the program is  a departmental function                                                                    
     and perhaps  kind of the combination  language you just                                                                    
     said is better.                                                                                                            
                                                                                                                                
SENATOR SEEKINS moved to amend Amendment 1 to read:                                                                             
                                                                                                                                
     The  board shall  authorize  and  the department  shall                                                                    
     implement whatever methods and means deemed necessary.                                                                     
                                                                                                                                
There  were no  objections and  Amendment 1  was amended  for the                                                               
first time.                                                                                                                     
                                                                                                                                
SENATOR SEEKINS said that this  legislature now sits and observes                                                               
what  the Board  of Game  does and  still has  the right,  if the                                                               
methods  and  means  are  not   authorized  and  implemented,  to                                                               
effectively reduce  the bear populations  in identified  areas to                                                               
give it legislative direction.                                                                                                  
                                                                                                                                
CHAIR OGAN noted that there were no further comments.                                                                           
                                                                                                                                
SENATOR SEEKINS moved to pass  CSSB 297(RES), from committee with                                                               
attached zero  fiscal note. There  were no objections and  it was                                                               
so ordered.  There being no  further business to come  before the                                                               
committee, he adjourned the meeting at 4:50 p.m.