The 2nd meeting of the Subcommittee on Natural Resources of the Interim Joint Committee on Agriculture and Natural Resources was held on Friday, September 9, 2005, at 8:00 AM, in the E.S. Good Barn at the University of Kentucky. Senator Ernie Harris, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Ernie Harris, Co-Chair; Senators J Dorsey Ridley and Ernesto Scorsone; Representatives Hubert Collins and Brandon D Smith
Guests: Commissioner Jon Gassett, Department for Fish and Wildlife Resources; Sarah McCann, Commerce Cabinet; Eric Gregory, East Kentucky Power Cooperative; and Larry Turner, University of Kentucky.
LRC Staff: Hank Marks, Tanya Monsanto, and Kelly Blevins.
Chairman Harris called the meeting to order. The roll was called. A quorum was not established.
Commissioner Jon Gassett of the Department for Fish and Wildlife Resources presented a proposed legislative agenda for the 2006 General Session. He first identified the five top priority legislative proposals that he said would be each filed as a separate bill. They were as follows:
Consent legislation restricting license fee income to Fish and Wildlife Resources use;
Tax credits for conservation easements to protect species, species habitat, and to provide public assess;
Authority to distribute federal grant funds;
Authority by regulation to specify number of special permits (i.e., elk); and
proposed regulation notification requirements (not to include posting in all courthouses.
During this presentation he was asked by Rep. Smith if mitigation money could be used for easement purchases. Commissioner Gassett said yes, it will likely be limited to area mitigated. Rep. Smith and Commissioner Gassett discussed the need to develop more trust with large mining operators in order to obtain easements. He responding saying
Senator Scorsone asked about the details of how the tax credits could work. Commissioner Gassett identified several different ways it can be done in terms of other state's programs
Senator Scorsone then asked about how the value of land is determined for assigned a tax credit. Commissioner Gassett discussed the different ways in which the value of property can be determined
Senator Harris asked about what an elk permit allows a hunter to do, how many additional permits are intended and what the ultimate size of the elk heard is expected to be. Commissioner Gassett stated that initially the agency was only looking for an additional two permits but that having regulatory authority would allow an increase in permits as the herd increased. He said that eventually thousands of permits would be issued and the heard would number 8 to 10 thousand.
Senator Harris asked about the nuisance factor and vehicle accidents involving elk as the herd increases. Gassett said complaints peaked about year three and have since dropped off as residents have gotten used to their presence and understand the value they have to local communities
Rep Smith asked about the process of dealing with elk complaints. The Elk Foundation fund for dealing with complaints was discussed. Commissioner Gassett discussed electric fences that are sometimes installed to protect landowners. There is, he said, a resident technician to deal exclusively with addressing landowner problems with elk. He said complaints have dropped off.
Next, commissioner Gassett discussed a second priority of five legislative proposals which he said may be filed as an omnibus bill. They were:
Amending penalties to increase fines and offense status, especially in the areas of illegal animal importation;
Permit revocation (to revoke permits for violation of other state's laws);
Clarify the definition of farmland (10 acres) for the purpose of hunting without a license (noting that unlike last year's legislation fishing is not included;
Fish kill compensation (triple damages)
Land surveys (remove the $200,000 threshold requiring that the survey be bid out rather than done by agency personnel
During this portion of the presentation Senator Harris asked the Commissioner if the agency survey crews are licensed and if the agency intends to set a new dollar limit. Commissioner Gassett said yes they are licensed and that he would prefer not to have a dollar limit per se but to make the decision on a case-by-case basis.
Finally, the Commissioner identified the elements of an omnibus bill that represented a third priority. The elements of this bill will include:
Remove crows from list of non-protective species.(to comply with federal law);
Clarify that commercial guides are subject to the same privileges and limits as their clients;
Repeal of requirement for hunting preserve license
Creation of short term fishing license; and
Extend time for holding furs to allow for holding legally taken furs to be held until market prices;
Provide that federally-registered vessels be registered in Kentucky and that all boats docked in Kentucky in excess of 60 days be registered in Kentucky
After Commission Gassett's presentation Senator Harris asked if the agency would consider small tracts for conservation easements. Commission Gassett said yes, depending on the species and the relationship of the land to habitat and migration routes.
Senator Harris then asked how large the Mitigation Fund is. Commissioner Gassett said about $15 million.
Senator Harris asked when license fees might increase. Commissioner Gassett said agency anticipating increase in 2007. He said the last increase was in 2001. Senator Harris asked if legislation was required for this. Commissioner Gassett said he thought not but was not sure.
Senator Harris asked what was the overall budget of the agency. Commissioner Gassett said about $38 million and described some of his budget goals and priorities.
Senator Harris asked how many bills would be introduced by the agency. commissioner Gassett said the first five would be separate bills and the rest would be in rolled into an omnibus.
Senator Harris recognized the rescue and other work that agency personnel were doing on in New Orleans.
Senator Harris then introduced Dr. Larry Turner, Assistant Dean for Extension Services who welcomed the committee to UK and to the College of Agriculture
There being no further business the meeting was adjourned.