SOUTH DAKOTA LEGISLATIVE
RESEARCH COUNCIL

MINUTES



Hunting Issues Committee

Second Meeting     Room 412
August 19 & 20, 1997            State Capitol
1997 Interim        Pierre, South Dakota     

The second meeting of the interim Hunting Issues Committee was called to order by Chair Senator M. Michael Rounds at 9:07 a.m., August 19, 1997, in Room 412 of the State Capitol, Pierre, South Dakota.

The roll was called, and a quorum was established with the following members in attendance: Senators Robert Benson, H. Paul Dennert, Dick Hainje, and M. Michael Rounds; and Representatives Patricia de Hueck, Jay Duenwald, Richard Hagen, John Koskan, Garry Moore, Roger Schrempp, Orville Smidt, James Sperry, Kenneth Wetz, and Dana J. Windhorst. Representative Roger Lee was excused.

Staff members present during the meeting were: Reuben D. Bezpaletz, Chief of Research Analysis and Legal Services; David Becker, Senior Fiscal Analyst; and Teri Retrum, Senior Legislative Secretary.

A list of guests in attendance at the meeting is filed with the original minutes. All material distributed and written testimony received at the meeting is attached to the original minutes on file in the Legislative Research Council.

For the purpose of continuity, these minutes are not necessarily in chronological order.

Approval of Minutes

REPRESENTATIVE MOORE MOVED, SECONDED BY REPRESENTATIVE DUENWALD, THAT THE MINUTES OF THE FIRST MEETING (JUNE 12, 1997) BE APPROVED. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.

Opening Remarks

Chair M. Michael Rounds began the meeting by stating that the committee will continue its efforts to review and discuss what legislative options are available to improve hunting opportunities in South Dakota and to make those opportunities affordable to the state's citizens, while also being mindful of the importance of the concerns of the landowners in the state.

Survey of Hunting Issues in the Western States

Dr. Kausch Arha, Wildlife Resources Consultant, began his presentation with a slide program geared toward discussing hunting issues in seventeen western states. He said that non-federal lands are very significant to wildlife in western states. Philosophically, Dr. Arha stated that he believes that wildlife must remain in public ownership to be managed by the state. He said that the most important hunting issues are habitat and access. Dr. Arha said that he is a proponent of landowner incentives. The hunter must realize that hunting opportunities will become increasingly more limited without the landowner's cooperation and that the landowner should be rewarded and respected for habitat and access efforts. Dr. Arha listed technical assistance and cost-sharing for habitat enhancement, payment for habitat, payment for access, license allocation, tax incentives through conservation easements, and increased vigilance among ways to provide incentives to landowners. He suggested that the state determine the spatial distribution of access and habitat problems across the state and develop an analytical tool to measure the ecological and economical contribution of habitat on public lands and private lands. Oftentimes, landowners are asking for recognition even more than a monetary gain. The objective should be to maintain and enhance wildlife habitat on private lands and to maintain and enhance public access to private lands--find ways to make wildlife management a partnership enterprise among the landowner, the hunter, and the public. To encourage cost effectiveness, Dr. Arha suggested a streamlined process of application, review, and inspection. In summary, Dr. Arha recommended that an objective be laid out very clearly and that a comprehensive education program be developed to disseminate information.

Committee discussion ensued, and Dr. Arha responded to committee questions. Responding to Representative Garry Moore, Dr. Arha said that there is a wide range of emotions and opinions among individuals when it comes to the concept of giving money to landowners for access. He said that providing landowners with incentives will encourage those landowners to provide wildlife habitat and to allow hunters access to their private property. Dr. Arha stated: "Landowner incentive is the way to go to make sure that access and habitat remain on private land." Further responding to Representative Moore, Dr. Arha said that the game in the state is owned by the public; however, the public needs the private landowner to provide habitat for and access to that game. Senator Paul Dennert asked if this objective is achieved in New Mexico. Dr. Arha replied that it is difficult to say what is best for a certain state or whether a practice that works well in one state would work well in another. Dr. Arha said that even areas within a state can vary greatly, such as in South Dakota with the numerous distinctions that exist between East and West River. Representative Patricia de Hueck asked if there can be public access without enhanced habitat. Dr. Arha said that most often the two "go hand-in-hand." He said that when the "argument centers on what the landowner gets, the argument stops there, and cooperation becomes difficult."

Survey of Recent South Dakota Hunting Issues Legislation

Mr. David Becker, LRC, distributed copies of recent legislation dealing with hunting issues: SB 219-- An Act to revise the number of nonresident waterfowl licenses issued; HB 1057--An Act to provide for additional public waterfowl hunting access through the sale of additional nonresident waterfowl hunting licenses, to regulate certain commercial hunting activities, and to declare an emergency; SB 200--An

Act to provide for the issuance of big game licenses to certain landowners and operators free of charge; HB 1133--An Act to authorize the transfer of certain landowner preference big game licenses; and SB 137--An Act to authorize the transfer of certain big game hunting licenses. (All of the aforementioned legislation is compiled as one document and labeled Document #1.)

Responding to Senator Dennert's reference to SB 219, Mr. Doug Hansen, Department of Game, Fish and Parks, confirmed that all the out-of-state waterfowl hunting licenses have been sold for the upcoming season.

Commercial Hunting in South Dakota

Mr. Paul Nelson, Commercial Operator, Gettysburg, South Dakota, expressed his opinion that the shooting preserve industry is one of the more misunderstood industries. He asserted that "the industry is clean in South Dakota." Mr. Nelson related the background of his commercial hunting operation. He said that he employs "close to between 38 and 42 people." The employees are local workers, and Mr. Nelson said that he pays all of them at least fifty percent over the minimum wage. He said that the answer to the conflict between landowners and hunters is not an easy one and that the rhetoric should be toned down on both sides of the issue. Mr. Nelson said that his clients are frequently interested in obtaining a one-day permit to shoot a goose, which is not allowed in South Dakota. He asked the committee to discuss the possibility of changing that policy. Mr. Nelson said that his operation does not interfere with local access; and, in fact, he said that neighbors have thanked him for bringing the pheasants back to the area.

The committee recessed at 12:00 noon and reconvened at 1:15 p.m.

Wisconsin Deer Depredation Program

Mr. Tom Hauge, Game Supervisor, Wisconsin Department of Game, Fish and Parks, and Mr. Laine Stowell, Wisconsin Department of Natural Resources, Bureau of Wildlife Management, spoke via teleconference on the Wisconsin Deer Depredation Program. Mr. Hauge said that Wisconsin has had a long history of dealing with deer, bear, and waterfowl depredation. From 1931 to 1980 Wisconsin had a wildlife damage compensation program which covered deer and bear; Sandhill cranes and waterfowl were included in 1965. Wisconsin's Wildlife Damage Abatement and Claims Program (WDACP) is funded by a one-dollar surcharge on each hunting license and a twelve-dollar resident and twenty-dollar nonresident bonus deer permit fee. The program is administered by those counties which participate. Currently, 65 counties out of 72 counties are participating in the program. The counties that are not participating are in the southeastern part of the state which contains significant metropolitan areas. Requirements include an application for depredation funds which must be filed by at least fourteen days after the occurrence, and the losses must exceed $250. The landowner must provide public access for two hunters (stranger, friend, or family member) per forty acres per day. The Legislature is currently working on ways to reward landowners who do not abuse this provision, perhaps by offering a property tax reduction for those landowners who cooperate with the spirit of the program. The following documents from Wisconsin were distributed: Wisconsin Deer Damage Programs; Wildlife Damage Abatement and Claims Program (WDACP), 1996; Wildlife Damage

Abatement and Claims Program Expenditures and Revenues, 1984-1997; and a document discussing depredation and its effects on agriculture in Wisconsin. (These documents are compiled and labeled Document #2.).

South Dakota Wildlife Depredation Program

Mr. David McCrea, Division Staff Specialist, South Dakota Department of Game, Fish and Parks, answered questions about South Dakota's Wildlife Depredation Program. Among ways the department assists landowners with depredation are kill permits and hazing.

Mr. John Wahl, Eagle Butte, South Dakota, said that there is no requirement in South Dakota that a landowner must provide public access to hunting in order to qualify for depredation assistance.

Legal Issues Concerning Wildlife Ownership

Mr. Charles McGuigan, Assistant Attorney General, stated that SDCL 41-1-2 states that wild animals belong to the State of South Dakota. He briefed the committee on several court cases to provide a history of how the law developed. There is very little case law in South Dakota that deals with hunting.

A Landowner's Perspective on Hunting Issues

Ms. Maureen Vig; her brother, Mr. Bill Patterson; and her son, Mr. Lester Vig, Mud Butte, South Dakota, related their positive experiences with a conservation officer from their district who helped with deer depredation on their land. They said that they give hunters access to their land but do not let anyone in without an escort. Ms. Vig said that "a lot of it is public relations." The department needs to communicate with the landowner and vice versa. Mr. Lester Vig said that he is happy with the way the department is working with them.

Take Lands, Tribal Governments, and Wildlife Issues

Mr. John Cooper, Secretary, South Dakota Department of Game, Fish and Parks, distributed copies of a document explaining the background of the Pick/Sloan Plan, the Flood Control Act of 1944, and Authorization of the Missouri River Reservoirs in South Dakota (Document #3) and a copy of legislation introduced in Congress to provide for mitigation of terrestrial wildlife habitat lost as a result of the construction and operation of the Pick-Sloan Missouri River Basin program in the state of South Dakota, and for other purposes (Document #4).

With the assistance of Mr. Al Bahe, Department of South Dakota Game, Fish and Parks, Mr. Cooper discussed the Missouri River Proposal. The presentation featured typical take line areas along the Oahe Reservoir. Mr. Cooper said that the public views these take lands as accessible to them for hunting, fishing, and other recreational activities. The state's proposal allows that the state would be granted regulatory authority by Congress over all persons utilizing the waters of the Missouri River. The tribes would assume regulatory authority over all persons utilizing the take lines within existing reservation boundaries. Mr. Cooper said that the mitigation plan must be flexible, economically viable, and must

have local support.

The committee recessed at 5:15 p.m. and reconvened at 8:40 a.m. on Wednesday, August 20, 1997.

Wednesday, August 20, 1997

Survey of Successful and Innovative Public Education Programs
for Improving Landowner/Hunter Relations

Via teleconference, Mr. Jack Lorenz, Consultant, Former Executive Director, Izaak Walton League of America, stated that the soul of conservation is hunting and that conservationists need to make sure the sport is preserved. Mr. Lorenz related some of the conservation efforts of the Izaak Walton League to reintroduce wildlife to areas where it had all but disappeared. He said that conservation needs should always be put before the needs of the hunter. Hunting's greatest asset is not the sport but proven conservation benefits.

Mr. Lorenz introduced Mr. Gordon East, Colorado, who encouraged implementation of a landowner awards program to promote recognition of landowners.

At the request of Mr. Lorenz, a video from Montana was shown depicting wildlife and ethical hunting practices.

Also on behalf of Mr. Lorenz, LRC staff distributed copies of the following publications: "Mending Fences: How to Improve Relationships between Landowners and Recreationists" (Document #5); "The Future of Hunting is in Our Hands Let's Not Shoot Down Our Chances" (Document #6); and Outdoor America the Official Publication of the Izaak Walton League of America 75th Anniversary Commemorative Issue (Document #7).

Hunter Education

Mr. Emmett Keyser and Mr. Bahe, South Dakota Game, Fish and Parks, addressed the issue of hunter education and safety by stating that the department is working with the counties in providing hunter safety instructors with information focusing on hunter ethics. Mr. Keyser said that, while there is no magic cure-all for hunter behavior, individual hunter behavior can make or break an attitude toward hunters. Young hunters need to have a set of values instilled through observing ethical adult hunters.
Mr. Bahe said that ethics is a difficult concept to teach in the classroom; experience is a bigger factor, watching and emulating other ethical hunters; one-on-one mentoring is important. The department is exploring a one-day hunting session for young people to hunt with responsible adults and still in fledgling stages is an effort to implement a "Wildlife Cooperator of the Year Program" to recognize an individual landowner for his contribution to conservation. The department is working on a fall media hunting campaign. By using whatever media and devices that are available, the department is developing an awareness campaign to educate hunters that behavior is important and is being watched.

Mr. Cooper said that social mores are one of the most difficult aspects of the job of wildlife conservation officer. Officers often find themselves "right in the middle of disputes between hunters and landowners. The department is trying to offer incentives to landowners to provide access and opportunities to hunters and to those who road hunt.

Mr. Cooper showed a videotape to illustrate negative aspects of hunting and breeches of ethics by hunters and landowners.

The Commercialization of Hunting in the United States

Mr. Rudy Rosen, Executive Director, Safari Clubs International, Former Secretary, Oregon Department of Game, Fish and Parks, spoke to commercialization of hunting. Mr. Rosen said that in Oregon there was not an opportunity to operate commercial hunting. In the past, due to limited permits, landowners were provided preference and tags could only be given to family members. Now, after bringing together different groups, the landowner is able to have more input into who receives a tag to hunt his land. Mr. Rosen stated that he prefers to use the term cooperative management rather than commercial hunting and said that cooperative management can work well, but it has to be cooperative among the agency, the landowner, and the hunter.

The committee recessed at 12:00 noon and reconvened at 1:17 p.m.

Additional Comments from Secretary Cooper

Mr. Cooper said that the department's concern is to maintain its goals and objectives to improve habitat for wildlife resources, to increase access and opportunity to hunters, and to continue working on landowner/hunter relationships. Mr. Cooper said that he believes that the department and other management agencies can do a better job of managing land already owned by those agencies.

Public Testimony

Representative Larry Gabriel, Cottonwood, South Dakota, testified on his own behalf and said that he was a strong supporter of HB 1133 last session to authorize the transfer of certain landowner preference big game licenses. He related his personal experience with mule deer hunting in West River. Representative Gabriel said that West River landowners are looking at the large deer population as a resource just as East River landowners look upon pheasants as a resource.

Mr. Bill Paulton, Edgemont, South Dakota, agreed with Representative Gabriel's comments and stated that the economics of agriculture has deteriorated. He said that he enjoys wildlife and is a proponent of hunting and wants to maintain the sport. Mr. Paulton said that the ranchers could be producing more wildlife but should receive some economic incentive for doing so.

Mr. Richard Barnett, United Sportsmen for South Dakotans, said that his opinion is that wildlife in South Dakota should be managed primarily for the citizens of this state and only secondarily for non- residents. Mr. Barnett said that he supports mandatory hunting safety courses in South Dakota. Mr.

Barnett said that he objects to paying landowners for depredation and suggested that a game depredation prevention program might be a better answer to landowner's depredation problems.

Mr. Dean Hyde, Pierre, South Dakota, testified that the game population began to flourish when the Department of Game, Fish and Parks started managing the resource and said that he wants the department to continue managing wildlife in South Dakota. He said that he has no objection to a landowner charging whatever the market will bear to hunt private land; however, Mr. Hyde said that he does not support reimbursing a landowner for depredation if that landowner does not allow public access to hunting.

Mr. Chris Hesla, South Dakota Wildlife Federation, stated that the federation does not support license transfers but does support other incentives as long as public access is not prohibited. He said that wildlife management should remain in the Department of Game, Fish and Parks, and hunters' dollars should not be spent for depredation of lands to which hunters do not have access.

Mr. Brent Wilbur, South Dakota Game Association, said that he represents the shooting preserve industry in South Dakota. He said that wildlife resources are an integral part of a farming operation. Regarding access, Mr. Wilbur said that farmers are willing to discuss leasing and placement of food plots. He noted that at some point in future discussions, hunting guide licensure will have to be addressed.

Mr. Terry Etzkorn, South Dakota Migratory Bird Association, related personal experiences on his commercial hunting operation. He said that he supports increasing out-of-state waterfowl licenses and stated that "one-day licenses would be a plus." Mr. Etzkorn agreed that a leasing program could work well in South Dakota.

Mr. Ken Manning, Fort Pierre, South Dakota, stated that he has been "running a commercial hunting camp since 1980," and he expressed support for Mr. Etzkorn's statements. Mr. Manning also said that he believes that the state ought to concentrate on improving the management of the lands that it currently owns before buying more.

Mr. Baird Crance, Pierre, South Dakota, said that wild game in South Dakota belong to the public. He said that philosophically he is opposed to commercializing hunting and to paying for depredation. Mr. Crance said that game must continue to be managed by the Department of Game, Fish and Parks.

Mr. Hank Park, Fort Pierre, South Dakota, spoke in support of commercial deer hunting and commented on his commercial deer hunting operation.

Committee Discussion and Legislative Proposals

Staff distributed copies of written testimony addressed to the committee from Mr. Earling "Punch" Podell, stating that management of wildlife in South Dakota should remain in the Department of Game, Fish and Parks for the state's citizens (Document #8); Mr. Ancel Johnson, addressing his concerns about commercialization of hunting, allocation of licenses, hunter access, and depredation issues

(Document #9); and from the South Dakota Stockgrowers Association stating the association's support for a policy allowing landowners or operators to protect property from wildlife depredation (Department #10).

Committee Discussion and Setting of Tentative Agenda Topics

Based upon several suggestions from committee members, the committee requested staff to conduct research and provide them information on the following issues:

(1)    Necessity to clarify certain Department of Game, Fish and Parks policies. (Senator Rounds)

(2)    Means of providing for more public access through leasing. (Senator Rounds)

(3)    New means of controlling deer depredation. (Representative Windhorst)

(4)    More information about hunting access in Texas. (Senator Benson)

(5)    Determine whether the Department of Game, Fish and Parks has sufficient number of game wardens and whether wardens have sufficient training and public relations skills. (Senator Rounds)

(6)    Survey by the department about public attitudes about road hunting and trespassing. (Representative Koskan)

Based upon several suggestions from committee members, the committee agreed to request staff to draft the following legislation for discussion purposes at the next meeting:

(1)    Repeal assessment on cattle and sheep which currently funds the animal damage control program and replace lost revenue with a surcharge on licenses. (Representative Moore)

(2)    Transfer a portion of Department of Game, Fish and Parks annual reversions to a revolving trust fund--income to be used to increase public access to private lands. (Representative Moore)

(3)    Coupon program to provide incentive to landowners to allow deer to be harvested on their land. (Representative Sperry)

(4)    Initiate depredation prevention program--food plots, fencing, etc. (Representative Wetz)

(5)    Permit transfer of 1,000 goose licenses to landowners--senate version of Senator Paul Dennert's hoghouse during the 1997 session. (Senator Rounds)

(6)    Draft West River Deer Task Force Recommendation #4--provide for landowner preference eligibility for certain deer licenses. (Senator Rounds)

(7)    Draft West River Deer Task Force Recommendation #6--limitation of landowner liability. (Representative Koskan)

(8)    Draft West River Deer Task Force Recommendation #13--sentence big game law violators to attend hunter safety courses. (Representative Koskan)

(9)    Establish a coupon bounty program for coyotes--1997 HB 1132. (Representative Benson)

Chair Rounds also asked staff to draft a resolution supporting the administration's efforts to achieve agreement with the tribes concerning mitigation for the taking of lands along the Missouri River reservoirs to be implemented in Senator Tom Daschle's bill.

Next Meeting Date and Adjournment

The committee set Monday, November 3, 1997, as its next meeting date.

REPRESENTATIVE MOORE MOVED, SECONDED BY REPRESENTATIVE DUENWALD, THAT THE COMMITTEE BE ADJOURNED. MOTION PREVAILED ON A VOICE VOTE.

The committee adjourned at 5:35 p.m.