TO: MAYOR HORNADAY AND HOMER CITY COUNCIL
FROM: Walt Wrede and Chief Mark Robl
DATE: February 8, 2005
SUBJECT: Trapping within the Homer City Limits
The Alaska Board of Game is scheduled to meet on March 4th through the 13th. One of the Proposals the Board will consider at this meeting is Proposal 129. This proposal was prepared at the request of the Board by its staff. Under Proposal 129, the Board will be reviewing and potentially eliminating or modifying all areas in Region II, Southcentral, that are currently closed to hunting and trapping, and all controlled areas. The comment period on proposals closes on February 18.
Areas currently closed to trapping are found at 5 AAC 92.550. If you go to 5AAC 92.550, Areas Closed to Trapping (4) Unit 15, you will find Section A which reads:
(A) “ within the city limits of Homer (Unit 15) as those limits existed in November 1987.”
ADF&G staff in Homer have informed us that Fish and Game is likely to recommend to the Board that this section be eliminated. The reason for that is not necessarily because they believe trapping should allowed within the city limits, but rather that hunting and trapping regulations within municipal boundaries are generally handled by local ordinances. So in a sense, they see this as a housekeeping item. They did say though, that if the City wanted to prohibit trapping within the City limits, it would have to have its own law on the books.
It could be argued that this issue is already addressed in the City Code. HCC 5:30:020 Hunting Prohibited, states that “ Hunting game within the boundaries of the City of Homer with bow and arrow or by any other means is prohibited.” HCC 5:30.010 Definitions (a) defines “game” as “any species of bird and mammal including a feral mammal but excluding domestic birds and mammals”. HCC 5:30:010 Definitions (b) defines “hunting” as “ the stalking or other pursuit of game with the intention of capturing and/or killing same.”
Chief Robl and I have discussed this issue and we have concluded that it would be best to introduce a new ordinance that specifically prohibits trapping (with the exception of trapping by animal control officers) within the City limits. This would make it absolutely clear that trapping is prohibited. It would also remove all doubt about the areas of the city that were recently annexed should the Board of Game keep the current prohibition in place.
Direct the Manager to submit comments to the Board of Game. The comments should inform the Board that the City believes trapping should be prohibited within the city limits. The comments should also state that sections already exist in the City Code that could be used to prohibit trapping within the city limits and that the Council plans to adopt a new ordinance that will clarify and make specific existing Code with respect to trapping. Direct the Manager to prepare an ordinance for Council consideration that addresses trapping specifically.