1994-02-04                     House Journal                      Page 2268
HB 448                                                                       
HOUSE BILL NO. 448 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to waste and use of salmon and parts of salmon;              
relating to permits for and operation of a salmon hatchery; and                
providing for an effective date."                                              
                                                                               

1994-02-04                     House Journal                      Page 2269
HB 448                                                                       
was read the first time and referred to the House Special Committee            
on Fisheries, Resources and Judiciary Committees.                              
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Fish & Game, 2/4/94                                 
                                                                               
                                                                               
The Governor's transmittal letter, dated February 4, 1994, appears             
below:                                                                         
                                                                               
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under authority of art. III, sec. 18, of the Alaska Constitution, I am         
transmitting a bill relating to the waste and use of salmon and parts of       
salmon, and to permits for and operation of salmon hatcheries.                 
                                                                               
The bill would repeal and reenact AS16.05.831 (waste of salmon) to             
authorize the commissioner of fish and game to issue permits to allow          
the removal and sale of eggs from hatchery-produced salmon and the             
discard of the salmon carcasses.  The permits would allow this practice        
only for salmon that return to hatchery terminal and special harvest           
areas or remote sites from which hatchery smolt are released, and that         
are determined by the commissioner of fish and game to be unfit for            
human consumption.  This is a practice that is prohibited by existing          
AS16.05.831.  It is anticipated that persons who would be authorized           
under such a permit are commercial fishermen who are participating             
in a designated terminal fishery and, perhaps, hatchery operators or fish      
processors.                                                                    
                                                                               
The language that appears in the bill as AS16.05.831(b)(2), regarding          
permits authorizing "other uses of salmon," is currently contained in          
AS16.05.831(b).                                                                
                                                                               
                                                                               
The bill also cures several problems in existing AS16.05.831.                  
Presently, that statute applies only to salmon that are "intended" for         
certain uses.  Because that statute does not indicate whose intent is to       
                                                                               

1994-02-04                     House Journal                      Page 2270
HB 448                                                                       
be measured, this ambiguity can cause enforcement problems.  Also,             
the specified uses are not meaningful because they cover every                 
conceivable use of salmon.  The bill's repeal and reenactment of               
AS16.05.831 deletes this problematic language from the law.                    
                                                                               
                                                                               
Because of present market conditions, it is important for the fishing          
industry and hatchery operators to be able to recover as much value as         
possible from salmon resources.  The bill will contribute to this goal         
and, at the same time, will allow the state to more effectively enforce        
the statute on waste of salmon.  For these reasons, I urge your prompt         
consideration and passage of the bill.                                         
                                                                               
										Sincerely,                                                           
										/s/                                                                  
										Walter J. Hickel                                                     
										Governor"