03/18/2021 11:00 AM House FISHERIES

         HB 26-CONFLICT OF INTEREST: BD FISHERIES/GAME                                                                      
                                                                                                                                
11:06:49 AM                                                                                                                   
                                                                                                                                
CHAIR TARR  announced that the  first order of business  would be                                                               
HOUSE BILL NO.  26, "An Act relating to  participation in matters                                                               
before  the Board  of  Fisheries and  the Board  of  Game by  the                                                               
members of the respective boards;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
CHAIR  TARR said  the  committee has  not  received any  proposed                                                               
amendments to  HB 26.   She  related that  Representative Kreiss-                                                               
Tomkins has expressed his strong support for the bill.                                                                          
                                                                                                                                
11:07:35 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES  expressed her  support for  this "fabulous                                                               
legislation."                                                                                                                   
                                                                                                                                
REPRESENTATIVE  ORTIZ  voiced  his support  for  this  "brilliant                                                               
piece of legislation."                                                                                                          
                                                                                                                                
11:08:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE VANCE  related that  people from the  Interior are                                                               
saying that members of the Board  of Game rarely conflict out, so                                                               
they are questioning  the need for HB 26.   People from the sport                                                               
fish  side  are  saying  there  should  not  be  any  more  undue                                                               
influence on  the conversations.   More is heard  from commercial                                                               
fishing  because  they  are  the   ones  who  are  overwhelmingly                                                               
conflicted out.  Since the  legislature has talked about this for                                                               
many  years,  she  is  listening  to  all  sides  to  ensure  the                                                               
committee  is making  a sound  decision because  this deals  with                                                               
allocation.   She  said  she is  leaning  toward supporting  this                                                               
given that members of the  board are already deliberating off the                                                               
record because their  insight is needed.  So,  she continued, the                                                               
committee is asking that it be  on record for the public to hear.                                                               
She  further  argued  that  the   "fish  and  game  members"  are                                                               
professionals  and should  be trusted  and able  to differentiate                                                               
between statements  made from a direct  financial interest versus                                                               
statements made  from expertise in a  fishery or region.   If the                                                               
department  and board  members believe  that a  member is  making                                                               
comments in the [sharing] expertise,  they have the wisdom to see                                                               
the difference.   Representative Vance specified that  HB 26 does                                                               
not  allow a  [conflicted board  member] to  vote on  the matter,                                                               
which is  the hard line  here because it  is not being  said that                                                               
that can be  overridden and waived.  She stated  she is currently                                                               
supportive of  HB 26  because she wants  the transparency  to the                                                               
public  and doesn't  like that  there is  conversations happening                                                               
off record that people are unaware  of.  The more transparency to                                                               
the public  on these conversations,  the more trust can  be built                                                               
in the Board of Fisheries and in the public process.                                                                            
                                                                                                                                
11:12:17 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES added that whether  it be fish or game, the                                                               
legislation treats everybody and all sectors equally.                                                                           
                                                                                                                                
11:12:56 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MCCABE stated that in  general he is supportive of                                                               
the idea of  HB 26.  He agreed with  Representative Vance that it                                                               
is important  to get all  the conversation on the  record instead                                                               
of off the record  so it can be seen later.   He said his friends                                                               
who are  sport fishermen and who  may not support the  bill might                                                               
at some point  be on the other  end of things where  they want an                                                               
excellent sport  fisherman board  member to  speak on  the record                                                               
for them.  He  is waffling on yes or no  because of the different                                                               
sides,  he continued,  and surprisingly  the bill  highlights the                                                               
distrust and  divisiveness that  has happened  between commercial                                                               
fish and sport fish.  Both  are going after the same resource and                                                               
the committee needs to fix that at some point.                                                                                  
                                                                                                                                
11:14:18 AM                                                                                                                   
                                                                                                                                
CHAIR TARR  stated her  support for  HB 26.   She noted  that the                                                               
board  process is  very  involved,  and that  people  need to  be                                                               
dedicated and  have the time  and commitment  to be a  good board                                                               
member.   She questioned whether  it can always be  expected that                                                               
each time there will  be a lot of Alaskans to  fill that, as well                                                               
as also  having good representation  between the regions  and the                                                               
backgrounds.   She said it  makes her feel more  comfortable that                                                               
it can  be disclosed and  that everything  can be on  the record,                                                               
and she agrees with the transparency component of the bill.                                                                     
                                                                                                                                
11:15:17 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STORY related  that was  an elected  school board                                                               
member  for 15  years  and  members got  to  vote  on issues  and                                                               
express their opinions.   She said she thinks it  is very helpful                                                               
to have  most of the  conversations on  the record at  the table.                                                               
While she realizes  that a member can leave his  or her chair and                                                               
testify before  the body,  she said it  expedites things  to have                                                               
the [conflicted]  member at the  table and  able to share  his or                                                               
her thoughts.   It  is not going  to prohibit  side conversations                                                               
from happening,  she added,  but they  will be  done more  at the                                                               
committee  level and  the public  will  appreciate hearing  those                                                               
thoughts whether or not they agree with them.                                                                                   
                                                                                                                                
11:16:08 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE VANCE  posed a scenario  in which a member  with a                                                               
financial  conflict is  participating  in  deliberations and  the                                                               
board chair  deems that that  member's conversation  is ethically                                                               
going too far.  She asked  whether the board chair has discretion                                                               
to  limit  the conversation  so  that  it doesn't  provide  undue                                                               
influence over the vote.                                                                                                        
                                                                                                                                
11:17:03 AM                                                                                                                   
                                                                                                                                
GLENN  HAIGHT, Executive  Director,  Board  of Fisheries,  Boards                                                               
Support  Section, Alaska  Department  of Fish  and Game  (ADF&G),                                                               
replied that he thinks the board  chair would have the ability to                                                               
stop the  conversation and take  a break  to talk with  the board                                                               
member to explain the chair's concerns.                                                                                         
                                                                                                                                
11:17:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE VANCE  inquired whether there are  any examples in                                                               
the past where a chair has exercised that authority.                                                                            
                                                                                                                                
MR. HAIGHT  responded that an  example occurred last year  when a                                                               
board member  was recused from  working on a suite  of proposals.                                                               
He explained  that at  the beginning of  every board  meeting all                                                               
board members  sit through staff  reports, but in this  example a                                                               
line  of questions  came from  one board  member and  the recused                                                               
member  came  back with  another  line  of questioning  that  was                                                               
starting to  get to argument building.   The board chair  and the                                                               
Department of  Law representative realized it  was probably going                                                               
too far, so they stopped the meeting and had that conversation.                                                                 
                                                                                                                                
REPRESENTATIVE  VANCE commented  that  that  answers the  concern                                                               
that  there  is  another  safety net  mechanism  for  when  undue                                                               
influence is  taking place and  the chair has the  discretion [to                                                               
stop the conversation].                                                                                                         
                                                                                                                                
CHAIR TARR  offered her appreciation  for the comments  about the                                                               
legislation and said  it points to how important  the resource is                                                               
to all Alaskans.                                                                                                                
                                                                                                                                
11:19:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STUTES moved  to report  HB 26  out of  committee                                                               
with  individual  recommendations  and  the  accompanying  [zero]                                                               
fiscal note.                                                                                                                    
                                                                                                                                
11:19:37 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MCCABE objected.                                                                                                 
                                                                                                                                
11:20:07 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 11:20 a.m. to 11:21 a.m.                                                                     
                                                                                                                                
11:21:12 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STUTES  withdrew  her  first motion  as  she  had                                                               
stated the  incorrect bill version.   She  moved to report  HB 26                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying [zero] fiscal note.                                                                                                
                                                                                                                                
11:21:37 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MCCABE objected.                                                                                                 
                                                                                                                                
11:21:47 AM                                                                                                                   
                                                                                                                                
A  roll call  vote was  taken.   Representatives Kreiss-Tompkins,                                                               
Story,  Ortiz, Vance,  Stutes, and  Tarr  voted in  favor of  the                                                               
motion  to  report  HB  26   out  of  committee  with  individual                                                               
recommendations   and   the   accompanying  zero   fiscal   note.                                                               
Representative McCabe voted against it.   Therefore, by a vote of                                                               
6-1, HB  26 was reported  out of  the House Special  Committee on                                                               
Fisheries.