Legislature(1995 - 1996)
02/06/1995 03:35 PM Senate RES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SRES 2/6/95
SB 42 RESTRICTED LIMITED ENTRY PERMITS
SENATOR LEMAN announced SB 42 to be up for consideration.
Number 57
SENATOR TAYLOR, sponsor, said the purpose of this legislation is to
deal with the moratorium the legislature imposed on dungeness crab
fishing 5 years ago which is due to run out this next year. After
the moratorium comes off, there would be additional large amounts
of gear in the water which would cause further restrictions on
harvest and season within the commercial fishery by returning to a
derby style fishery.
This legislation allows the Commercial Fisheries Entry Permit
Commission (CFEC) to implement a new permit system for the crab
fishery. It provides for a tiered system of permitting - at 100,
200, and 300 pots.
SRES 2/6/95
SENATOR LEMAN said they would set SB 42 aside in the interests of
Senator Lincoln who would soon have to leave to attend a funeral
and announced HJR 13 to be before the Committee again.
Number 123
SARAH HANNAN, Executive Director, Alaska Environmental Lobby,
opposed CSHJR 13. She said the economics of the Arctic National
Wildlife Refuge are marginal and limited. At the most optimistic
predictions it would only present about 33 billion barrels of oil,
she said.
AEL believes there are other ways to reduce our dependence on
foreign oil through endorsing a national energy policy, and opening
of the National Petroleum Reserve. She noted that ANWR contains
the breeding grounds for the Porcupine Caribou herd.
MS. HANNAN urged them to use the original version of HJR 13 which
articulates and acknowledges the unique and biological things in
ANWR and the people who are dependent on the Porcupine herd.
Number 207
SENATOR LINCOLN said her testimony was on Amendment #1. She said
in 1987 there was an international agreement between Canada and the
U.S. which established the Porcupine Caribou Technical Committee.
They found that there is calving of caribou from June 1 - 10.
Fifty percent of mortality is within that first month. The nursing
period June 11 - 30 is also important in this area.
She said the language in the proposed amendment does not dilute the
intent of the resolution to support the development of ANWR. It
recognizes the concern of the people it most directly affects.
She noted that there were a number of people who had left their
families to fly to town to testify regarding this issue. She said
that Paula Terrel, her legislative aide, was available in Juneau to
answer questions.
Number 354
SENATOR TAYLOR said he was involved in the first hearings that were
held on the original pipeline and all the "experts" that didn't
want to build the pipeline told the legislature they were going to
destroy the central arctic caribou herd if the pipeline were built.
According to the count today, he said, this caribou herd is seven
times larger than when the pipeline was built.
SENATOR LINCOLN responded that it's not known how many times that
herd would have multiplied without the pipeline, but the intent of
the amendment is to ensure that caribou herd continues to be a
healthy one. The amendment does not dilute the resolution; it more
fully states the subsistence point of view.
Number 376
REPRESENTATIVE MIKE NAVARRE, sponsor, commented that for the first
time in our history our Congressional delegation is well suited to
promote Alaska's interests. Also, the trade deficit is continuing
to grow and the import of oil contributes greatly to it. Domestic
production is at a 40-year low and ANWR has the highest potential
of anywhere on the North American continent for hydrocarbon
production. He did not have any problem with the proposed
amendment. It is an issue that will be raised at the national
level whether it's referenced in the resolution or not.
REPRESENTATIVE NAVARRE explained that there were numerous reports,
studies, environmental impact statements, etc. that would have to
be made before any development takes place.
Number 436
BEVERLY WARD, ARCO Alaska, supported CSHJR 13. ARCO's experience
with the Alaska oil fields has given them a thorough understanding
of the local environmental requirements and convinces them that the
ANWR can be explored and developed without causing harm to the
health and viability of the Refuge ecosystem, she said. Technology
has advanced significantly since the original development of the
oil field in the Arctic. Existence of productive and abundant
populations of birds and caribou throughout all the North Slope oil
fields is evidence of ARCO's ability to be good neighbors with all
current land users.
Number 462
KEITH BURKE, The Alliance, said it is an organization of support
industries and is a major employer in rural Alaska. They have no
objection to the amendment and encouraged passage of CSHJR 13.
MARILYN CROCKET, AOGA, supported CSHJR 13, because allowing oil and
gas exploration, development, and production on the ANWR coastal
plain would enhance national energy security, provide income for
both federal and state governments, and would generate jobs and
business opportunities for Alaskans, as well as residents in all 50
states.
MARY SOLOMON, Fort Yukon, said preserving the Porcupine Caribou
herd and its calving grounds was very important and urged adopting
amendment #1 of CSHJR 13. She said the herd was needed to fulfill
the nourishment, spiritual, and cultural needs of her people.
Number 518
SARAH JAMES, Arctic Village, said for as long as she could remember
they have tried to protect the Porcupine Caribou herd. Her
ancestors told her to respect the herd and said if they took care
of it, it would take care of them. She said they are trying to
cooperate and be reasonable and this is a reasonable request.
TERRY HERMACH, Valdez, opposed drilling in ANWR. He asked them to
look forward to Alaska in 100 or 200 years and see what rapid
development there would be. There is increased pressure everywhere
and we need our park land protected, he said. It will no longer be
wilderness once drilling begins.
Number 581
DAVID VAN DEN BERG, Fairbanks, opposed CSHJR 13. He said the
current fiscal crisis was not going to go away.
TAPE 95-6, SIDE B
Number 001
He thought the reason for this resolution was to create some
revenue. He commented that there was no mention of the Porcupine
Caribou herd and there are no stipulations to benefit Alaska.
SENATOR HALFORD asked him when was the last time he was on the
coastal plain. He answered, "last summer."
Number 563
ORVILLE HUNTINGTON, wildlife biologist, supported Amendment #1.
Without it, their (native) human rights and their religious freedom
to practice subsistence was being violated.
Number 555
ERNEST ERICK opposed CSHJR 13. He wanted the land and animals to
be protected, because he eats the animals and that is part of his
life. The people who develop the land don't eat the animals and
they need some protection.
ISAAC TRITT said the Porcupine Caribou herd needed permanent
protection.
PATRICIA SALMON said their lifestyle is in jeopardy if wildlife is
not protected. Her people depend on the land and wild animals.
Number 485
Amendment #1 was not moved by any Committee member.
SENATOR TAYLOR moved to pass CSHJR 13 with individual
recommendations. There were no objections and it was so ordered.
SRES - 2/6/95
SENATOR LEMAN announced SB 42 to be back before the Committee.
BILL FLOR, President, SEDCA, supported SB 42. Because of the
nature of the fishery, multiple units of gear, the type of limited
entry developed for salmon and herring presents many problems for
the crab fishery. SB 42 is the next step after a moratorium was
declared on the crab fishery in 1994.
Number 430
DAVID GREBE, Petersburg, said something had to be done, but did not
know if a tiered system was the right way to go about it.
SENATOR HALFORD asked if he supported permits, whether they were
tiered or not, being non-transferable and, thus, not accruing any
value. MR. GREBE answered he thought that would be fair and that
was how he thought the whole limited entry system should be.
Number 427
LADD NORHEIM, Petersburg, supported the tiered system, because he
had started out small and gradually built up to larger boats and a
larger number of pots and now he needs to have a large number of
pots to keep his business going. He said the only other
alternative is to go back to open access. He supported CSHJR 13.
SENATOR TAYLOR asked him to comment on Senator Halford's question.
MR. NORHEIM said he agreed with non-transferrable permits.
Number 390
FRANK HOMAN, Limited Entry Commissioner, supported a tiered pot
system and SB 42. He said they have been meeting with fishermen
throughout Southeast during the moratorium and this idea is what
has grown out of those meetings. The current system allows them to
limit the permit holder, but not the amount of effort within the
fishery.
MR. HOMAN explained that the Southeast Dungeness Crab fleet is very
diverse with large and small boats. Currently there are about
45,000 pots. A limited entry system establishes a 300-pot level.
So giving permits to the 300 or so fishermen could potentially put
90,000 pots in the water and this would be counterproductive to
conserving the resource.
Taking no action before the January 1, 1996 deadline would return
it to open access which is not acceptable to the majority of the
fishermen. He supported Senator Taylor's proposed amendment.
SENATOR HALFORD said he wanted Homan's ideas on avoiding the huge
debt that was created in the industry when limited entry was
established 20 years ago. MR. HOMAN said it is an issue that comes
up regularly. One of the reasons for "free transferability" was to
allow entry into a fishery at any stage. The courts do not look
favorably upon a closed class type of system, because no one can
come in and there is no way to expand the level of participation.
He said he didn't see how this particular fishery could be isolated
from all the others. SENATOR HALFORD said it could just be stated
in the statute that these permits cannot accrue any value and
cannot be transferred anywhere except back to the state. He noted
there was a lot of artificial application when someone can qualify
to buy one.
Number 262
SENATOR TAYLOR moved to delete on page 2, lines 22 - 23. There was
discussion on the amendment, but no vote.
SENATOR LEMAN asked the way the bill is written now could a
fisherman accumulate permits? MR. HOMAN said you couldn't
accumulate permits under this bill, but you can upgrade.
SENATOR LEMAN asked if 100 pots was too high for the basic level.
MR. HOMAN said that was an example they were using, and it would
require some analysis of past fishing effort. The number could be
set lower.
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