Legislature(2003 - 2004)
04/14/2004 01:55 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 452 An Act relating to licensing and regulation of sport fishing services operators and fishing guides; and providing for an effective date. REPRESENTATIVE CHERYLL HEINZE explained that years ago she was the owner of a fishing and guiding lodge on the Yentna River and employed four guides, which influenced her introduction of this bill. Representative Heinze explained that currently Alaska lacks a unified set of standards for sport fish guiding. This makes it difficult to protect fish habitats and ensure the maximum utilization of Alaska's resources. HB 452 is intended to legitimize and protect the sport fishing industry by establishing professional standards and ensuring accurate reporting of guiding activity throughout the state. This legislation will enhance public confidence in the guided sport fishery and the data upon which management decisions are made. HB 452 will establish licensing and reporting requirements for businesses and guides providing sport fishing guide services in fresh and salt waters of Alaska. Representative Heinze pointed out that the bill establishes two types of licenses: a sport fishing services operator license and a fishing guide license, and establishes minimum requirements and fees for obtaining each license. Under the provisions of the bill, sport fishing service operators must meet licensing, insurance, and other requirements established by the Board of Fisheries. It requires that fishing guides operate under the authority of a sport fishing service operator license, either by holding that license themselves or by being employed by, or under contract with, a holder of a fishing service operator license. The bill also requires that the licensed guide be certified in first aid, have applicable U.S. Coast Guard vessel licenses, and meet other requirements adopted by the Board of Fisheries. HB 452 establishes reporting requirements, including where guided sport fishing activities are conducted and the quantity of fish harvested. The bill ensures that sensitive information will be kept confidential. Representative Heinze concluded by urging support of the bill. Co-Chair Harris asked if the Alaska Outdoor Council supports the bill. Representative Stoltze stated that he is the legislative chairman of the Alaska Outdoor Council, which officially opposes the bill. Co-Chair Harris asked why the Outdoor Council doesn't support the bill. Representative Heinze did not know. Representative Stoltze was unable to answer. TAPE HFC 04 - 82, SIDE B Representative Fate referred to the fiscal note, and asked about the corpus of the Fish and Game Fund. KELLY HEPLER, DIRECTOR, DIVISION OF SPORT FISH, DEPARTMENT OF FISH AND GAME clarified that the fiscal note shows a Department account funded primarily by license sales. Representative Fate asked if the funds come from the ADF&G revolving loan fund. Mr. Hepler explained that the fees from licensing of guides go directly into the account, which is a uniquely different fund than the revolving loan fund for commercial fishermen. Vice-Chair Meyer asked if the fees are the same for out of state fishing guides. Mr. Hepler replied that about 25% of the guides are non-residents. The Department of Law advised that ADF&G should evaluate if its program administration costs are higher for non-resident than for resident guides. He stated that the Department cannot verify higher costs, but it can charge differentially under the sport-fishing program, and it requires the non-resident licensed guides to buy sport-fishing licenses. Representative Chenault asked if the 25% non-resident guides includes fly-in guides, and if they are required to have a license. Mr. Hepler replied that they are required to register if they are actively guiding. Representative Chenault thought that fresh and saltwater guides are currently required to be licensed and have CPR certification. Mr. Hepler explained that Kenai has special rules because it is under the Department of Natural Resources, Division of Parks. The remainder of the freshwater guides is not under the same provisions. He explained that this bill consolidates other requirements. Representative Hawker referred to the language on page 4, line 3, "satisfies all additional requirements adopted in regulation by the Board of Fisheries" and asked what additional requirements are contemplated. Mr. Hepler said there might be requirements for zoning, such as on the Kenai River, or harvest recording. The Legislature would limit the Board of Fish to the enforcement of the fishing regulations. Representative Hawker expressed concern that the open-ended language would place the Board of Fisheries in a regulation- making role, with geographical differences within the state. ROB BENTZ, DEPUTY DIRECTOR, DIVISION OF SPORT FISH, DEPARTMENT OF FISH AND GAME, explained that the intent of the language on line 3, page 4 is to request locations where the guides intend to operate and to give them some choices. Co-Chair Harris asked if the fiscal note is adding four new and one part-time positions. Mr. Hepler affirmed, and the positions would handle the administration of the large number of licenses and provide data summaries to the Board of Fisheries. Co-Chair Harris pointed out that this bill would expand the scope and size of government. Mr. Hepler agreed that it would. Co-Chair Harris asked about the increase in revenues in the next few fiscal years. Mr. Hepler replied that the Department prorated the number of guides over five years. Co-Chair Harris noted that it shows a decrease in costs from FY05 to FY06. Mr. Hepler replied that there are initial capital startup costs and personnel increases. In response to a question by Co-Chair Harris, Mr. Hepler explained that the $10 thousand travel budget is for meetings with the guides or in Juneau, and it is not in the current budget. Representative Chenault asked in relation to the required reports for guides whether fish tickets would be required for fresh and saltwater fishing. Mr. Hepler said that the intent was to keep it a sport fishing bill and not bring commercial fishing into it. The question is whether the language is so broad that it needs to be amended. He offered to discuss it with staff and suggest a committee substitute by the sponsor if the Department believes it poses a problem. Representative Chenault commented that as a resource management tool, he thought the Department would want to track the real catch numbers from guided and non-guided fishing. Representative Croft asked how sport-fishing guides are regulated now. Mr. Hepler explained that when a similar, more broadly written bill did not pass the Legislature, the ADF&G looked at revising regulatory language outside of a statute change. The ADF&G wanted to register guides and improve reporting in saltwater, which led to the saltwater logbook. The guides are still required to have a business license and to meet Coast Guard requirements. He said that the only difference in this bill is guide licensing to get the freshwater report information. In response to a question by Representative Croft, Mr. Hepler said that a large segment of the guiding industry is not saltwater-based. There is no direct reporting from the Kenai, Susitna Basin, Copper Basin and Bristol Bay. He explained that it is a Board of Fish violation to operate a guiding business without registering with the Department. In response to a question by Representative Croft, Mr. Hepler said that the Department currently could only track the saltwater guide activity in an area. The bill would provide reporting in fresh water, set misdemeanor fines for not registering and reporting, and regulate the guiding industry statewide. Mr. Bentz commented that the numbers are currently inaccurate and the bill would also require information on where the activities are taking place. Co-Chair Harris MOVED to ADOPT Amendment #1. Co-Chair Williams objected. Mr. Bentz explained that Amendment #1 has two parts. Amendment #1 reads: Page 6, line 16, following "board.": Insert "The department and the board may adopt by regulation requirements for timely submission of reports required under this section or under regulations adopted by the department or board." Page 6, line 31, following "AS 16.40.270(e)": Insert "or who knowingly fails to comply with a requirement for timely submission of reports required by a regulation adopted under AS 16.40.280(b)" Mr. Bentz read the language on page 6, line 16. Co-Chair Harris asked why it is needed. Mr. Bentz replied that when Representative Heinze discussed the bill with Legislative Legal, Mr. Utermohle recommended this language for legal reasons even though it seems redundant. Mr. Bentz explained that part two of Amendment #1, page 6, line 31 would change the reporting time period of the operator. Currently the logbook program is on a weekly basis and he commented that an operator could be late for circumstantial reasons. If this wording is not included on line 31, one tardy report would fall under (a) which would change the penalty from a violation to a Class A misdemeanor, and would change the fine from a maximum of $500 to a maximum of $10,000 and one year in jail. He stated that the Department supports these changes in the amendment. Co-Chair Williams removed his objection. Amendment #1 was adopted. Representative Foster referred to the fourth paragraph of the letter from the Kenai River Professional Guide Association (copy on file) in which the Association states that it already pays fees to the Department of Natural Resources (DNR). Mr. Hepler explained that to guide on the Kenai River, which is a park, currently requires payments to DNR of $450 by residents and $1350 by non-residents. If it is a concern of the guides, it could be brought before the Legislature. Mr. Hepler thought fees might be split between the DNR and his own Department. Co-Chair Harris MOVED to report CSHB 452 (FIN) out of Committee with individual recommendations and the attached fiscal note. There being NO OBJECTION, it was so ordered. CSHB 452(FIN) was REPORTED out of Committee with individual recommendations and two fiscal impact notes. HOUSE BILL NO. 452 An Act relating to licensing and regulation of sport fishing services operators and fishing guides; and providing for an effective date. DON JOHNSON, GUIDE, SOLDOTNA, spoke against HB 452. He stated he has expressed his objection to the legislation with the sponsor. He observed that had provided written testimony. He felt that the legislation would place unnecessary restrictions. He maintained that creating similarly situated subclasses within the general sport fish class would create illegal exclusive fishery rights. He claimed that the legislation attempts to grant non-guided anglers exclusive fishing rights over guided anglers. He maintained that it is unconstitutional to create regulations designed to establish exclusive fishery rights between similarly situated residents. Representative Chenault asked for further documentation regarding groups opposing the legislation. Mr. Johnson further argued against the legislation and maintained that its passage would end in litigation. HB 425 was heard and HELD in Committee for further consideration.
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