Legislature(2005 - 2006)HOUSE FINANCE 519

04/25/2005 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 26 SHORT-TERM COM FISHING CREWMEMBER LICENSE TELECONFERENCED
Moved CSHB 26(FIN) Out of Committee
+ HB 167 DEATH CERTIFICATE FOR DECEASED VETERAN TELECONFERENCED
Moved CSHB 167(STA) Out of Committee
+ HB 213 ALCOHOL SERVER EDUCATION TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 26                                                                                                             
                                                                                                                                
     "An Act relating to short-term commercial fishing                                                                          
     crewmember licenses; and providing for an effective                                                                        
     date."                                                                                                                     
                                                                                                                                
ADAM BERG,  STAFF, REPRESENTATIVE  MOSES, related that  HB 26                                                                   
allows  for  a  seven-day  license   for  commercial  fishing                                                                   
crewmembers for $30.   The bill provides an  option to charge                                                                   
tourists to  work on a commercial  boat.  It would  also help                                                                   
fishers  who  need short-term  help,  by  allowing  visitors,                                                                   
relatives, and  friends a  more affordable  way to help.   He                                                                   
pointed  out  that  under  the  House  Resources  Committee's                                                                   
version of the  bill, a clause was added that  would prohibit                                                                   
short-term license holders from being compensated.                                                                              
                                                                                                                                
1:53:48 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch described  a possible scenario as to                                                                   
how this bill would work.  Mr.  Berg explained that currently                                                                   
a person could go on and watch  for free, but if they want to                                                                   
participate,  they  must  have  a  license.    Representative                                                                   
Weyhrauch called  it "dude" fishing.   He asked if  there are                                                                   
any survival  training requirements.   Mr. Berg  replied that                                                                   
the  permit   holder  is   responsible  for  that   training.                                                                   
Representative  Weyhrauch  asked   if  the  person  would  be                                                                   
subject  to remuneration  from the fishermen's  fund  if they                                                                   
were injured.  Mr. Berg replied that they would.                                                                                
                                                                                                                                
1:57:00 PM                                                                                                                    
                                                                                                                                
PAUL   SHADURA,  PRESIDENT,   KENAI   PENINSULA   FISHERMAN'S                                                                   
ASSOCIATION,  testified (via  teleconference)  in support  of                                                                   
the  bill,  but   not  the  amendment  that   would  restrict                                                                   
compensation  for commercial  fishing.   He  noted that  many                                                                   
boats rely on the casual laborer.   He suggested striking the                                                                   
language   on  page   2,   lines  17-19.      He  noted   his                                                                   
responsibilities to have insurance  and training provided for                                                                   
his crewmembers.   He  called this bill  a necessity  for his                                                                   
industry.                                                                                                                       
                                                                                                                                
2:01:07 PM                                                                                                                    
                                                                                                                                
Representative Weyhrauch asked  about other compensation such                                                                   
as  a portion  of  the  catch.   Mr.  Berg replied  that  the                                                                   
current language would prohibit all types of compensation.                                                                      
                                                                                                                                
2:01:41 PM                                                                                                                    
                                                                                                                                
Representative  Holm inquired  about  the  reason behind  not                                                                   
compensating these crewmembers.   Mr. Berg replied that was a                                                                   
change   to  the   bill  in   the   Resources  Committee   by                                                                   
Representative Seaton.   He read from that  earlier amendment                                                                   
and stated disagreement with it.                                                                                                
                                                                                                                                
Representative  Holm asked  for an explanation  of the  other                                                                   
side of the  issue.  Mr. Berg opined that  crewmembers should                                                                   
be paid for their work, whether they are tourists or not.                                                                       
                                                                                                                                
2:04:06 PM                                                                                                                    
                                                                                                                                
MARK VINSEL, EXECUTIVE DIRECTOR,  UNITED FISHERMEN OF ALASKA,                                                                   
stated support  for the  bill as  it was originally  drafted.                                                                   
The intent was  to fill in gaps in commercial  fishing crews.                                                                   
He spoke in favor of paying temporary crewmembers.                                                                              
                                                                                                                                
2:07:35 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault MOVED to ADOPT Amendment 1 A:                                                                                 
                                                                                                                                
     Page 2, Lines 17-19                                                                                                        
     Delete: "may not be paid, receive crew shares, or                                                                          
     receive other compensation for work performed under the                                                                    
     license and"                                                                                                               
                                                                                                                                
Co-Chair Meyer  OBJECTED for  discussion purposes.   Co-Chair                                                                   
Chenault explained  that the amendment would  allow a captain                                                                   
to bring short-term crew on board and be compensated.                                                                           
                                                                                                                                
Representative  Weyhrauch asked  how  the current  crewmember                                                                   
license and the proposed crewmember  license compare, and how                                                                   
much money is saved.  Mr. Berg  related that the cost used to                                                                   
be $60 for  a resident and $180  for a non-resident.   Now it                                                                   
would be $30 for both.  Representative  Weyhrauch inquired if                                                                   
they could  get a  regular Fish  and Game commercial  fishing                                                                   
crewmember license.  Mr. Berg said they could.                                                                                  
                                                                                                                                
2:10:50 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault clarified  that  a crewmember  license  is                                                                   
different than a sport fishing license.                                                                                         
                                                                                                                                
Co-Chair Meyer  WITHDREW his OBJECTION  to adopt  Amendment 1                                                                   
A.  There being NO OBJECTION, Amendment 1 A was adopted.                                                                        
                                                                                                                                
2:11:23 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch MOVED to  ADOPT Amendment  1, which                                                                   
would  require  the owner/operator  of  the  boat to  sign  a                                                                   
statement of participation in  random drug testing, to hold a                                                                   
federal merchant  marine license, and  that the vessel  is in                                                                   
compliance with  requirements for safety equipment  and other                                                                   
passenger-for-hire rules.                                                                                                       
                                                                                                                                
Co-Chair Meyer OBJECTED for discussion purposes.                                                                                
                                                                                                                                
Representative Weyhrauch  explained his reasoning  behind the                                                                   
amendment.                                                                                                                      
                                                                                                                                
Mr. Berg  stated opposition to  Amendment 1.  He  referred to                                                                   
an email  from the Coast Guard  (copy on file),  which states                                                                   
that the crew is  subject to drug testing.   He stressed that                                                                   
it is unnecessary  to spell it out in statute.   He called it                                                                   
a little extra hassle.                                                                                                          
                                                                                                                                
2:14:44 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault  asked Representative Weyhrauch  if charter                                                                   
operators are currently required  to have a form asking about                                                                   
license fees and drug use.  Representative  Weyhrauch replied                                                                   
that they are  not.  Co-Chair Chenault noted  that a six-pack                                                                   
operator  is.   Representative  Weyhrauch  explained that  it                                                                   
would cause a  competitive disadvantage.  It would  open up a                                                                   
whole new  area.   Co-Chair Chenault replied  when he  had to                                                                   
buy a crew license it was not required.                                                                                         
                                                                                                                                
2:17:28 PM                                                                                                                    
                                                                                                                                
Mr. Berg noted  that any commercial operator who  is going to                                                                   
take  people   out  for   money  has   to  follow   the  same                                                                   
requirements that the charter operator has to follow.                                                                           
                                                                                                                                
2:18:27 PM                                                                                                                    
                                                                                                                                
Representative  Hawker opined  that this  legislation is  not                                                                   
creating a  new competitor for  the charter industry  because                                                                   
the existing language in the bill,  as amended, prohibits rod                                                                   
and reel fishing  while on a commercial fishing  vessel.  Mr.                                                                   
Berg said that's the way he sees it.                                                                                            
                                                                                                                                
2:20:36 PM                                                                                                                    
                                                                                                                                
Representative Holm  asked what a  six-pack license is.   Mr.                                                                   
Berg explained that  it is an operator's license  required by                                                                   
the Coast Guard.                                                                                                                
                                                                                                                                
Representative   Weyhrauch  explained   the  differences   in                                                                   
requirements  of charter  boats and commercial  boats.   This                                                                   
bill  addresses the  commercial  boat experience.   Mr.  Berg                                                                   
noted that  Coast Guard  requirements are  the same  for both                                                                   
boats.                                                                                                                          
                                                                                                                                
2:23:31 PM                                                                                                                    
                                                                                                                                
Representative  Weyhrauch  WITHDREW  Amendment 1  and  stated                                                                   
that he would not offer Amendment 2.                                                                                            
                                                                                                                                
Representative  Moses MOVED to  report CSHB  26 (FIN)  out of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB 26 (FIN) was REPORTED out  of Committee with a "do pass"                                                                   
recommendation  and  with  fiscal   impact  note  #1  by  the                                                                   
Department  of  Fish  and Game,  and  with  an  indeterminate                                                                   
fiscal  impact  note  #2  by  the  Department  of  Labor  and                                                                   
Workforce Development.                                                                                                          
                                                                                                                                
2:25:39 PM                                                                                                                    
                                                                                                                                

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