Legislature(2009 - 2010)BARNES 124
02/09/2010 10:15 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| SJR22 | |
| HB266 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 22 | TELECONFERENCED | |
| *+ | HB 266 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 266-PERSONAL USE FISHING PRIORITY
10:51:57 AM
CHAIR EDGMON announced that the final order of business would be
HOUSE BILL NO. 266 "An Act providing for a priority for a
fishery that is restricted to residents when fishing
restrictions are implemented to achieve an escapement goal."
10:52:14 AM
BEN MULLIGAN, Staff, Representative Bill Stoltze, Alaska State
Legislature, speaking on behalf of the sponsor, Representative
Stoltze, paraphrased from the sponsor statement, which read:
Insuring that residents have access to Alaska's
fisheries resources is vitally important as we
continue to grow as a state. Right now, user groups
are growing both in size and number, splitting the
allocation of our resources into smaller and smaller
percentages. However, one thing all Alaskans can
agree on is that we should have a priority over people
coming from elsewhere in the country and the world to
utilize and harvest our fisheries resources.
Fisheries that are restricted to residents only are
meant to enable Alaskans to access their fisheries
resources for their personal use and consumption.
Currently, there are many personal use fisheries
throughout the state. Excluding the priority that is
already contained within statute for subsistence, HB
266 directs the Board of Fisheries to place
restrictions on sport and commercial fisheries before
putting restrictions on personal use fisheries when
the harvest of a stock or species is limited to
achieve an escapement goal.
I ask for your consideration and support of HB 266 so
Alaskans can be assured that they will continue to
have access to their fisheries resources to the
benefit of themselves and their families.
10:53:23 AM
REPRESENTATIVE JOHNSON referred to the sponsor statement, and
asked which fisheries the term personal use includes.
MR. MULLIGAN said he would defer to Alaska Department of Fish &
Game (ADF&G) for a definitive answer, but it would include dip
netting, crab pots, shrimp pots, but not hook and line
fisheries.
10:54:43 AM
REPRESENTATIVE KELLER moved to adopt CSHB 266, 26-LS1199\S,
Kane, 2/22/10, as the working document.
CHAIR EDGMON, hearing no objection, announced that Version S was
before the committee.
10:55:28 AM
JENNIFER YUHAS, Public Communications Director, Legislative
Liaison, Office of the Commissioner, stated that the department
does not take official positions on allocative issues.
10:56:13 AM
REPRESENTATIVE MUNOZ asked how personal use is determined.
10:56:22 AM
MS. YUHAS said that a proposal is brought to the Board of
Fisheries (BOF), followed by public testimony, and eight
specific criteria are taken into account. Board action may then
result in the naming of an area for personal use. She deferred
to legal counsel for further comment.
10:57:24 AM
LANCE NELSON, Senior Assistant Attorney General, Natural
Resources Section, Department of Law, pointed out that personal
use only applies to fishing and said there is not a statutory
standard that the board considers prior to declaring a personal
use fishery. The BOF makes the determination without
consideration for tradition, culture, or other findings.
Historically, however, the board has created personal use
fisheries in areas designated as nonsubsistence. There have
been occasion when an area has not met the criteria to be named
for subsistence use, and the board has designated it for
personal use.
10:59:09 AM
CHAIR EDGMON opened public testimony.
10:59:19 AM
MATTHEW DONOHOE stated opposition to HB 266 and expressed
concern that the bill may represent a reallocation of, or a grab
for, a resource. He questioned the necessity for the
legislation.
11:01:04 AM
JOHN MURRAY stated opposition to HB 266 and reported that the
BOF prioritizes personal use fisheries in the Southeast area,
when it's deemed necessary. He speculated that the issue may
represent localized conflicts, which should be addressed through
the board process. Legislation does not appear to be necessary,
he said.
11:02:35 AM
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC),
stated support for HB 266. He informed the committee that the
AOC is currently in litigation with the BOF because of the
board's inability to comply with Article 8, Section 3, regarding
common use, of the Alaska State Constitution. He pointed out
that the bill will affect nonsubsistence areas as well.
11:03:36 AM
MELVIN GROVE, Member, Mat-Su Fish and Game Advisory Council,
Board Member, Alaska Outdoor Access Alliance, stated support for
HB 266 and said residents should have a prioritized opportunity
to catch fish. Under the Public Trust Doctrine, fish are not a
commercial resource. "The public should have every right to
catch their own over having to buy it at the store," he said.
11:05:01 AM
STEPHEN RUNYAN, Chairman, Susitna Valley Fish and Game Advisory
Committee, stated support for HB 266, reporting that personal
use fisheries are important in the Mat-Su Valley. He opined
that there should be fishing priority given to residents over
nonresidents and nonconsumptive uses.
11:07:17 AM
BYRON HALEY, President, Chitina Dip Netters Association, Board
Member, Alaska Fish and Wildlife Conservation Fund, stated
support for HB 266 and said that recently the Conservation Fund
Board voted unanimously in favor of the bill.
11:07:32 AM
KEN LARSON, Representative, Prince William Sound Charter Boat
Association, stated support for HB 266. He said, "The king
salmon fishery and the halibut fishery are treaty fish and [are]
federally managed." Referring to previous testimony, he opined
that Alaska has already experienced a resource grab with the
commercial fishery controlling 85 percent of the annual halibut
harvest, including the by-catch. Suggesting that HB 266 should
include a prioritization on fishing restrictions, from first to
last, he stated:
When the resource dictates that restrictions be
imposed, that we first restrict commercial fishery
access, then sport guide fishing secondly, then we
restrict nonguided sport fishing thirdly, personal use
fourthly, and subsistence would be the last priority.
11:09:08 AM
RICKY GEASE, Executive Director, Kenai River Sport Fishing
Association, stated support for HB 266 and said it is consistent
with other state policies regarding subsistence. Subsistence is
open to all state residents, and priority does exist for
designated subsistence areas. The bill follows the current
policy for prioritization based on conservation needs. There
are personal use fisheries for crab and shrimp as well, which
would benefit from this bill. He reported that over 95 percent
of all harvested fish are for commercial purposes.
11:11:55 AM
GERALD McCUNE, President, Cordova District Fishermen United,
stated opposition to HB 266 and reported that there are 350
resident commercial fishermen permitted for the Copper River.
The Copper River hosts personal use, commercial, subsistence,
and sport fisheries. [He held up a hand drawn map and indicated
the user areas.] He read from HB 266, page 1: "...to achieve
escapement goals, the BOF shall place restrictions on all other
fisheries before restricting personal use fisheries." Although
there is not currently a priority for personal use, he said the
first fishery shut down is the commercial fishery. He continued
to report on how the fishery is conducted, the run, run timing,
and allocations. Last year was a poor king return, for the
Copper River, and commercial fishing was limited to the ocean
area outside of a barrier at the mouth of the river. The
personal use fishery was not closed last year, despite the weak
run. He said there have been few restrictions on personal use.
11:16:05 AM
REPRESENTATIVE MILLETT asked whether this legislation might have
affected the Copper River had it been previously instituted.
MR. McCUNE responded yes it may have, particularly during the
low runs of the 1970's.
11:18:44 AM
REPRESENTATIVE MILLETT asked for a description of how the
escapement goals are established, and whether the Copper River
commercial fleet is confident with the numbers produced.
MR. McCUNE said the fleet is comfortable with how the fishery
management is handled. The Copper River is not very wide, hence
two sonar stations are utilized, and the escapement goal is
established following the initial two, twelve hour commercial
fishing periods, and extrapolating the number based on the 20
year history of the run.
11:20:55 AM
REPRESENTATIVE MILLETT surmised that some areas have developed
fisheries, appropriate technology, and historic data to make
confident projections. She asked how sophisticated the system
is in the Mat-Su area.
MR. NELSON suggested the fisheries managers may need to be
questioned on how this is handled. Index streams are used, and
sonar has been questionable regarding what type is most
effective. Many areas of the state do not have the capacity for
sophisticated monitoring, he said, and deferred to the
department for further comment.
MR. MULLIGAN reported that ADF&G has indicated that the sonar
system does not work well in the Mat-Su, and thus weir systems
have been utilized to provide a check.
11:26:04 AM
CHAIR EDGMON indicated that the department would be invited to
respond to these specific questions.
11:26:27 AM
CHERYL SUTTON reported on the management of the Cook Inlet
harvest, where she fishes. The commercial fishery must provide
enough escapement for personal and subsistence usage, not just
for spawning purposes. Additionally, personal use fishery
enforcement is an issue, due to the lack of manpower. She said
the commercial fishermen support the personal use fishery as a
resident fishery.
11:30:22 AM
MR. NELSON indicated that the sponsor's intent is to have
personal use be the second priority behind subsistence fishing.
However, the language of the available bill version does not
carry out that purpose, but rather creates a super priority for
personal use above all other uses, including subsistence.
Additionally, he said that the priority kicks in based on
escapement goals. There are many state fisheries that have
guideline harvest levels and other management policies, but not
escapement goals. Thus, the sponsor may choose to consider
different language and include species other than salmon. He
confirmed that the BOF currently has the authority to prefer
personal use over all uses, save subsistence. To the extent
that HB 266 would create a priority over sport, guided sport,
and commercial fishing, he said it would be helpful to have
legislative findings as to why that would be appropriate and
necessary. The bill does not contain reasons and justifications
for preferring the personal use fishery, which would be helpful
if the law needed to be defended in a constitutional challenge.
11:33:37 AM
CHAIR EDGMON stated that HB 266 would be held over and public
testimony would remain open.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB266--Sponsor Statement.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB266--Personal Use Fishery Data.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| SJR 22 Sponsor Statement.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| SJR 22 Press Release.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| CS for CSSJR22.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| CS for HB266 with Accompanying Materials.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| Sweetheart Creek and Juneau Area Personal Use Data--ADF&G.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB266 CDFU Opposition.pdf |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| SJR 22 NMFS Response to UCIDA Petition.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| Matt Donohoe LIO Testimony.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| SJR 22 SCADA Support.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| HB266--SCADA Support.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB266-DFG-BDS-02-09-10 Fiscal Note.pdf |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| SJR 22 2010 Fiscal Note.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 SJR 22 Fiscal Note 2010 |
| HB 266--Bonnie Borba Email.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB 266--Gary Miller Email.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB 266--Ricky Gease Email.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |