Legislature(2011 - 2012)CAPITOL 120

02/17/2011 05:00 PM House FISHERIES


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05:06:06 PM Start
05:06:18 PM Overview(s): North Pacific Fisheries Management Council (npfmc)
05:57:36 PM HB141
06:37:25 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: North Pacific Fisheries Management TELECONFERENCED
Council
+ - Presentations by Chris Oliver, Executive TELECONFERENCED
Director & Stefanie Moreland, ADF&G Federal
Fisheries Coordinator
*+ HB 141 LOANS TO COMMUNITY QUOTA ENTITIES/PERMITS TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 141-LOANS TO COMMUNITY QUOTA ENTITIES/PERMITS                                                                    
                                                                                                                                
The committee took an at-ease from 5:56 p.m. to 5:57 p.m.                                                                       
                                                                                                                                
5:57:36 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON  announced that the  final order of  business would                                                              
be  HOUSE  BILL  NO.  141,  "An Act  relating  to  loans  for  the                                                              
purchase  of  fishing  quota shares  by  certain  community  quota                                                              
entities; and providing for an effective date."                                                                                 
                                                                                                                                
5:57:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN, introduced  HB  141, paraphrasing  from                                                              
the   sponsor  statement,   which   read   as  follows   [original                                                              
punctuation provided]:                                                                                                          
                                                                                                                                
     The Community  Quota Entity (CQE) program  was developed                                                                   
     in   2004  by   the   federal  North   Pacific   Fishery                                                                   
     Management  Council  to help  communities  maintain  and                                                                   
     build  involvement   in  the   halibut  and  black   cod                                                                   
     longline  fisheries.    The  CQE  program  provided  the                                                                   
     legal  opportunity for  communities  to form  non-profit                                                                   
     organizations  to  purchase   individual  fishing  quota                                                                   
     (IFQ),   anchoring   fishery  participation   in   these                                                                   
     coastal   communities.       In   response,   the   23rd                                                                   
     Legislature  modified the  Commercial Fishing  Revolving                                                                   
     Loan Fund  to provide  authorization to finance  fishing                                                                   
     quota for CQEs.                                                                                                            
                                                                                                                                
     Despite  the  Alaska Legislature's  initial  efforts  to                                                                   
     provide  financing to  the communities,  only two of  42                                                                   
     eligible  communities  have   procured  quota  share  to                                                                   
     date.   In fact, small  coastal communities  continue to                                                                   
     see a significant  out-migration of fisherman  and quota                                                                   
     shares,  leaving  them  with  limited or  no  access  to                                                                   
     fisheries occurring just off their shores.                                                                                 
                                                                                                                                
     House  Bill 141  will modify  the financial  instruments                                                                   
     the   state   has   previously   provided,   to   assist                                                                   
     communities  to participate in  the program and  bolster                                                                   
     their  economies.     By  establishing   an  independent                                                                   
     revolving   loan   fund  modeled   upon   the   existing                                                                   
     Commercial  Fishing  Revolving Loan  Fund,  HB 141  will                                                                   
     enable  the   state  to  structure  a   successful  loan                                                                   
     program  that supports rural  community development  and                                                                   
     strengthens Alaska's coastal regions.                                                                                      
                                                                                                                                
     An   active  commercial   fishing  fleet   in  a   rural                                                                   
     community  employs  residents,  provides  tax  revenues,                                                                   
     and  spends  income  locally, which  has  a  substantial                                                                   
     multiplier effect  in small communities.  This  piece of                                                                   
     legislation  is  an  important  tool  to  support  rural                                                                   
     coastal  communities and  develop sustainable  economies                                                                   
     throughout the state.                                                                                                      
                                                                                                                                
6:02:23 PM                                                                                                                    
                                                                                                                                
DUNCAN   FIELDS,   Vice   President,    Fisheries   and   Economic                                                              
Development,  Old Harbor  Native  Corporation, introduced  himself                                                              
as a fisheries advocate and active fisheries consultant.                                                                        
                                                                                                                                
6:03:08 PM                                                                                                                    
                                                                                                                                
OLE  OLSEN,  Board  Member, Gulf  of  Alaska  Coastal  Communities                                                              
Coalition (GOAC3),  stated that, being born into  a Kodiak fishing                                                              
family,  he has  a lifelong  history with  Alaskan fisheries,  and                                                              
has  been involved  with the  Gulf of  Alaska Coastal  Communities                                                              
Coalition (GOAC3) since it was formed.                                                                                          
                                                                                                                                
6:03:44 PM                                                                                                                    
                                                                                                                                
MR. FIELDS  stated support  for HB 141,  and pointed out  that the                                                              
committee packet  includes [five]  pages of written  testimony and                                                              
supplemental material,  which he  submitted.  He  underscored that                                                              
HB 141 is a culmination of six years of work; not a new concept.                                                                
                                                                                                                                
6:04:49 PM                                                                                                                    
                                                                                                                                
MR.  OLSEN directed  attention to  the  committee packet  handouts                                                              
titled  "Community  Quota  Entities   (CQEs),"  dated  2/17-18/09,                                                              
prepared  by the Restricted  Access Management  (RAM) division  of                                                              
the National  Oceanic &  Atmospheric Administration  (NOAA), which                                                              
contain   a   history   of   CQEs   and   supporting   statistical                                                              
information.  He  described the development of  individual fishing                                                              
quotas (IFQs), beginning  with the inception of  limited entry and                                                              
the effect  it has  had on the  coastal community fishing  fleets,                                                              
as  a continual  erosion of  fishery access  to these  areas.   In                                                              
1998  CQE's  were  created  under   federal  law  to  address  the                                                              
situation  and assist  coastal communities  to  rebuild the  local                                                              
industry.                                                                                                                       
                                                                                                                                
6:07:46 PM                                                                                                                    
                                                                                                                                
MR. OLSEN provided  an example of what occurred in  Old Harbor and                                                              
the  effect  that the  IFQ  has  had through  the  rationalization                                                              
program.   The  fleet has  been significantly  reduced, and  every                                                              
coastal community has  felt similar effects.  The CQE  was seen as                                                              
a means to  level the playing field and  regenerate opportunities.                                                              
Forty-five   coastal    communities,   with   less    than   1,500                                                              
inhabitants,   and  not   connected  to   the  road  system   were                                                              
identified  as  eligible  to  organize into  CQE's.    He  further                                                              
explained  how  the CQEs  were  formed  using  a point  system  to                                                              
distribute an equitable quota, and allow community governance.                                                                  
                                                                                                                                
MR. FIELDS interjected that the issue has been funding.                                                                         
                                                                                                                                
6:12:17 PM                                                                                                                    
                                                                                                                                
MR. OLSEN stated  that, in 2004, the opportunity  to purchase CQEs                                                              
was  extended, but  immediately  met with  the lack  of a  funding                                                              
mechanism.     Lending  institutions  could  not   be  approached,                                                              
federal  sources  were not  a  fit,  and  the state  loan  package                                                              
requirements  were prohibitive.    In the  case of  Old Harbor,  a                                                              
fisherman was  able to provide backing,  and of the 20  CQE's that                                                              
have formed,  it is  the only  one operating,  due to the  funding                                                              
issue.                                                                                                                          
                                                                                                                                
6:15:03 PM                                                                                                                    
                                                                                                                                
MR. FIELDS  reviewed the  provisions of the  bill, stating  that a                                                              
long  term loan  is important  for  a CQE,  as it  is about  quota                                                              
share,  in the  community, in  perpetuity.   The second  provision                                                              
requires  a  down  payment  of   five  percent,  which  should  be                                                              
possible; a higher  rate would be a barrier.   The third provision                                                              
is  the  interest  rate  of  prime  plus  two  percent,  which  is                                                              
standard;  however, he suggested,  an incentive  would be  created                                                              
if it were  lowered to prime plus  one percent.  Finally,  he said                                                              
an essential  provision  is the  ability, as  stated in the  bill,                                                              
for a  CQE to ask  for postponement or  deferment of  the interest                                                              
on  the principle,  for  up to  ten years.    The deferment  would                                                              
eventually be  paid back, but  allowing this  on the front  end of                                                              
the loan,  is critical  to enable  the CQE  to build up  reserves;                                                              
necessary in a fluctuating fishery industry.                                                                                    
                                                                                                                                
6:17:26 PM                                                                                                                    
                                                                                                                                
TIM GREENE,  Representative, Nanwalek  IRA (Indian  Reorganization                                                              
Act) Village  Council, stated  support for HB  141, and  said that                                                              
the  CQE  has been  a  total  failure,  noting  that only  one  is                                                              
operational.    He  reported  that  the  North  Pacific  Fisheries                                                              
Management  Council (NPFMC) has  been unwilling  to meet  with the                                                              
village council  claiming  exemption from  EO 13175, which  states                                                              
that  all   federal  agencies   are  to   provide  government   to                                                              
government consultation to tribal entities.  Finally, he said:                                                                  
                                                                                                                                
     I  support HB  141.   It gives  a  chance for  a CQE  to                                                                   
     possibly  make a purchase.  ... But  there's nothing  to                                                                   
     purchase.   So that can  be the next  thing that  can be                                                                   
     resolved.                                                                                                                  
                                                                                                                                
6:21:14 PM                                                                                                                    
                                                                                                                                
BILL LUCEY, Coastal  Planner, City and Borough  of Yakutat, stated                                                              
support  for HB  141, and said  there  has been an  active CQE  in                                                              
Yakutat  for  about   four  years.    Periodically   the  cost  is                                                              
evaluated and  the numbers do not  pencil out.  He  predicted that                                                              
HB 141  could help with the  financial situation, and  the program                                                              
could  be  a huge  benefit  to  the area,  generating  upwards  of                                                              
$600,000  through  the  CQE  non-profit.    The  infusion  of  the                                                              
revenues  would  provide  the  community  with  a  great  deal  of                                                              
infrastructure security.                                                                                                        
                                                                                                                                
6:23:45 PM                                                                                                                    
                                                                                                                                
GALE   VICK,   Executive   Director,  Gulf   of   Alaska   Coastal                                                              
Communities  Coalition (GOAC3),  stated  support for  HB 141,  and                                                              
said the CQE  would be a viable, sustainable  program, if provided                                                              
with a  financial mechanism.   The  bill will  provide a  positive                                                              
economic stimulus.                                                                                                              
                                                                                                                                
6:26:04 PM                                                                                                                    
                                                                                                                                
PATRICIA   BROWN   SCHWALENBERG,   Executive   Director,   Chugach                                                              
Regional Resources  Commission (CRRC), stated support  for HB 141,                                                              
and  indicated  that  the  commission has  been  involved  in  the                                                              
evolution of the  CQE program.  Two years ago a  workshop was held                                                              
on forming CQE's,  but obtaining financing has  not been possible.                                                              
Funding  options  are  essential   to  get  this  program  up  and                                                              
running.                                                                                                                        
                                                                                                                                
6:28:28 PM                                                                                                                    
                                                                                                                                
BOB   HENRICKS,   Board   Member,   Chugach   Regional   Resources                                                              
Commission (CRRC),  stated support for HB 141, and  said this loan                                                              
program  is desperately  needed  to  get the  CQE  groups off  the                                                              
ground.  He said:                                                                                                               
                                                                                                                                
     We're  almost back to  the days  before statehood,  when                                                                   
     all  of the  fishermen,  and  all the  processors,  were                                                                   
     from   the  south   forty-eight,   and  controlled   our                                                                   
     resources.                                                                                                                 
                                                                                                                                
6:29:29 PM                                                                                                                    
                                                                                                                                
TONY  GREGORIO, Fisherman,  stated support  for HB  141, and  said                                                              
that it  will help  the villagers to  help themselves,  and create                                                              
an economic base.                                                                                                               
                                                                                                                                
6:31:22 PM                                                                                                                    
                                                                                                                                
FREDDIE CHRISTIANSEN,  Fisherman, stated  support for HB  141, and                                                              
said  this  would make  CQE's  plausible,  and stressed  that  the                                                              
program is needed in coastal communities.                                                                                       
                                                                                                                                
CHAIR THOMPSON closed public testimony.                                                                                         
                                                                                                                                
6:35:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  stated support for HB 141, and  said it is                                                              
the  type of  legislation that  provides  people a  means to  help                                                              
themselves.                                                                                                                     
                                                                                                                                
REPRESENTATIVE PRUITT concurred and stated support for HB 141.                                                                  
                                                                                                                                
6:36:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON moved  to report  HB 141 27-LS0158\I,  out                                                              
of   committee,   with   individual    recommendations   and   the                                                              
accompanying fiscal  notes.  There being no objection,  HB 141 was                                                              
moved from the House Special Committee on Fisheries.                                                                            

Document Name Date/Time Subjects
North Pacific Fishery Management Council Overview 2011.pdf HFSH 2/17/2011 5:00:00 PM
HB 141 - Sponsor Statement.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - Version I.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - Yakutat Ltr - Support.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - Sectional Analysis.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - Duncan Ltr - Support.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - Duncan Ltr - Supporting Data - Support.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - IFQ Community Holdings - 1995-2009 - NOAA.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - Community Quota Entity - Program Summary - 2009.PDF HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - Ivanof Bay Tribe Resolution - Support.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - Bay View Incorporated Resolution - Support.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141-Fiscal Note - DCCED.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - GOAC3 Testimony - Support.pdf HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - CQE Program Review - Feb 2010.PDF HFSH 2/17/2011 5:00:00 PM
HB 141
HB 141 - SWAMC Ltr - Support.pdf HFSH 2/17/2011 5:00:00 PM
HB 141