Legislature(2015 - 2016)CAPITOL 120
02/12/2015 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| HB41 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 41 | TELECONFERENCED | |
HB 41-SPORT FISHING SERVICES
10:05:47 AM
CHAIR STUTES announced that the only order of business would be
HOUSE BILL NO. 41, "An Act relating to sport fishing services,
sport fishing operators, and sport fishing guides; and providing
for an effective date."
10:06:53 AM
REPRESENTATIVE JOHNSON moved Committee Substitute (CS) for HB
41, Version 19-LS0238\H, Bullard, 2/7/15, as the working
document.
CHAIR STUTES objected for discussion.
10:07:31 AM
REPRESENTATIVE KATHY TILTON, Alaska State Legislature, thanked
the committee for hearing the bill and deferred to staff for an
explanation of the changes represented in the CS.
10:08:21 AM
HEATH HILYARD, Staff, Representative Kathy Tilton, Alaska State
Legislature, directed attention to the CS, page 10, to point out
the changes in the effective dates, Sec. 12-16, lines 25-30. He
explained that Alaska Department of Fish & Game (ADF&G)
expressed a conflict with implementing the statute in 2015, and
accord was reached by pushing the effective date back one year.
10:09:37 AM
CHAIR STUTES removed her objection and, without further
objection, Version H was before the committee.
10:09:47 AM
MR. HILYARD explained that the original sport fishing guide
licensure had a sunset date of 12/31/14. The expiration was not
a policy call on the part of the 28th Alaska State Legislature,
but essentially a function of logistics and mechanics, with the
resultant unintended consequence of a sunset on this licensure;
basically the result of political maneuvers at the time. He
pointed out that he would be using the terms charter, sport
fishing, and guided recreational, interchangeably for the
purposes of this presentation. The bill re-establishes the
sport fishing guide and operator licenses, and amends the
previously existing fee structure to double licensing fees, thus
ensuring a budget neutral action. As the sport fishing
representative on the advisory panel, he said he has had
conversations with charter operators and regulatory agencies
regarding the need for this legislation. On request of a
committee member for a review of the fiscal note, he deferred.
10:12:50 AM
CRYSTAL KOENEMAN, Staff, Representative Cathy Munoz, Alaska
State Legislature, reviewed the fiscal note information and the
increases, paraphrasing from the sectional analysis, which read
[original punctuation provided]:
Section 1 - Retroactive to January 1, 2015;
establishes license fees at the current rate of $100
for operators, $50 for guides, and $100 combined.
Section 2 - Effective January 1, 2016; increases
license fees to $150 for operator, $75.00 for guides,
and $150 combined.
Section 3 - Effective January 1, 2017; increases
license fees to $200 for operator, $100 for guides,
and $200 combined.
MS. KOENEMAN added that the projected revenues are: FY16 -
$205,000, FY17 - $308,000, and FY18 and subsequent years -
$411,200. The operating costs for the program are about
$382,700. She said the department considers this to be adequate
to cover the program and provide an appropriate buffer for the
coming years, while maintaining a neutral budget figure.
10:15:16 AM
CHAIR STUTES opened public testimony.
10:15:46 AM
CHRIS CONDOR, Captain, Rum Runner Charters, Vice President,
Juneau Charter Operators, testified in support of HB 41 and said
the program has been essential in ensuring quality,
standardized, charter service. Under this program, ADF&G
licensed operators have been required to hold a captain's
license, carry appropriate insurance, demonstrate on-board first
aid measures, and maintain a department required log book for
documentation of the fishing effort activities on the boat.
Through these measures the public has had a level of protection
and the department has received accurate data for management
purposes. He said that the charter boat fleet supports the bill
and the proposed, self-sustaining fee structure. Program costs
might also be reduced by eliminating some of the data lines
currently required in the log book. He pointed out that some of
the data points are never tabulated and there are also halibut
catch entries that are specific for the federal government. The
federal government should be contributing for that data, he
opined, and stressed that, primarily the information gathered is
important. He directed attention to the committee packet and
the letters of support therein.
10:18:14 AM
REPRESENTATIVE KREISS-TOMKINS noted that there appears to be
broad support in the charter fleet for this measure.
MR. CONDOR agreed. He qualified that the support he is
reporting applies to the Southeast region, and pointed out that
the Kenai operators hold other viewpoints.
10:19:27 AM
TOM BROOKOVER, Acting Director, Division of Sport Fish, Alaska
Department of Fish & Game (ADF&G), provided official support for
HB 41, and recounted the department's original support for the
program.
10:20:16 AM
REPRESENTATIVE HERRON referred to the CS, Sec. 8, to ask why
there is a "carve-out" for the Kenai area, if it is important to
have in the proposed CS, and whether the division supports this
action.
MR. BROOKOVER stated his understanding that Sec. 8 provides a
waiver for the requirement that guides attend the Kenai Guide
Academy, with specific conditions for application. He said the
department is neutral on that aspect, and conjectured that the
measure may have an impact on the Department of Natural
Resources.
REPRESENTATIVE HERRON assumed that the cited carve-out is not
appropriate for any other location in Alaska; strictly a Kenai
concern.
MR. BROOKOVER clarified that the provision applies to the Kenai
River special management area alone, making it a local issue.
MR. HILYARD offered that, in order to guide on the Kenai, a
certification course must be completed. The section allows a
guide to waive completion of the course, specifically for an in-
season hire.
10:23:03 AM
REPRESENTATIVE KREISS-TOMKINS requested further information on
the importance of the ADF&G log book.
MR. BROOKOVER said that it is the primary vehicle for obtaining
information for the department's data base. It contains a
comprehensive daily accounting of a charter vessel's fishing
activities.
10:25:10 AM
REPRESENTATIVE JOHNSON asked whether six positions were
terminated when the program reached sunset.
MR. BROOKOVER responded, no. The department understood the
ramifications that would occur, should the sunset be realized.
Working with the Department of Law, ADF&G preemptively modified
the regulations to accommodate the impending deficit. The six
positions were assigned to make the modifications. Changes,
such as stipulating "register" to replace "license," in
regulation, were necessary to continue the log book program
without interruption.
REPRESENTATIVE JOHNSON questioned the need for six people [added
positions shown in the fiscal note].
MR. BROOKOVER explained that an implementation of the log book
program requires major effort and that the duties of the
positions were shifted, not added.
MS. KOENEMAN offered to provide additional information on the
request for personnel.
10:28:51 AM
REPRESENTATIVE KREISS-TOMKINS asked whether the standard time
period for the sunset of licensure bills is 10 years.
MS. KOENEMAN responded that time limits are a policy call. The
original program was for 10 years, and it is the purview of
Legislative Audit Division to recommend the sunset dates.
10:30:19 AM
MONTE ROBERTS, Member, Kenai Advisory Committee, testified in
opposition to HB 41, recalling that the Kenai charter operators
originally supported the concept for charter operators to be
licensed. The original program as an addition to the stringent
practices already in place for the Kenai area. The log book
requirement was new and penalties for reporting were put in
place that became cumbersome. The operators were supportive for
the ten year period and looked forward to the sunset date. He
reported that the program has become a hammer for the department
and a disproportionate tool; using the log book data to
extrapolate on the pressure to a fishery from non-
licensed/reporting user groups. He provided anecdotal
situations where violations might occur, suggesting the need for
attention/amendment. The allowance for Kenai charter operators
to have the Sec. 8 waiver option is important, he said, as the
college offers the required course only twice per year, and an
operator could be put out of business depending on life
circumstances. The bill could be written to be supportable, he
said, but maintained opposition given the current language
regarding penalty violations.
The committee took a brief at-ease at 10:35.
10:35:20 AM
CHAIR STUTES closed public testimony after ascertaining that no
one further wished to testify.
10:36:24 AM
CHAIR STUTES questioned where the violation penalty information
is contained in the bill, as mentioned by the witness from
Soldotna.
MR.HILYARD answered that the overall statute does contain
violation measures; however, HB 41 only reestablishes the
licensure requirement and does not address penalties.
10:37:27 AM
REPRESENTATIVE ORTIZ queried the possibility for charter
operators to be regulated on a limited entry basis.
MR.HILYARD said there appear to be problems surrounding the
possibility for establishing a true, direct, charter fleet
limited entry program, and recalled past efforts dating from the
late 1990's. However, the National Marine Fisheries Service
(NMFS) did, in recent years, impose a limited entry on the
charter halibut fishery and permits were issued.
10:39:49 AM
REPRESENTATIVE JOHNSON expressed concern for the accuracy of the
fiscal note, as it is written showing only expenses, but said he
would not object to the will of the committee.
10:41:32 AM
REPRESENTATIVE JOHNSON moved CSHB 41, Version H, with the
forthcoming and attached fiscal notes. Without objection, CSHB
41(FSH), Version 29-LS0238\H, Bullard, 1/7/15 was reported from
the House Special Committee on Fisheries.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 41.PDF |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Sponsor Statement.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Sectional Analysis.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Supporting, Burchfield.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Supporting, Cummings.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Supporting, Haney.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Supporting, JCBOA.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Supporting, RumRunner.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Draft Committee Substitute.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Explanation of Changes.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Fiscal Note.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Fiscal Note Ver H LEG.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Fiscal Note Ver H DFG.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Supporting, SEAGO.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Fiscal Note Version H DFG updated.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Supporting, ACA.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |
| HB 41 Version E.pdf |
HFSH 2/12/2015 10:00:00 AM |
HB 41 |