Legislature(2017 - 2018)GRUENBERG 120
02/07/2017 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| HB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 88 | TELECONFERENCED | |
HB 88-BOARD OF FISHERIES MEMBERSHIP
10:03:18 AM
CHAIR STUTES announced that the only order of business would be
HOUSE BILL NO. 88, "An Act relating to the composition of the
Board of Fisheries."
10:03:29 AM
REID HARRIS, Staff, Representative Louise Stutes, Alaska State
Legislature, introduced HB 88 stating that it would serve to
change the composition of the Board of Fisheries from seven to
nine members. He directed attention to the committee packet and
the two page handout on the sponsor's letterhead, providing a
brief history and information about the board. Referring to the
document Mr. Harris paraphrased sections of the contents, which
read as follows [original punctuation provided]:
DFG/BOF - Brief History
In 1949, the Territorial Legislature created the
Alaska Territorial Fishery Service in an attempt to
influence federal management practices that had
decimated salmon populations in Alaska. The
Territorial Fishery Service had no authority, but they
commented on federal regulations, conducted research,
and tried to influence the federal managers.
In 1957, in anticipation of statehood, the Territorial
legislature expanded and renamed the Alaska Fishery
Service to the Alaska Department of Fish and Game.
The first state legislature (January 1959 - March
1960) created the Board of Fish and Game and the fish
and game advisory committees system. The Board of
Fish and Game consisted of nine citizens appointed by
the Governor and confirmed by a majority vote of the
legislature. In spring 1975, the legislature
separated the Board of Fish and Game into separate
Boards, which continues today.
About the Board
The Alaska Board of Fisheries consists of seven
members serving three-year terms. Members are
appointed by the governor and confirmed by the
legislature. Members are appointed on the basis of
interest in public affairs, good judgment, knowledge,
and ability in the field of action of the board, with
a view to providing diversity of interest and points
of view in the membership (see Alaska Statute
16.05.221).
The Board of Fisheries' main role is to conserve and
develop the fishery resources of the state. This
involves setting seasons, bag limits, methods and
means for the state's subsistence, commercial, sport,
guided sport, and personal use fisheries, and it also
involves setting policy and direction for the
management of the state's fishery resources. The
board is charged with making allocative decisions, and
the department is responsible for management based on
those decisions.
The board has a three-year meeting cycle (PDF 32 kB).
The meetings generally occur from October through
March. The Board of Fisheries meets four to six times
per year in communities around the state to consider
proposed changes to fisheries regulations around the
state. The board uses the biological and
socioeconomic information provided by the Alaska
Department of Fish and Game, public comment received
from people inside and outside of the state, and
guidance from the Alaska Department of
Public Safety and Alaska Department of Law when
creating regulations that are sound and enforceable.
Board Process
Board of Fisheries
The Board of Fisheries is the state's regulatory
authority that passes regulations to conserve and
develop Alaska's fisheries resources. The Board of
Fisheries is charged with making allocative and
regulatory decisions. The board has seven members,
each appointed by the governor for a three year term.
Each member must be confirmed by a joint session of
the state legislature.
Commissioner
The commissioner is the principal executive for the
Alaska Department of Fish and Game; responsible for
the protection, management, conservation, and
restoration of Alaska's fish and game resources.
Joint Board
The Joint Board of Fisheries and Game set the
regulations for advisory committee guidelines. These
include the establishment of advisory committees,
setting the number of seats by community if more than
one community is represented on the committee, and
setting the guidelines for uniform rules of operation.
The composition of advisory committees can be changed
by the Joint Board after they receive a proposal and
meet to act on the proposal.
Advisory Committees
Advisory committees are the local groups authorized by
state law to provide recommendations to the boards on
fishing and wildlife issues. There are 84 committees
throughout the state each with expertise in a
particular local area. Meetings are always open to
the public and are generally attended by department
staff and members of the public who can offer
background information on agenda topics. Advisory
Committees are intended to provide a local forum on
fish and wildlife issues, and are critical policy
bodies to the boards.
MR. HARRIS referred to the attached $85,300 fiscal note, which
covers travel and per diem for members attending meetings. He
said the details of the expenses are provided on page 2 of the
note, and pointed out the personal services honorariums
[$14,958] and travel [$9,990] costs to call attention to the
increases shown; previous three year averages were $12,700 and
7,800 respectively.
CHAIR STUTES opened public testimony.
10:06:57 AM
RICHARD DAVIS, Representative, Seafood Producers Cooperative,
stated opposition to HB 88, paraphrasing from a prepared
statement, which read as follows [original punctuation
provided]:
Our association is unaware of even isolated fishing
industry support, or any compelling rationale for
increasing the size of the Board of Fish.
Governor selections for appointment to Alaska's Board
of Fish will always be subjective and controversial to
somebody. (Effort to appease or please a greater
number of Alaskans by increasing the number of choices
at the "Pot Luck" will only intensify the Food Fight.)
Reducing expense, and cost of government and the
budget deficit, render additional expenses required to
support an enlarged BOF, unaffordable and unnecessary.
Conflict of interest requirements that commercial
fishermen and Alaskans with economic family ties to
fish resources must conform to, and comply with, are
the essential BOF change that our industry is on
record trying to achieve over the past three decades.
We submit humbly that satisfying the public's
expectations of the Board of Fish process is a
subjective exercise that two additional BOF appointees
will not accomplish.
10:09:40 AM
REPRESENTATIVE TARR acknowledged that striking a balance, when
seating the board, has been a long standing issue; however, HB
88 doesn't address that issue. The bill adds members, but
doesn't designate the seats to a member representing a user type
or region. Concerns also revolve around members having to be
conflicted out of deliberations due to business interests, she
added, and asked for comment.
MR. DAVIS predicted that [fishery/user] allocations will be an
issue in the state as long as only one board is in charge, as it
has been a continuing rub. He recalled that the previous
governor (Sean Parnell) made investigative, statewide inquiries
that resulted in suggestions, but no recommendations, to improve
the process, including appointing regional boards to save state
dollars and create time efficiencies. At that time,
consideration was also given to appointing a professional versus
a lay board, maintaining the one board system, and rotating
meetings through regions on a four or five year cycle rather
than the current three year. Reconfiguring the board to
integrate these suggestions would be a welcome change, but
expanding to nine members, with the status quo, isn't as
palatable, he finished.
10:15:05 AM
CHAIR STUTES asked the department to address the issue of
members having to conflict out of board deliberations.
MR. HAIGHT Executive Director, Board of Fisheries, Boards
Support Section, responded that the ethics act requires members
to make advance disclosures regarding issues from which they
expect to recuse themselves. To follow-up questions, he
elaborated that the conflict out disclosures are made in advance
and the chair makes the call unilaterally. The recused members
sit-out without discussing or voting, during the specified
deliberations.
CHAIR STUTES asked whether there are limits or parameters on
geographical appointees to the board.
MR. HAIGHT answered, "Specifically not." He said statute seeks
members who have other strong characteristics and directly
specifies that appointments will not be made based on geographic
preference or political affiliation.
10:18:00 AM
REPRESENTATIVE ORTIZ pondered whether a member's conflicting out
of deliberations, and refraining from all participation on a
topic, results in a loss of shared expertise.
MR. HAIGHT concurred that recused members often represent a
voice of experience and expertise.
10:19:34 AM
REPRESENTATIVE TARR noted that a conflicted-out individual may
be the best informed member, and pondered whether having two
additional members, providing additional diversity, could help
to avoid that situation.
MR. HAIGHT acknowledged that the two additional members may not
replace the expertise, but could still be primary contributors.
To a follow-up question, he offered to provide information to
the committee regarding the board review, compiled as a cost
saving survey, as mentioned in Mr. Davis' testimony.
10:22:05 AM
REPRESENTATIVE EASTMAN asked what the quorum requirements are,
for the board.
MR. HAIGHT replied that four members must agree in order for a
proposed action to carry, which would become five under HB 88.
10:23:01 AM
REPRESENTATIVE ORTIZ inquired about the cost for adding two
members.
MR. HAIGHT referred to the $85,300 as reflected in the fiscal
note, based on a two year average. The meetings may need to be
extended, due to the additional members, he opined.
REPRESENTATIVE ORTIZ asked about the possibility of organizing
meetings utilizing technological methods for participation.
MR. HAIGHT responded that various approaches have been
considered, especially when travel restrictions are imposed.
However, the meetings are an interactive process, and often
crucial dynamics would be missed if persons weren't in the same
locale.
10:26:03 AM
REPRESENTATIVE CHENAULT called a point of order to question
Representative Ortiz's presence at the committee dais and
whether other legislative members would be welcomed to
participate in the committee proceedings.
CHAIR STUTES responded that any member that is a committee
alternate may be seated and allowed to participate at the
discretion of the chair.
10:27:09 AM
WES HUMBYRD expressed concern for adding two additional members
appointed by the governor. However, if the seats could be
designated for retired Alaska Department of Fish & Game (ADF&G)
biologists or other scientists, to bring that point of view, it
would be helpful. He said there is a problem when members of
the board are conflicted out of an issue. Two professional
board members would be a great asset, he stressed.
10:29:45 AM
REPRESENTATIVE TARR expressed intrigue at the suggestion that
the two proposed members should be categorically different than
the other members. The department handles the science and
research, isolating that aspect from the political realm. She
cautioned that the board should not become a forum to dispute
science, which could happen if the board constituted a blend of
seats that included scientists.
MR. HUMBYRD said conflicts often occur and something does need
to change, due to the strong politics that currently exist. He
recalled with dismay that the last time a Cook Inlet fisherman
was appointed was 1975. Two people from the professional side,
perhaps the [ADF&G Divisions of] Sport Fish and Commercial
Fisheries, sitting on the board, exempt from the requirement of
legislative confirmation, could only be a good thing, he opined.
10:32:58 AM
JOHN MCCOMBS stated opposition for HB 88 and described his
observations of the board cycle. He said cutting the ADF&G
local advisory committees has been a detriment and appointing
two additional board members will only serve to add time and
expense to an already cumbersome process. He expressed interest
in having regional appointees.
10:35:14 AM
CLAY COPLIN, Mayor, stated support for HB 88 and said having
additional talent, a broader perspective, and expanded
representation on the board will be a positive action. He
reported on making a search of the Cordova/Prince William Sound
(POW) area for a person to nominate to the board. The primary
economic pursuit in the region is fishing, which would result in
a conflicting out situation, thus, the most knowledgeable
candidates were eliminated. Additionally, the time commitment
the board requires was a hindrance, and he was unable to provide
a nominee. It's been 20-30 years since a local person from the
POW area has served. Considering the need to support and
maintain the fishing industry, he said the measures proposed in
HB 88 could prove to be helpful.
10:38:32 AM
GEORGE PIERCE stated support for HB 88 and said it's a good
idea. No experts sit on the board, and two members could be
added, or twenty two, but without appointing scientists and
biologists, he said, "you're not fixing the problem." Special
interest groups control the fish and game, he opined, and
elaborated on the formation of his opinion. The meetings should
be held in the areas where the proposals originate and where
decisions will have a direct effect, he suggested.
10:40:33 AM
STEVE VANEK stated opposition to HB 88 and cited his 30 plus
years of service sitting on a number of fisheries related
boards. He maintained that the addition of two more members
will only lengthen the process, and expense. He weighed-in on
the discussion of designated seat appointments to offer reasons
why the suggestions for seating department members would not be
viable. The board will not be fixed by adding two members, he
reiterated, and said it would only make it more political.
CHAIR STUTES announced HB 88 a held.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB088 Sponsor Statement 1.30.17.pdf |
HFSH 2/7/2017 10:00:00 AM |
HB 88 |
| HB088 ver A.PDF |
HFSH 2/7/2017 10:00:00 AM |
HB 88 |
| HB088 Fiscal Note DFG-BBS-02-03-2017.pdf |
HFSH 2/7/2017 10:00:00 AM |
HB 88 |
| HB088 Supporting Document BOF Information.pdf |
HFSH 2/7/2017 10:00:00 AM |
HB 88 |
| HB088 Oppose SEAFA.pdf |
HFSH 2/7/2017 10:00:00 AM |
HB 88 |
| HB088 Oppose USAG.pdf |
HFSH 2/7/2017 10:00:00 AM |
HB 88 |
| HB088 Amend #2 Fansler.PDF |
HFSH 2/7/2017 10:00:00 AM |
HB 88 |
| HB088 Amend #1 Chenault.pdf |
HFSH 2/7/2017 10:00:00 AM |
HB 88 |