Legislature(2023 - 2024)GRUENBERG 120
02/06/2024 10:00 AM House FISHERIES
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Audio | Topic |
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Start | |
HB195 | |
Alaska's Hatcheries Updates | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
*+ | HB 295 | TELECONFERENCED | |
*+ | HB 195 | TELECONFERENCED | |
HB 195-COOK INLET: NEW ADMIN AREA;PERMIT BUYBACK 10:06:32 AM CHAIR VANCE announced that the first order of business would be HOUSE BILL NO. 195, "An Act relating to the powers of the Alaska Commercial Fisheries Entry Commission; relating to administrative areas for regulation of certain commercial set net entry permits; establishing a buy-back program for certain set net entry permits; providing for the termination of state set net tract leases under the buy-back program; closing certain water to commercial fishing; and providing for an effective date." 10:07:02 AM REPRESENTATIVE JUSTIN RUFFRIDGE, Alaska State Legislature, as prime sponsor, introduced HB 195. He explained that fishing, commercial fishing, and subsistence fishing are a part of an Alaskan way of life. In his area there is a significant issue that is starting to be mirrored in other areas of the state. Decisions are being made to prioritize certain types of fish, species of fish, or type of fishery. This has been seen in the Kenai River and other tributaries on the Kenai Peninsula where the large king salmon run is prioritized, and the set net fishery has taken a hit. For example, last year the sockeye run was completely closed to the set netters. There is certainly a management decision involved, but another component is that there are a lot of permits that have been issued over the course of the years, so there are now hundreds of permits. This brings about the question of how to reduce the number of permits and nets in the water, and how permit holders can be encouraged to hand permits back. Waters would then be closed, and those permits would not be issued again. This would potentially increase the fish in the river and reduce the bycatch. Versions of this bill have been seen in the legislature before, but changes have been made. Previous versions included obligations for state general funds for the buyback, but this bill is not intended to cost the state any money. 10:10:25 AM SABINA BRAUN, Staff, Representative Justin Ruffridge, Alaska State Legislature, on behalf of Representative Ruffridge, prime sponsor, presented the sectional analysis for HB 195 [included in the committee packet], which read as follows [original punctuation provided]: Section 1 Amends the uncodified law of the State of Alaska by adding a new section which establishes that this legislation may be known as the East Side of Cook Inlet Set Net Fleet Reduction Act. Section 2 Amends the uncodified law of the State of Alaska by adding new Legislative findings and intent relating to the bill. Section 3 Amends AS 16.43.200 by adding 2 new subsections: (c) Establishes an area of the Upper Subdistrict of the Cook Inlet Central District as a distinct administrative area separate from the Cook Inlet Central District on December 31, 2023. This area is made up of the statistical areas identified on January 1, 2023, as 244-21, 244- 22, 244-31, 244-32, 244-41 and 244-42. (d) Provides that an individual who has a set net permit for the Cook Inlet Central District on December 31, 2023, is not entitled to set net in the administrative area created under this section as of January 1, 2023, unless the permit has been reassigned to that new administrative area. Section 4 Amends the uncodified law of the State of Alaska by adding a new section which provides how the commission will determine whether an individual who holds a set net entry permit in the Cook Inlet Central District on January 1, 2024 is reassigned an entry permit for the administrative area established under AS 16.43.200(c) (added by sec. 3 of the bill) or the portion of the Cook Inlet Central District that was not assigned into the administrative area established under AS 16.43.200(c). Section 5 Amends the uncodified law of the State of Alaska by adding a new section which defines the appeals process in the new administrative area. This section provides that a provisional license will be issued pending resolution of an appeal, and the provisional permit holder may cast a provisional ballot in the election established under section 6. Section 6 Amends the uncodified law of the State of Alaska by adding a new section which requires on April 1, 2024, an election be conducted by the commission among persons holding permits in the new administrative area, to affirm support or opposition to a buy-back program. Requires the commission provide public notice of the election, hold public meetings concerning the election, and clarify the details of the buy-back program to those participating in the election. Section 7 Amends the uncodified law of the State of Alaska by adding a new section which establishes the set net entry permit buy-back program for certain permits fished in the administrative area established under AS 16.43.200(c) (added by sec. 3 of the bill). This section will only take effect if approved in an election by the set net entry permit holders in the administrative area established under AS 16.43.200(c). If it is approved, the buyback program will become law 30 days following notification of the Lt. Governor (see secs. 9 and 11). Sets qualifications for participation in the program, provides the buy-back price for permits, requires that the purchased permits be cancelled and not re-issued, provides that certain waters that were fished with permits purchased under the program will be closed to future commercial salmon fishing, and specifies other details of the buy-back program. Section 8 Amends the uncodified law of the State of Alaska by adding a new section which requires the commission to provide a written report to the Legislature on the status of the program not later than January 15, 2030. Section 9 Amends the uncodified law of the State of Alaska by adding a new section which requires the chair of the commission to notify the Lieutenant Governor and the Revisor of Statutes of the outcome of the election held under section 6. Section 10 Repeals sections 1, 2, 7 and 8 on June 30, 2030. Section 11 Amends the uncodified law of the State of Alaska by adding a new section which provides that secs. 1, 2, 7, and 8 take effect only if notice is provided under section 9 that the buy-back program established under section 7 was approved. Section 12 Effective Date Clause. Section 4 of the bill takes effect January 1, 2024. Section 13 Effective Date Clause. Provides if sections 1, 2, 7 and, 8, take effect under section 11, they take effect 30 days following the date of the notice provided in section 9 that the buy-back program was approved. Rep.justin.ruffridge@akleg.gov Section 14 Effective Date Clause. Except as provided in sections 12 and 13, the bill takes effect July 1, 2023. 10:15:12 AM MS. BRAUN began a PowerPoint presentation, titled "HB 195: East Side of Cook Inlet Set Net Fleet Reduction Act." Slide 1 shows a map of the Upper Cook Inlet Management Area. She explained that the Upper Cook Inlet Management Area consists of five districts, but HB 195 would address only the upper eastside district. She explained that slides 2 and 3 describe how the program would work. Permit holders could voluntarily apply for the program, and 200 permits would be drawn at random to retire the permit. Those permits would be bought back at $260,000 per permit. Funding sources the Commercial Fishery Entry Commission (CFEC) might designate could include federal grants, the NOAA fishing capacity reduction program, and private sourcing, but they would not come from general funds. MS. BRAUN moved to slides 3 and 4, which compared the current number of permits and nets in the water to the resultant permits and nets and described how CFEC would manage the buyback. When a permit is retired, neither the permit nor the waters of the permit area would be available in the future. MS. BRAUN presented slide 5 which summarized the buyback program. She stated that HB 195 would create an optional program designed to alleviate tension between fisher groups; preserve Alaska's abundance of salmon; and provide set netters with flexibility and opportunity. 10:18:38 AM GLENN HAIGHT, Commissioner, Commercial Fisheries Entry Commission (CFEC), Alaska Department of Fish & Game, described the history of HB 195 beginning in 2018. He explained that implementing the program described in the bill takes away a lot of the risk because the CFEC would not have to determine the number of limited entry permits, pick the qualifying years, or develop a scoring system. In the past, a buyback would be paid for by a tax on permit holders because external funds would be used for the buyback. There have been two previous buybacks: the Southeast salmon purse seine and the Bering Sea and Aleutian Island crab buybacks. This does create a new administrative area as per the CFEC statutes, so there is precedent in the Alaska Department of Fish & Game (ADF&G), although this would create a new subset in the administrative area. 10:22:25 AM KEN COLEMAN, Member, Eastside Consolidation Association, gave a PowerPoint presentation related to HB 195, [hardcopy included in the committee packet], titled "Eastside Consolidation Association." He said that he has been a set netter for 54 years, and on behalf of the Eastside Consolidation Association, he requested assistance in moving into the future in a very difficult situation. The set netters have been fishing Southcentral Alaska since 1878 and now find themselves in a larger, more complex user community. The association would like to reduce the number of nets and permits on Eastside Cook Inlet. MR. COLEMAN said the association is committed to sustainable escapement in the rivers, particularly with Chinook salmon. Its members believe there should be reasonable opportunity for all the user groups including guided sport fishing, dip net fishing, sport fishing, and setnetting. The set netters are trying to find a way to coexist and collaborate regarding the issues for a sustainable future. Over time the attempts to settle differences have been referred to as "the fish wars." MR. COLEMAN explained that the Eastside Consolidation Association came about in an attempt to ensure all user groups had a fair and equitable share in the fisheries. The number of setnet permits increased a number of years ago because of larger salmon runs, but there are now fewer sockeye in Upper Cook Inlet, and there are too many permits and user groups. Currently, the number of fish per permit has been reduced, so it is no longer sustainable or economically viable. He explained how the CFEC system for reducing the number of setnet permits is not applicable in the current situation. Taking out 300 permits, however, would get the eastsiders back to an economically viable place. 10:29:10 AM MR. COLEMAN explained the mechanism outlined in HB 195 for a voluntary fleet reduction and noted that it is widely supported in the setnet community. As a setnet permit is retired, three nets would be permanently removed from the eastside waters of Cook Inlet. The proposed value of the $260,000 permit buyback was determined by estimating the earnings of a setnet permit each year over 10 years at $20,000 per year. Eastside fishermen have been limited to one or two days of fishing for the last several years. This is a proactive solution for a currently unsustainable situation. This bill would give a choice to the set netters and allow a viable fishery for those who choose to retain their permits. 10:40:58 AM REPRESENTATIVE RUFFRIDGE stated that the issue concerns what people or groups in Alaska have access to fish and how many fish can be caught. The state of Alaska management practices have prioritized one species of fish, and as a result, the Cook Inlet eastsiders are being shut out. There is a real need to recognize the issue and move forward with a solution-oriented approach rather than simply consider the eastsiders some sort of relic of the past and have them go away. 10:42:52 AM CHAIR VANCE announced that HB 195 was held over.
Document Name | Date/Time | Subjects |
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HB 195 - Sponsor Statement v.A.pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 195 - v.A.PDF |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 195 - Sectional Analysis v.A.pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 195 - ECA Presentation.pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 195 - Presentation for House Fisheries.pdf |
HFSH 2/6/2024 10:00:00 AM |
HB 195 |
HB 195 - Supporting Document-ADFG Season Summary.pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 195 - Supporting Document-CFEC Annual Report 2022.pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 195 - Supporting Document-CFEC Set Gillnet Report.pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 195 - Supporting Document - CFEC Optimum Numbers Study.pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 195 - Fiscal Notes (1-3).pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/13/2024 10:00:00 AM |
HB 195 |
HB 295 - Transmittal Letter v.A (01.24.24).pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/27/2024 10:00:00 AM |
HB 295 |
HB 295 - v.A.pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/27/2024 10:00:00 AM |
HB 295 |
HB 295 - Sectional Analysis v.A (01.31.24).pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/27/2024 10:00:00 AM |
HB 295 |
HB 295 - Comm Fish-ADFG Fiscal Notes (01-23-24).pdf |
HFSH 2/6/2024 10:00:00 AM HFSH 2/27/2024 10:00:00 AM |
HB 295 |
HFSH ADFG Hatchery Literature Presentation 02.06.24.pdf |
HFSH 2/6/2024 10:00:00 AM |
Alaska's Hatcheries Presentation 1/2 |
HFSH ADFG Hatchery Competition Presentation 02.06.24.pdf |
HFSH 2/6/2024 10:00:00 AM |
Alaska's Hatcheries Presentation 2/2 |