Legislature(2003 - 2004)

04/05/2004 09:05 AM FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 458-SHORT-TERM COM FISHING CREWMEMBER LICENSE                                                                              
                                                                                                                                
CHAIR SEATON announced that the  first order of business would be                                                               
HOUSE  BILL NO.  458, "An  Act relating  to a  one-day commercial                                                               
fishing crewmember license."                                                                                                    
                                                                                                                                
Number 0120                                                                                                                     
                                                                                                                                
ADAM  BERG,  Staff to  Representative  Carl  Moses, Alaska  State                                                               
Legislature,  presented   HB  458  on  behalf   of  the  sponsor,                                                               
Representative Moses.  He explained  that HB 458 would allow one-                                                               
day  commercial fishing  crewmember licenses.   This  legislation                                                               
would  aid   out-of-state  visitors  and  others   interested  in                                                               
commercial  fishing.    Currently,   these  individuals  have  to                                                               
purchase a  $60 resident license  or a $120  nonresident license.                                                               
The idea  is to  provide permit holders  another avenue  to raise                                                               
money.   Under  this  one-day license,  this  would allow  permit                                                               
holders to  work as  a boat  for hire.   Furthermore,  this would                                                               
allow visitors  an affordable way  to participate in  the fishery                                                               
as a crewmember.                                                                                                                
                                                                                                                                
Number 0238                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SAMUELS  moved to  adopt  CSHB  458, Version  23-                                                               
LS159\U,  Utermohle,  3/31/04,  as  the working  document.    [No                                                               
objection  was stated,  and therefore  Version U  was treated  as                                                               
adopted and before the committee.]                                                                                              
                                                                                                                                
MR.  BERG  explained  the  changes   encompassed  in  Version  U.                                                               
Section 5  of the original  legislation was deleted  because that                                                               
section had  changed the definition  of "fisherman" such  that it                                                               
didn't  allow these  one-day permit  holders to  qualify for  the                                                               
Fishermen's Fund.   At  the request of  the Fishermen's  Fund and                                                               
the Department  of Labor & Workforce  Development (DLWD), Section                                                               
5 was deleted.  The other  change encompassed in Version U is the                                                               
addition  of   the  January  1,   2005,  effective  date.     The                                                               
aforementioned  change  was  done   per  the  request  of  Alaska                                                               
Department of Fish & Game (ADF&G).                                                                                              
                                                                                                                                
Number 0341                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON  inquired as  to  the  current fee  for  a                                                               
crewmember fishing license.                                                                                                     
                                                                                                                                
MR. BERG  answered that the  fee is  $60 annually for  a resident                                                               
and $180 for a nonresident.                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON surmised that those  who have never been on                                                               
a boat before would have a  higher propensity of having a mishap.                                                               
Therefore,  she expressed  concern with  the potential  for these                                                               
one-day  crewmembers  to   use  up  the  limited   funds  in  the                                                               
Fishermen's Fund if there are a lot of accidents.                                                                               
                                                                                                                                
MR. BERG reminded the committee that  this would be an option for                                                               
the permit  holder.  He related  his experience that safety  is a                                                               
high  priority  for  boat   captains.    Representative  Wilson's                                                               
concern  was   the  thinking  that   resulted  in   the  original                                                               
legislation not having these one-day  crewmembers qualify for the                                                               
Fishermen's Fund, he noted.  However,  this was a big concern for                                                               
DLWD because  restricting the  definition in such  a way  that it                                                               
precludes holders  of the shorter-period licenses  from obtaining                                                               
benefits could be  viewed as a denial of  equal protection, which                                                               
could be  a basis  for litigation.   Furthermore, DLWD  felt that                                                               
altering  the  definition of  "fishermen"  may  leave the  fund's                                                               
dedication vulnerable.                                                                                                          
                                                                                                                                
Number 0611                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON surmised then  that this legislation allows                                                               
tourists to be a commercial fisherman for a day.                                                                                
                                                                                                                                
MR. BERG  replied yes.   Currently, a tourist  could go out  on a                                                               
[commercial fishing]  boat, but couldn't participate  in any way.                                                               
Moreover,  the current  $180 crewmember  license  fee seems  cost                                                               
prohibitive.   Although  Mr. Berg  said that  he didn't  know how                                                               
many individuals would take advantage  of this option for $30, it                                                               
does provide  the option.   He noted  that this would  be another                                                               
extreme tourism option.                                                                                                         
                                                                                                                                
REPRESENTATIVE  HEINZE  questioned   what  these  tourists  would                                                               
actually do and how many people might actually utilize this.                                                                    
                                                                                                                                
MR. BERG  replied that it  would be up to  the boat captain.   In                                                               
regard to how many individuals  would take advantage of this, the                                                               
fiscal note estimates  100 licenses.  However, he  said he didn't                                                               
know how that estimate was reached.                                                                                             
                                                                                                                                
Number 0733                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGG inquired  as  to why  a  one-day license  was                                                               
chosen versus a  license for a week because for  most fishing one                                                               
day doesn't even get the individual to the fishing spot.                                                                        
                                                                                                                                
MR. BERG noted that originally  there were one-, two-, and seven-                                                               
day licenses.   However, ADF&G  was concerned that it  would lose                                                               
receipts  on  the  licenses [because  regular  crewmembers  would                                                               
purchase  these cheaper  licenses].   Mr. Berg  related that  the                                                               
sponsor  didn't  share  that  view  because  regular  crewmembers                                                               
aren't  going to  purchase a  one-week license  and leave;  these                                                               
individuals  are typically  here  for the  summer.   The  one-day                                                               
crewmember license  was introduced  in order to  have a  piece of                                                               
legislation that ADF&G wouldn't oppose.                                                                                         
                                                                                                                                
REPRESENTATIVE OGG  asked if ADF&G  would be extremely  upset and                                                               
oppose legislation that includes a one-week license for $150.                                                                   
                                                                                                                                
MR. BERG said that he couldn't speak for ADF&G.                                                                                 
                                                                                                                                
REPRESENTATIVE  OGG reiterated  that  it would  likely take  more                                                               
than one  day to be  involved in commercial fishing.   Therefore,                                                               
he  questioned  whether the  individual  would  have to  purchase                                                               
multiple licenses at the same time.                                                                                             
                                                                                                                                
MR.   BERG  confirmed   that  under   the  current   legislation,                                                               
individuals  going on  a three-day  trip would  have to  purchase                                                               
three one-day crewmember licenses.                                                                                              
                                                                                                                                
Number 0973                                                                                                                     
                                                                                                                                
REPRESENTATIVE SAMUELS related his  understanding that if someone                                                               
had a week-long  stay at a lodge, this would  allow a [commercial                                                               
fishing]  tour operator  the  ability to  offer  a one-day  trip,                                                               
particularly in Bristol Bay.   Therefore, the locals could create                                                               
a  tourism  business  that  is  in  conjunction  with  commercial                                                               
fishing.    He said  he  didn't  believe  people would  fly  from                                                               
Anchorage  to commercial  fish.    Representative Samuels  stated                                                               
that he liked the legislation and didn't see a downside to it.                                                                  
                                                                                                                                
REPRESENTATIVE GARA  commented, "I  could see  this working  if a                                                               
lot  of people  did it."   However,  he expressed  disbelief that                                                               
anyone would  be able to  obtain the liability insurance  to make                                                               
it cost  effective to  bring tourists  onto a  commercial fishing                                                               
boat.    He acknowledged  that  one  could go  without  liability                                                               
insurance.   If  one purchases  liability insurance,  there would                                                               
have to be a lot of potential customers in order to do it.                                                                      
                                                                                                                                
MR.  BERG noted  that any  [permit  holder] wanting  to use  this                                                               
option  would  have  to  do   advertising  in  order  to  solicit                                                               
customers.   He also  noted that  boats for hire  have to  have a                                                               
six-pack  license  and  other  requirements.    This  legislation                                                               
merely provides an option for fishermen to try out.                                                                             
                                                                                                                                
REPRESENTATIVE GARA  inquired as to  how large the demand  is for                                                               
this legislation.                                                                                                               
                                                                                                                                
MR. BERG said  that the original idea came from  an individual in                                                               
Naknek, and therefore  it's difficult to say what  the demand is.                                                               
The  sponsor's office  has taken  several  calls from  interested                                                               
groups, and there has been no negative reaction, he related.                                                                    
                                                                                                                                
REPRESENTATIVE  GARA surmised  that under  a one-day  license, an                                                               
individual would  only be able  to touch  the gear that  one day,                                                               
but could be on board and not touch the gear other days.                                                                        
                                                                                                                                
MR. BERG  clarified that if  one wanted to  be out more  than one                                                               
day  and  participate,  the individual  would  have  to  purchase                                                               
stacking licenses.                                                                                                              
                                                                                                                                
CHAIR SEATON informed the committee, "I  think that we have to be                                                               
clear that at some point if you  are not a crewmember ... and you                                                               
are  on the  boat, then  you're  not covered  by the  Fishermen's                                                               
Fund, which  means all the liability  would be on the  boat owner                                                               
or  they  would have  to  be  as a  six-pack  boat.   If  it's  a                                                               
commercial fishing  boat and  you only have  your crew  on board,                                                               
you don't have to be a six-pack boat."                                                                                          
                                                                                                                                
Number 1359                                                                                                                     
                                                                                                                                
ROLAND  MAW,   Executive  Director,   United  Cook   Inlet  Drift                                                               
Association (UCIDA),  informed the committee  that he has  been a                                                               
commercial  fisherman for  salmon  in the  Upper  Cook Inlet  for                                                               
about 30  years.  Mr.  Maw announced support  of HB 458  for both                                                               
himself and UCIDA; the $30  fee is reasonable and could certainly                                                               
be used  in the Soldotna  area.   Mr. Maw informed  the committee                                                               
that  [this legislation  is the  result] of  a suggestion  he and                                                               
others brought forth to the Joint Salmon Industry Task Force.                                                                   
                                                                                                                                
MR. MAW,  in light  of today's  testimony and  questions, offered                                                               
the following  information.   He informed  the committee  that he                                                               
carries  liability insurance  for  his vessel  in  the amount  of                                                               
$500,000 per  incident, as  well as  liability insurance  for his                                                               
crew in the  amount of $500,000 per crewmember per  incident.  He                                                               
explained that  he can rotate crew  in and out of  his policy for                                                               
coverage purposes.   Over the years,  when he has had  a guest on                                                               
board the  issue becomes  whether the individual  is crew  or not                                                               
for the  purposes of liability  insurance.  "And so  we've always                                                               
been kind of in  this no man's land between a  six-pack boat or a                                                               
charter boat  and some kind  of a commercial boat,"  he remarked.                                                               
Mr. Maw addressed the question  regarding the demand for [one-day                                                               
commercial  fishing crewmember  licenses].   He related  that his                                                               
son put a one-day commercial fishing  trip on the Internet and it                                                               
received  1,200 hits  in 12  hours.   Therefore,  Mr. Maw  didn't                                                               
doubt  that  this  is  necessary and  the  public  will  respond.                                                               
Furthermore, he  felt that  those who would  take advantage  of a                                                               
one-day  commercial   fishing  crewmember  license]   would  have                                                               
insurance, including liability insurance.                                                                                       
                                                                                                                                
MR.  MAW  related   that  last  summer  he   had  an  18-year-old                                                               
crewmember who, on his day off,  took a river rafting trip during                                                               
which he dislocated his shoulder.   This all happened the evening                                                               
before the fishing  trip was to begin.   Therefore, this [one-day                                                               
commercial fishing  license] would've  been helpful in  this case                                                               
in  which temporary  crew  was needed.   Mr.  Maw  turned to  the                                                               
question of what  these one-day crewmembers could  do and related                                                               
that on  his boat  he would  envision these  individuals bleeding                                                               
and icing the  fish.  Mr. Maw said that  he believes 100 licenses                                                               
a year is a [conservative/small]  estimate.  He mentioned that he                                                               
would  like the  option of  a  two-day and  three-day license  as                                                               
well.                                                                                                                           
                                                                                                                                
Number 1676                                                                                                                     
                                                                                                                                
PAUL    SHADURA,   President,    Kenai   Peninsula    Fishermen's                                                               
Association, related the association's  support of HB 458 because                                                               
it  provides  a way  in  which  to  diversify while  providing  a                                                               
service to  those nonresidents and  tourists who visit  the Kenai                                                               
Peninsula.   He mentioned  that often  in a  season such  as that                                                               
forecasted for this next summer,  it's difficult to find crew who                                                               
will stay for  any length of time.  The  $180 nonresident license                                                               
is fairly cost prohibitive for  many.  He acknowledged that there                                                               
is a  liability issue  that individual  businesses would  have to                                                               
address.  Mr.  Shadura informed the committee  that the insurance                                                               
is based on  the numbers of individuals fishing  with each permit                                                               
holder rather  than the  individual names.   The  insurance costs                                                               
for  crewmembers on  a setnet  site are  fairly reasonable.   Mr.                                                               
Shadura reiterated his  support and expressed the  desire to have                                                               
this be  in effect  as soon as  possible, at least  by June  1 in                                                               
order to allow individual crewmembers  to purchase licenses at an                                                               
Alaska  Department of  Fish  & Game  (ADF&G)  office because  the                                                               
licenses might not be available to vendors at the time.                                                                         
                                                                                                                                
Number 1876                                                                                                                     
                                                                                                                                
GUY   BELL,  Director,   Division  of   Administrative  Services,                                                               
Department of Labor & Workforce  Development (DLWD), informed the                                                               
committee that  the Fishermen's Fund  receives 39 percent  of the                                                               
licensed  revenue  for  commercial   fishermen.    The  fund  was                                                               
established  in  1951 as  a  payer  of  last resort  for  medical                                                               
expenses  associated with  injuries that  occur while  commercial                                                               
fishing.   Therefore, if an  individual has any  other insurance,                                                               
it  would  apply first  before  the  Fishermen's Fund  goes  into                                                               
effect.                                                                                                                         
                                                                                                                                
CHAIR  SEATON   recalled  testimony  from  last   year  that  the                                                               
Fishermen's Fund  is in  good shape  and has  money still  in its                                                               
account.  The Fishermen's Fund is  a dedicated fund that can't be                                                               
rolled over  to other uses.   Chair Seaton asked if  there is any                                                               
concern  that this  legislation would  cause any  fiscal problems                                                               
for the Fishermen's Fund.                                                                                                       
                                                                                                                                
MR. BELL  said that the  department projects a small  increase in                                                               
revenue  as a  result of  this legislation.   It's  difficult, he                                                               
said,  to estimate  the potential  liability  of the  Fishermen's                                                               
Fund.   Currently, the  Fishermen's Fund is  solvent and  in good                                                               
financial  condition.   He acknowledged  that  untrained crew  do                                                               
bring forth concern for potential  injuries, although he surmised                                                               
that those  bringing untrained crew would  exercise discretion in                                                               
the type of activities in  which the one-day participants will be                                                               
involved.  Mr.  Bell acknowledged the concern  regarding the fund                                                               
taking   in   money  and   an   individual   not  receiving   the                                                               
corresponding  level  of  coverage provided  to  others  actively                                                               
involved in the commercial fishing business.                                                                                    
                                                                                                                                
Number 2016                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  surmised that the Fishermen's  Fund would go                                                               
into  effect because  along the  line  an individual's  insurance                                                               
didn't [cover  the incident].   He asked if the  Fishermen's Fund                                                               
requires  that  the  employer  of  the  injured  individual  have                                                               
insurance, and  therefore the Fishermen's  Fund can go  after the                                                               
employer who  didn't have the  required liability insurance.   He                                                               
likened the aforementioned to workers' compensation.                                                                            
                                                                                                                                
MR.  BELL answered  that he  didn't  believe so,  but offered  to                                                               
confirm that.   In further  response to Representative  Gara, Mr.                                                               
Bell  said  he  didn't  believe   there  is  a  requirement  that                                                               
[employers]  must  provide  medical   insurance  in  the  fishing                                                               
industry, but, again, he offered to confirm that.                                                                               
                                                                                                                                
REPRESENTATIVE WILSON posed a situation  in which a fisherman has                                                               
insurance, but  has not  met the  deductible.   She asked  if the                                                               
Fishermen's Fund would pick up the deductible.                                                                                  
                                                                                                                                
MR. BELL said  that he didn't believe the  Fishermen's Fund would                                                               
pick up  the deductible.   Furthermore,  the general  standard is                                                               
that the  maximum payment  from the fund  is $2,500  unless there                                                               
are some exceptional circumstances.                                                                                             
                                                                                                                                
CHAIR  SEATON informed  the committee  that a  few years  ago the                                                               
Fishermen's  Fund raised  its [maximum  payment] to  $2,500, upon                                                               
which all  the marine insurance  carriers in Alaska  raised their                                                               
deductible  to  $2,500.   "Although  it's  an insurance  of  last                                                               
resort, ... if you have a  policy that has a deductible of $2,500                                                               
you  are  not  covered  by any  other  insurance,  and  therefore                                                               
Fishermen's Fund  covers the  first $2,500,"  he explained.   The                                                               
way  the [marine  insurance] industry  is structuring,  one could                                                               
almost  refer to  the  Fishermen's  Fund as  the  payer of  first                                                               
resort.                                                                                                                         
                                                                                                                                
REPRESENTATIVE WILSON  surmised then that the  insurance industry                                                               
has  gotten around  the fact  that the  Fishermen's Fund  doesn't                                                               
cover the deductible by raising  the deductible, and therefore an                                                               
individual isn't insured until $2,500 has been spent.                                                                           
                                                                                                                                
CHAIR  SEATON  highlighted  that  39 percent  of  the  commercial                                                               
licensing  fee  goes to  the  Fishermen's  Fund, which  has  been                                                               
growing over  the years because it  has been taking in  more than                                                               
it has paid out.                                                                                                                
                                                                                                                                
REPRESENTATIVE WILSON  clarified then  that the  Fishermen's Fund                                                               
basically pays the deductible on every fisherman's insurance.                                                                   
                                                                                                                                
Number 2311                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA asked if the  funds generated by the $30 one-                                                               
day  commercial  fishing  license  will  cover  the  department's                                                               
costs.                                                                                                                          
                                                                                                                                
KRIS WRIGHT,  Licensing Supervisor,  Alaska Department of  Fish &                                                               
Game (ADF&G),  said that the department  took a good guess  as to                                                               
how many  of these licenses  would be  sold.  She  explained that                                                               
the January  1 start date was  requested because the plan  was to                                                               
add this as a  box on the license.  Therefore,  there would be no                                                               
additional cost.   However,  the suggested date  of June  1 would                                                               
result in costs to the department.   She opined that most vendors                                                               
would probably be unhappy if  they didn't receive the opportunity                                                               
to sell that license from the very beginning.                                                                                   
                                                                                                                                
REPRESENTATIVE GARA asked if the license  fee was a bit more than                                                               
$30  for this  year in  order  to cover  the costs  of getting  a                                                               
special license  to those  businesses that want  to sell  it this                                                               
summer.                                                                                                                         
                                                                                                                                
MS. WRIGHT replied  yes.  She mentioned that the  story about the                                                               
number  of  hits   an  Internet  site  received   for  a  one-day                                                               
commercial  fishing trip  was surprising  and thus  she is  a bit                                                               
concerned with regard to the  number of [licenses] that should be                                                               
printed.  Ms. Wright said that this could be worked out.                                                                        
                                                                                                                                
REPRESENTATIVE  GARA   related  his   intention  to   provide  an                                                               
immediate effective date so that  this license could be available                                                               
this summer.   He  surmised that the  department would  work with                                                               
the sponsor to determine the amount of the fee for the summer.                                                                  
                                                                                                                                
MS. WRIGHT replied yes.                                                                                                         
                                                                                                                                
Number 2448                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG asked if having  a three-day license at a cost                                                               
of $50 would be problematic.                                                                                                    
                                                                                                                                
MS. WRIGHT recalled that when  the department initially worked on                                                               
this legislation,  there was a one-day,  three-day, and seven-day                                                               
license.   The  department requested  that there  not be  so many                                                               
options available  until it determines  "where this  fishery is."                                                               
She further  recalled working  on a fiscal  note for  a seven-day                                                               
license under  which the department  would make money.   The next                                                               
[version of the  legislation] she saw was for  a one-day license,                                                               
which she  understood to  be at the  request of  the associations                                                               
because there  would be people  who wouldn't  want to go  out for                                                               
seven days,  although one might  want to  go out for  three days.                                                               
Ms. Wright clarified that the  department wasn't against a three-                                                               
day or seven-day license.                                                                                                       
                                                                                                                                
REPRESENTATIVE  OGG  inquired  as  to the  fee  for  a  seven-day                                                               
license.                                                                                                                        
                                                                                                                                
MR. BERG answered that the fee was $100 for a seven-day license.                                                                
                                                                                                                                
CHAIR  SEATON recalled  that when  the committee  had legislation                                                               
before it with a one-day  [crewmember] license, it was determined                                                               
that the administrative cost per license would be $10.                                                                          
                                                                                                                                
MS. WRIGHT  explained that if  this license  is just part  of the                                                               
license  that already  exists, there  wouldn't be  any additional                                                               
printing costs or mailing costs.                                                                                                
                                                                                                                                
Number 2693                                                                                                                     
                                                                                                                                
CHAIR SEATON,  upon determining  no one  else wished  to testify,                                                               
closed the public hearing on HB 458.                                                                                            
                                                                                                                                
REPRESENTATIVE HEINZE  remarked that it seems  that the three-day                                                               
license  would  be  appropriate  and  provide  some  flexibility,                                                               
although she said  that she didn't have a problem  with a one-day                                                               
license.   She further remarked that  HB 458 is a  good bill that                                                               
she would like to see moved.                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  recommended that the legislation  be changed                                                               
to have  an immediate effective  date and the sponsor  could work                                                               
with  ADF&G  to  determine  the  cost  of  a  three-day  license.                                                               
Therefore,  perhaps  an  amendment  could be  made  in  the  next                                                               
committee of  referral, the  House Resources  Standing Committee,                                                               
to add a  three-day license.  He also suggested  that ADF&G could                                                               
determine  the additional  cost necessary  for the  department to                                                               
implement this proposal this summer.                                                                                            
                                                                                                                                
CHAIR  SEATON noted  that the  fiscal notes  would be  changed by                                                               
Representative Gara's recommendation.                                                                                           
                                                                                                                                
MS. WRIGHT  requested that  the effective  date not  be immediate                                                               
but  rather  June  1,  which  would provide  some  time  for  the                                                               
department.                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  agreed and  then suggested that  the changes                                                               
to the effective date could be  worked out in the House Resources                                                               
Standing Committee as well.                                                                                                     
                                                                                                                                
REPRESENTATIVE HEINZE  said that  she, as a  member of  the House                                                               
Resources  Standing   Committee,  would  be  glad   to  offer  an                                                               
amendment  [implementing  the  recommendation  by  Representative                                                               
Gara].                                                                                                                          
                                                                                                                                
Number 2811                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CARL MOSES,  Alaska  State Legislature,  sponsor,                                                               
stated that  he would prefer  a three-day license.   He indicated                                                               
that the industry should have some  advance notice in order to be                                                               
able to advertise, and therefore  he didn't have any problem with                                                               
a January 1,  2005, effective date because much needs  to be done                                                               
in order to create an effective program.                                                                                        
                                                                                                                                
Number 2840                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG  moved that the committee  adopt the following                                                               
amendment:                                                                                                                      
                                                                                                                                
     Page 2, line 15;                                                                                                           
     Delete "one"                                                                                                               
     Insert "three"                                                                                                             
                                                                                                                                
     Page 2, line 15;                                                                                                           
     Delete "$30"                                                                                                               
     Insert "$50"                                                                                                               
                                                                                                                                
REPRESENTATIVE   SAMUELS   objected   and  suggested   that   the                                                               
legislation allow  for a one-day  license as well as  a three-day                                                               
license.                                                                                                                        
                                                                                                                                
REPRESENTATIVE WILSON suggested that  the amendment stand because                                                               
if one  wants to go out  bad enough, he  or she will pay  the $50                                                               
for a  three-day license.   Therefore, she suggested that  if one                                                               
wants to go out for six days the license fee could be $100.                                                                     
                                                                                                                                
REPRESENTATIVE HEINZE  agreed with Representative  Wilson because                                                               
she suggested that  it would be easier in regard  to printing and                                                               
distribution to offer just the three-day.                                                                                       
                                                                                                                                
REPRESENTATIVE SAMUELS  suggested that  the license  could merely                                                               
have another box [option].                                                                                                      
                                                                                                                                
REPRESENTATIVE MOSES related  that his preference would  be for a                                                               
one-day and a three-day license.                                                                                                
                                                                                                                                
TAPE 04-19, SIDE B                                                                                                            
                                                                                                                                
REPRESENTATIVE SAMUELS commented that  "we" don't want commercial                                                               
fishermen to purchase these licenses.                                                                                           
                                                                                                                                
Number 2909                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGG withdrew  his  amendment and  moved that  the                                                               
committee adopt the following amendment:                                                                                        
                                                                                                                                
     Page 2, line 15, after "$30"                                                                                               
     Insert "or a three-day crewmember fishing license for                                                                      
     a fee of $50"                                                                                                              
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
REPRESENTATIVE SAMUELS asked if there  are any wage issues if one                                                               
were to go out fishing for a one-day trip.                                                                                      
                                                                                                                                
REPRESENTATIVE  OGG said  that it's  a contractual  issue between                                                               
the boat captain and the fisherman.                                                                                             
                                                                                                                                
CHAIR SEATON  related that there is  a law that states  before [a                                                               
fisherman]  leaves  port,  he  or she  must  have  a  contractual                                                               
agreement stating the fisherman's percentage.                                                                                   
                                                                                                                                
Number 2833                                                                                                                     
                                                                                                                                
REPRESENTATIVE  WILSON   moved  that  the  committee   adopt  the                                                               
following amendment:                                                                                                            
                                                                                                                                
     Page 5, line 9;                                                                                                            
     Delete "January 1, 2005"                                                                                                   
     Insert "July 1, 2004"                                                                                                      
                                                                                                                                
REPRESENTATIVE  GARA   objected  for  discussion   purposes,  and                                                               
inquired as  to Representative Moses'  preference with  regard to                                                               
the effective date.                                                                                                             
                                                                                                                                
REPRESENTATIVE   MOSES  said   that  he   would  like   for  this                                                               
legislation  to  take  effect  as  soon  as  is  practical.    He                                                               
reiterated that  he didn't  mind the  January 1,  2005, effective                                                               
date.                                                                                                                           
                                                                                                                                
REPRESENTATIVE WILSON  withdrew the  above amendment  and offered                                                               
the following amendment:                                                                                                        
                                                                                                                                
     Page 5, line 9;                                                                                                            
     Delete "January 1, 2005"                                                                                                   
     Insert "June 1, 2004"                                                                                                      
                                                                                                                                
REPRESENTATIVE WILSON  recalled that ADF&G  had said it  could do                                                               
this  by June  1,  2004,  which would  allow  some operators  the                                                               
opportunity to receive revenue they haven't in the past.                                                                        
                                                                                                                                
REPRESENTATIVE GARA  agreed, but asked  if ADF&G should  be given                                                               
the authority to [include in  the license fee] the printing costs                                                               
for this summer.                                                                                                                
                                                                                                                                
REPRESENTATIVE SAMUELS  mentioned that if this  legislation picks                                                               
up a fiscal note, then it faces a longer process.                                                                               
                                                                                                                                
REPRESENTATIVE  MOSES  reiterated  that practically,  January  1,                                                               
2005, would probably be best.                                                                                                   
                                                                                                                                
CHAIR SEATON pointed  out that this is a House  bill, which still                                                               
needs  to go  through the  Senate and  the governor  for signing.                                                               
However, the department  has to have everything in  order for the                                                               
vendors to sell the licenses  rather than just have it restricted                                                               
to  a few  locales.   Chair Seaton  announced that  for practical                                                               
purposes he objected to Representative Wilson's amendment.                                                                      
                                                                                                                                
REPRESENTATIVE  HEINZE stated  her agreement  with Representative                                                               
Wilson and her desire to help [fishermen] as much as possible.                                                                  
                                                                                                                                
REPRESENTATIVE  WILSON inquired  as to  what date  the department                                                               
believes it can implement this license.                                                                                         
                                                                                                                                
MS.  WRIGHT  surmised  that  she  could  implement  the  proposed                                                               
license within a month of the governor signing the legislation.                                                                 
                                                                                                                                
REPRESENTATIVE  WILSON surmised  that July  1, 2004,  would be  a                                                               
good date.                                                                                                                      
                                                                                                                                
Number 2580                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  withdrew her previous amendment  and moved                                                               
that the committee adopt the following amendment:                                                                               
                                                                                                                                
     Page 5, line 9;                                                                                                            
     Delete "January 1, 2005"                                                                                                   
     Insert "July 1, 2004"                                                                                                      
                                                                                                                                
CHAIR SEATON reminded the committee that there was an objection.                                                                
                                                                                                                                
A roll call  vote was taken.  Representatives  Heinze, Ogg, Gara,                                                               
and Wilson  voted in favor of  Representative Wilson's amendment.                                                               
Representatives Samuels and Seaton  voted against it.  Therefore,                                                               
the amendment was adopted by a vote of 4-2.                                                                                     
                                                                                                                                
Number 2503                                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  pointed out  that with  the adoption  of the                                                               
above  amendment, there  will now  be a  fiscal note  because the                                                               
department  will  have  to  develop   extra  forms.    Therefore,                                                               
Representative  Gara   expressed  his   desire  to  add   to  the                                                               
legislation  a section  authorizing the  department to  charge an                                                               
additional preparation and mailing  fee to cover the applications                                                               
for 2004.                                                                                                                       
                                                                                                                                
MS.  WRIGHT replied  yes, adding  that the  department is  always                                                               
looking for cost  savings.  Therefore, it would  be beneficial to                                                               
charge a  fee for that  first year of  the proposed license.   In                                                               
response  to  Representative Wilson,  Ms.  Wright  said that  the                                                               
additional  fee for  this year  only wouldn't  be very  much, and                                                               
therefore she  suggested that  $1-$2 would be  plenty.   She said                                                               
she is thinking of mailing.                                                                                                     
                                                                                                                                
CHAIR SEATON suggested  that no fee has to be  established in the                                                               
legislation now, it  could be left to be determined  in the House                                                               
Resources Standing Committee.   Therefore, the administrative fee                                                               
could be based on more than guess work.                                                                                         
                                                                                                                                
REPRESENTATIVE GARA  clarified that  his intention is  to provide                                                               
the department the authority to  set a cost-reimbursement fee for                                                               
the summer.   He  indicated that  he would  agree to  letting the                                                               
House Resources Standing Committee address it.                                                                                  
                                                                                                                                
MS.  WRIGHT informed  the  committee that  if  the department  is                                                               
given  this   authority,  it  would  require   an  administrative                                                               
regulation.    The  aforementioned  would take  time  that  would                                                               
result in her  inability to make the July 1  date, "it would have                                                               
to be in the statute."                                                                                                          
                                                                                                                                
Number 2357                                                                                                                     
                                                                                                                                
REPRESENTATIVE OGG  moved that the committee  adopt the following                                                               
conceptual  amendment,  which  would  say:   "there  will  be  an                                                               
administrative fee charged  in excess of the cost  of the license                                                               
'X'  that will  be  filled  in now  and  the Resources  Committee                                                               
meeting for the year 2004."                                                                                                     
                                                                                                                                
CHAIR SEATON objected  for discussion purposes.  He  asked if the                                                               
intent is to specify that it only applies to 2004.                                                                              
                                                                                                                                
REPRESENTATIVE OGG replied yes.                                                                                                 
                                                                                                                                
REPRESENTATIVE  OGG  clarified   that  his  conceptual  amendment                                                               
should specify "only the year 2004."                                                                                            
                                                                                                                                
CHAIR  SEATON  removed  his  objection.   There  being  no  other                                                               
objections, the conceptual amendment [as amended] was adopted.                                                                  
                                                                                                                                
Number 2281                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HEINZE  moved to  report  CSHB  458, Version  23-                                                               
LS1591\U, Utermohle,  3/31/03, as amended, out  of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  CSHB 458(FSH)  was reported  from the                                                               
House Special Committee on Fisheries.                                                                                           
                                                                                                                                

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