Legislature(1997 - 1998)
04/10/1997 01:15 PM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSSB 7(RLS) am - HUNTING SPORT FISH TRAPPING FEES/LICENSES Number 1436 CO-CHAIRMAN OGAN announced the next order of business was CS for Senate Bill No. 7(RLS) am, "An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; and providing for an effective date." Before the committee was HCS CSSB7(FSH). CO-CHAIRMAN OGAN referred to concern expressed at the previous hearing over lack of a general one-year nonresident license. He advised that Representative Masek, not currently present, had provided a proposed amendment at that hearing. Number 1537 KAREN BRAND, Legislative Assistant to Senator Dave Donley, came forward to testify. She said if it was the committee's will to remove restrictions in Section 8, Senator Donley would request that the committee entertain intent language for Section 1; Ms. Brand had a copy of that proposed language. Number 1655 JOHN GLASS, Colonel, Director, Division of Fish and Wildlife Protection, Department of Public Safety, came forward to testify. He referred to the suggestion made previously that the 14-day licenses would assist the department in determining who harvests fish through sports fishing and in keeping some sort of record that those were being sold. "And I don't believe that is the case at all," he stated. "It would not help us in that manner or in that direction at all." Number 1693 CO-CHAIRMAN OGAN said it had been asserted by the sponsor that it would at least create a paper trail for people who continually buy these licenses, allowing those people to be "flagged" as those willing to continue to stay all summer and potentially keep canning and preserving fish to take outside for commercial sale. COLONEL GLASS said he thinks that would be on a case-by-case basis. Number 1743 CO-CHAIRMAN OGAN asked Colonel Glass to explain how they investigate those cases, what methodology they use, and what kind of success they have had. COLONEL GLASS responded that they were receiving quite a few complaints from the Kenai River in particular. They put people under cover there last year and were able to make four cases. Three people had since pled out and one case is set to go to trial April 28. In that case, an undercover agent had purchased fish from people harvesting on the Kenai, home-canning the fish and selling them there. That case had generated from a retired trooper from Colonel Glass's division who purchased home-canned Alaska salmon at a garage sale in Tucson or Phoenix, Arizona. Number 1813 CO-CHAIRMAN OGAN asked how they become aware of these and whether they note license numbers of people who have been there all year, for example. COLONEL GLASS said those largely came from complaints from Kenai citizens who observed these people camped in campgrounds along there. Division personnel would drive by and take photographs. For example, one photograph shows 14 cases of salmon already processed. Number 1867 CO-CHAIRMAN OGAN pointed out that it is not illegal to process 14 cases of salmon. He suggested people would have to be caught selling it. COLONEL GLASS affirmed that. They had put an undercover person into the campground, who was able to purchase the salmon. Number 1887 CO-CHAIRMAN OGAN asked whether the cases they had made so far had been where people were selling fish in campgrounds in Alaska. He explained that concern was over people financing their trips to Alaska by selling salmon outside Alaska. COLONEL GLASS said home processing develops two real concerns. First, the Department of Environmental Conservation (ADEC) has a concern because it could possibly be tainted. He suggested such fish sold outside Alaska could also taint the image of Alaska's salmon. He believes it is the intent of both the Administration and the legislature to have a fine product. Only one or two instances could cripple the salmon industry. COLONEL GLASS said the other concern is that it is really not illegal for somebody to sell Alaska's home-canned salmon in Phoenix, for example, because Alaska law does not apply in Arizona. He believes part of this legislation's intent is to address that. Number 1976 CO-CHAIRMAN HUDSON asked whether Colonel Glass believes it would be a disincentive if people had to check in for license renewal. He suggested a periodic review may cause them to feel that someone has an eye on them. He further asked whether Colonel Glass believes purchasers of licenses are adequately informed about restrictions on sale and the reasons why. COLONEL GLASS said he did not know what Co-Chairman Hudson means by "checking in" those people. As far as information given at the time of sale, depending on which vendor it is, there will be a different answer whenever a license is sold. "And it causes us considerable problems when we're doing these types of investigations," he said. COLONEL GLASS advised that most investigations regarding nonresident licenses occur after the fishing and hunting seasons, usually in November or December. Most nonresidents have long since gone south by that time. Number 2107 REPRESENTATIVE JOULE asked whether there are other alternatives that Colonel Glass had thought of that might get the legislature where they intend to go. COLONEL GLASS replied that the one that he knows has been discussed is setting a quota for number of fish harvested by a nonresident. However, that may bring up constitutional issues and he does not know where that stands. Number 2197 CO-CHAIRMAN OGAN said from Colonel Glass's testimony, he is hearing that this would not necessarily be an enforcement tool but could possibly be a deterrent. COLONEL GLASS agreed it may dissuade somebody if they must continually buy licenses. However, as a way of keeping track, he does not believe it would help the department in that regard. CO-CHAIRMAN OGAN suggested basically it is a judgment call on whether or not this will provide a disincentive for people to stay here and fish all summer, which may have other consequences. Number 2267 REPRESENTATIVE WILLIAMS asked whether Colonel Glass supports the 14-day maximum currently in the bill. COLONEL GLASS replied that he does not believe the 14-day license would be any additional assistance to the department. Number 2319 CO-CHAIRMAN OGAN asked if anyone else wished to testify or if anyone had questions for the Department of Law representative in the audience. He then closed public testimony. Number 2406 REPRESENTATIVE WILLIAMS made a motion to adopt Amendment 1, provided previously by Representative Masek, which read: Page 2, lines 16 - 28: Delete TAPE 97-41, SIDE A Number 0006 CO-CHAIRMAN HUDSON asked whether the amendment would restore the general, annual nonresident fishing license at $150. CO-CHAIRMAN OGAN affirmed that. CO-CHAIRMAN HUDSON said it takes away the limited criteria presently in the bill. CO-CHAIRMAN OGAN said that criteria was in there for commercial fishermen, related to another bill that may or may not make it through the process. Number 0066 MS. BRAND advised that Senator Donley had expressed at the last hearing that if it was the will of the committee to adopt such an amendment, he would not oppose it. However, if adopted, he requested consideration of his proposed intent language. Number 0133 CO-CHAIRMAN OGAN asked whether there was any objection to Amendment 1. There being none, Amendment 1 was adopted. CO-CHAIRMAN OGAN called a brief at-ease at 2:52. He called the meeting back to order at 2:55 p.m. Number 0155 REPRESENTATIVE WILLIAMS made a motion to adopt Amendment 2, offered by the sponsor, which read: Page 1 Line 6 Insert: "*Section 1. It is the Intent of the Legislature that the fee increases for non-resident sport fishing licenses in this legislation help discourage current abuses by non- residents harvesting sport-caught fish for the purpose of selling them. The legislature requests the Board of Fish [sic] also address this problem and adopt a quota system to limit non-residents [sic] catch of sport fish." Number 0167 CO-CHAIRMAN OGAN asked if there was any objection. There being none, Amendment 2 was adopted. Number 0155 CO-CHAIRMAN HUDSON made a motion to move HCS CSSB7(FSH), as amended, from committee with attached fiscal notes and individual recommendations. He asked unanimous consent. There being no objection, HCS CSSB7(RES) moved from the House Resources Standing Committee.
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