Legislature(1997 - 1998)
04/15/1997 01:07 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
HB 204 - MORATORIA ON COMMERCIAL FISHERIES ENTRY Number 1312 CO-CHAIRMAN HUDSON stated that the next order of business was House Bill No. 204, "An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date." Number 1330 AMY DAUGHERTY, Legislative Administrative Assistant to Representative Alan Austerman, read the following sponsor statement into the record: "House Bill 204 amends the existing moratorium law to provide for workable and effective moratorium law as part of Alaska's existing fisheries management process. The current moratorium statute has proved unworkable and confusing. The current process involves multi-steps where a fisher seeking a moratorium must first go to the Commissioner of Fish and Game, who in turn must seek authorization from the Board of Fisheries. Once authorization is granted from the Board of Fisheries, the commissioner may then petition the CFEC to provide a moratorium. "The commission is then authorized to go forward if it can make findings required by the current statute, which are difficult to understand and mutually inconsistent. "This cumbersome and confusing process prevents a quick response in fisheries that are growing too rapidly to ensure effective management. As a result, the resource and the economic livelihood of fishers could be jeopardized. In some situations, ADF&G's only recourse is to close the fishery or refuse to open a new fishery if effort cannot be controlled. "HB 204 would allow fishers seeking a moratorium to petition the commission directly. This legislation also gives the commission the authority to place a moratorium on vessels and gear as well as individuals. This is important in a fishery like the Bering Sea [Korean] hair crab fishery and scallops, where large vessels may use a number of different skippers in a season. "Under the current statute, eligibility to participate during the moratorium is based on past participation. This requirement precludes the use of a moratorium in new fisheries or in fisheries that have remained closed for years. In these two situations, participation levels in an open access fishery may be initially too great to promote resource conservation and sustainable fisheries. HB 204 would allow the commission to implement a moratorium in such fisheries and base eligibility on other reasonable standards such as participation in similar fisheries. "Additionally, HB 204 would allow the state to extend its moratorium authority to offshore fisheries adjacent to state waters when consistent with federal law. "Improving the moratorium law is consistent with our concern for developing and protecting jobs, as well as streamlining government and resource protection." MS. DAUGHERTY advised that there was one amendment. Number 1464 DALE ANDERSON, Chairman, Commercial Fisheries Entry Commission (CFEC), stated support for the bill. He said there is a dysfunctional statute that creates an undue burden on fishermen. The CFEC would like to streamline access to be able to request a moratorium, rather than going through the convoluted process in place right now. Number 1505 REPRESENTATIVE HUDSON asked whether anyone has petitioned the CFEC against this change in the statutes. Number 1513 MR. ANDERSON replied that the CFEC received a letter from the Petersburg Vessel Owners Association asking for some clarifications. The CFEC met with the director, who expressed concern with the elimination of the board's participation in the moratorium process. Number 1550 REPRESENTATIVE HUDSON asked whether Mr. Anderson had seen the proposed amendment and whether he supports it. MR. ANDERSON said he had seen it and supports it. There is no real substantive change; it makes the bill easier to read. Number 1577 REPRESENTATIVE HUDSON asked whether the amendment is being offered by the prime sponsor. MS. DAUGHERTY said yes. Number 1645 REPRESENTATIVE MASEK made a motion to adopt the amendment, 0- LSO802\A.1, Utermohle, 4/14/97, which read: Page 3, lines 25 - 26: Delete all material. Insert "vessel permit to another vessel if the original permitted vessel is sunk, destroyed, or damaged to the extent that the vessel is inoperable for the fishery for which the permit is issued." REPRESENTATIVE HUDSON asked if there was any objection. There being none, the amendment was adopted. Number 1683 BRAD JOHNSON testified via teleconference from Ketchikan, saying he is strongly in favor of the bill. He said it is important to understand that in the time it takes to declare a moratorium on a fishery, the number of participants in the fishery can snowball overnight. For example, in one fishery, the hint of impending limited entry caused the number of permits to go from 186 to 332 in one month. With this bill in place, that would not happen. Number 1741 KRAIG NORHEIM testified via teleconference from Petersburg in support of the bill. He participates in the shrimp fishery, which is going into a limited entry process; 150 additional boats have been let into the fishery. Although the fishermen can take it, the resource cannot handle this increased pressure. He believes the date of the limited entry should have been moved back to January 1st of the year when they decided to adopt limited entry. He believes this bill will eliminate rushes into soon-to-be-limited fisheries. Number 1817 BRUCE SIEMINSKI testified via teleconference from Seward. He suggested when an impacted species gets "back on line," there should be provisions increasing the number of permits. He stated that he favors the bill. Number 1904 BRENNON EAGLE testified via teleconference from Wrangell in favor of the bill. The CFEC would have much more flexibility when deciding to limit a fishery. He gave the example of the pot shrimp fishery, which had a cut-off date to apply for a permit seven weeks following announcement of limited entry. With a moratorium, an extra 150 people could have been kept out of the fishery. Number 1848 BILL KNECHT testified via teleconference from Wrangell in favor of the bill. He stated that this legislation is a necessary tool to help regulate fisheries "so they don't explode out of the viable realm." He said he represents an association of about 25 members. They are 95 percent in support of this; the other 5 percent are undecided. He also sits on the Wrangell Fish and Game Advisory Board. With this tool in place, they will not have to spend numerous hours trying to figure out how to slow down the Southeast pot shrimp fishery. Number 2029 REPRESENTATIVE NICHOLIA made a motion to move HB 204, as amended, with individual recommendations and the attached fiscal note. Number 2040 REPRESENTATIVE HUDSON asked if there were any objections. There being none, CSHB 204(RES) was moved out of the House Resources Standing Committee.
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