Legislature(2005 - 2006)

04/22/2005 02:33 PM House RES


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02:33:38 PM Start
02:35:36 PM Confirmation Hearing(s) || Alaska Oil and Gas Conservation Commission
02:38:41 PM HB37
02:43:53 PM HB218
03:34:12 PM HB251
03:47:19 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 251-COMMERCIAL FISHING MULTIPLE PERMIT HOLDER                                                                              
                                                                                                                                
CO-CHAIR  SAMUELS  announced that  the  final  order of  business                                                               
would be  HOUSE BILL  NO. 251  "An Act  authorizing the  Board of                                                               
Fisheries to adopt regulations regarding  fishing by a person who                                                               
holds two entry permits for a salmon fishery."                                                                                  
                                                                                                                                
CO-CHAIR RAMRAS moved to adopt  HB 251, labeled 24-LS0770\F, as a                                                               
working document.                                                                                                               
                                                                                                                                
HENRY WEBB,  Staff to Representative Ralph  Samuels, Alaska State                                                               
Legislature,  said  HB  251  is the  logical  conclusion  to  the                                                               
legislation that  allowed fishermen  to hold  two permits.   This                                                               
bill would allow  the Board of Fish to  assign additional fishing                                                               
privileges for  those who hold more  than one permit in  a salmon                                                               
fishery, he  added.  Market  forces prompt permit holders  to buy                                                               
or sell their  permit, and this bill would not  require anyone to                                                               
buy or sell their permit.  Mr.  Webb said HB 251 would permit the                                                               
board  to allow  additional fishing  privileges.   It would  also                                                               
allow  specific  fisheries  to deal  with  situations  where  low                                                               
salmon prices  have contributed to  large numbers  of outstanding                                                               
or latent  permits.  The  committee substitute (CS)  requires the                                                               
fish board  to consider  this issue only  in their  normal three-                                                               
year cycle,  and it  makes a  technical amendment  recommended by                                                               
the Department of  Law to conform this  legislation to Commercial                                                               
Fisheries Entry Commission statute.                                                                                             
                                                                                                                                
CO-CHAIR  SAMUELS said,  "The point  of the  bill is  to let  the                                                               
board look  at ways in some  of these, where they've  got so many                                                               
permits and the  buy-back probably is not going to  happen, is to                                                               
allow to  get more  net out  of the  water, where  if I  fish and                                                               
Representative Ramras fishes, I can  buy his permit and the board                                                               
could say, OK,  we used to have  four shackles of gear,  and if I                                                               
own both permits, I'm allowed to  have three.  I've got two, he's                                                               
got two.   And let  the board of  fish work  out the ways  to get                                                               
around the details."                                                                                                            
                                                                                                                                
3:34:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  if the  bill would  allow a  person                                                               
with two entry permits to have a larger boat.                                                                                   
                                                                                                                                
MR. WEBB said it would be up  to the board.  It doesn't proscribe                                                               
that, he  said.   "It doesn't  proscribe anything.   It  says the                                                               
board  will be  able to  determine ...  allocative decisions  and                                                               
whatnot.  They'll be able to  determine what they want to do with                                                               
gear or boats  or anything under the  sun, as long as  it fits in                                                               
with the  constitution and existing  statute.  They  could decide                                                               
the particulars," he said.                                                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX  said under  section 3  the board  might be                                                               
able to allow for a larger boat.                                                                                                
                                                                                                                                
CO-CHAIR  SAMUELS said  the intent  is  more gear,  not a  larger                                                               
boat.  "We can certainly work on the language to ensure that."                                                                  
                                                                                                                                
3:35:48 PM                                                                                                                    
                                                                                                                                
MR. WEBB said the board can change the boat length now.                                                                         
                                                                                                                                
JERRY MCCUNE, United Fishermen of  Alaska (UFA), Juneau, said UFA                                                               
supports  the bill.   The  Board  of Fisheries  just allowed  two                                                               
permit holders  for one vessel in  Bristol Bay and have  an extra                                                               
shackle of  gear, he noted, so  this is for all  the fishermen in                                                               
Bristol Bay  who hold  a second permit  to be able  to go  to the                                                               
board and make  a request.  It  is a really good way  to do fleet                                                               
consolidation if that  fits someone's fishery, because  he or she                                                               
doesn't have to have any money,  he said.  It also gives options,                                                               
but it  won't fit  every fleet.   He noted  that the  bill covers                                                               
restructuring proposals, so  there would be public  hearings.  He                                                               
said,  "The 32-foot  is  in  regulation, so  the  board has  that                                                               
purview.  The  58-foot was taken out of statute  and put in area-                                                               
by-area that you  could bring it up in Prince  William Sound, you                                                               
could  bring it  up in  Southeast, or  you could  bring it  up in                                                               
Kodiak.  But  you have to go  before the board to  remove the 58-                                                               
foot limit."                                                                                                                    
                                                                                                                                
3:39:24 PM                                                                                                                    
                                                                                                                                
PETER THOMPSON,  Fisherman, Kodiak, said the  salmon industry has                                                               
been  an economic  disaster, and  the state  should make  it more                                                               
valuable  for anyone  who  attempts to  remain  in the  industry.                                                               
Fleet consolidation  is a concept  whose time has come,  he said.                                                               
He stated  that he  is tired  of task forces  and talks  that are                                                               
followed by no real action.   "Waiting for the state of Alaska or                                                               
Uncle Ted to bail  us out or buy back permits  is over," he said.                                                               
Giving the board the tools to effect  change is a good step.  For                                                               
every  stacked permit  in Bristol  Bay,  100 fathoms  of net  are                                                               
removed  from the  water,  he  figured.   There  are 1,857  drift                                                               
permits  in Bristol  Bay, allowing  for 5,571  shackles of  drift                                                               
gear.  If  just one third of the permit  holders stacked permits,                                                               
either  with another  permit holder  or one  individual with  two                                                               
permits on  a single vessel, that  would take over 22  percent of                                                               
the gear out the water in the  bay, he concluded.  "That would be                                                               
equal  to eliminating  70.5 miles  of drift  net."   He said  the                                                               
permit holders he has talked to support the intent of HB 251.                                                                   
                                                                                                                                
3:42:13 PM                                                                                                                    
                                                                                                                                
FRANK   HOMAN,    Commissioner,   Commercial    Fisheries   Entry                                                               
Commission,  said  the  commission  supports  the  bill  for  the                                                               
purpose of  fleet consolidation and  effort reduction.   He added                                                               
that it  is a simple,  non-mandatory tool  for the board  to use.                                                               
People would  have to come before  the board to state  their case                                                               
before using the provision, he said.                                                                                            
                                                                                                                                
3:43:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS  said the reason  he wrote this  legislation was                                                               
to "let the  private sector start eliminating some of  the net in                                                               
the  water."   There are  fears  that in  Bristol Bay,  20 to  30                                                               
percent of  the permits aren't  actually used, and those  will be                                                               
the ones that are sold, thereby  increasing the number of nets in                                                               
the water, he said.  The  other concern is that village residents                                                               
would be hurt  because they can't afford to buy  a second permit.                                                               
He said he tried to find  language "to put sideboards on it," but                                                               
he ran into  constitutional problems.  The Board  of Fisheries is                                                               
a better forum  to have this discussion, and  all the communities                                                               
can come forward at that time.   He believes the market place can                                                               
take better care than a non-existent government buy back.                                                                       
                                                                                                                                
3:46:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS moved to report CSHB 251, version 24-                                                                     
LS0770\F, out of committee with individual recommendations and                                                                  
the accompanying fiscal notes.  There being no objection, CSHB
251(RES) passed out of committee.                                                                                               

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