03/28/2007 01:00 PM House RESOURCES

HB 186-SPORT FISHING GUIDE RECORDS                                                                                            
                                                                                                                                
1:04:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO announced  that the first order  of business would                                                               
be HOUSE BILL  NO. 186, "An Act relating to  sharing with certain                                                               
federal agencies records required of sport fishing guides."                                                                     
                                                                                                                                
1:05:12 PM                                                                                                                    
                                                                                                                                
TOM  WRIGHT,  Staff,  Representative John  Harris,  Alaska  State                                                               
Legislature, explained  that HB 186 authorizes  the department to                                                               
release records required of sport  fishing guides to the National                                                               
Oceanic and  Atmospheric Administration  (NOAA) and  the National                                                               
Marine Fisheries  Service (NMFS).   He  expressed hope  that this                                                               
would  allow NOAA  and NMFS  to make  better decisions  regarding                                                               
allocation and law enforcement.                                                                                                 
                                                                                                                                
1:06:22 PM                                                                                                                    
                                                                                                                                
DOUGLAS VINCENT-LANG,  Special Projects Coordinator,  Division of                                                               
Sport Fish,  Alaska Department of  Fish & Game  (ADF&G), informed                                                               
the  committee  that  when the  department  originally  addressed                                                               
guide licensing  and business licensing  in the sport  fish guide                                                               
industry,   there  was   agreement   to   make  the   information                                                               
confidential.    That  agreement   of  confidentiality  was  made                                                               
because  the logbook  contained  the client  lists  of the  sport                                                               
fishing businesses.   He said that there was never  the intent to                                                               
not  allow full  enforcement  of sport  fish  guiding around  the                                                               
state.   An example of that  recently arose in the  North Pacific                                                               
Fishery Management Council (NPFMC).   In that case, the inability                                                               
to  share logbook  information with  NMFS enforcement  eliminated                                                               
the preferred alternative tool of  both the sport fishing charter                                                               
industry and NPFMC, in terms  of regulating the fishery to obtain                                                               
the guideline harvest  level.  Since the  information couldn't be                                                               
shared,  the federal  program  would have  to  institute its  own                                                               
marine  logbook program  and the  charter vessel  operators would                                                               
have  to  have  two  logbooks  onboard.   He  related  that  even                                                               
amending  the statute  as suggested  in HB  186, the  information                                                               
would have to remain confidential  unless there's a violation and                                                               
the  matter made  it  into the  court system.    Under the  court                                                               
system,  the information  pertaining  to the  violation would  be                                                               
public.   Therefore, this legislation would  merely allow sharing                                                               
of  confidential  information  with   NMFS  enforcement  and  the                                                               
International   Pacific  Halibut   Commission  (IPHC)   with  the                                                               
understanding  that they  would keep  it confidential  except for                                                               
the enforcement of fishing regulations in the state.                                                                            
                                                                                                                                
1:09:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON recalled  that  the  original concern  was                                                               
that  the information  remain confidential,  which the  committee                                                               
has   been   ensured  is   the   case   with  this   legislation.                                                               
Representative  Seaton  said  that he's  comfortable  with  [CSHB
(FSH)].                                                                                                                      
                                                                                                                                
1:09:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO related  his  understanding that  Representatives                                                               
Wilson and Edgmon agree with Representative Seaton's statement.                                                                 
                                                                                                                                
CO-CHAIR JOHNSON noted his agreement with this legislation.                                                                     
                                                                                                                                
CO-CHAIR GATTO  then noted that  the legislation is  supported by                                                               
the Southeast Alaska Fisherman's Alliance.                                                                                      
                                                                                                                                
1:10:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO, upon  determining  that no  one  else wished  to                                                               
testify, [announced that public testimony was closed].                                                                          
                                                                                                                                
1:10:52 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON moved  to report CSHB 186(FSH)  out of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
notes.  There being no objection, it was so ordered.