Legislature(2003 - 2004)

03/30/2004 01:35 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         HB 478-COMMERCIAL FISHING INTERIM USE PERMITS                                                                      
                                                                                                                                
CHAIR BUNDE announced HB 478 to be up for consideration.                                                                        
                                                                                                                                
REPRESENTATIVE PEGGY WILSON, sponsor, said:                                                                                     
                                                                                                                                
     In a  recent decision of  the Alaska Court  of Appeals,                                                                    
     they   held  that   the   Commercial  Fisheries   Entry                                                                    
     Commission  (CFEC)   lacked  the  authority   to  issue                                                                    
     interim use permits in fisheries  that they do not have                                                                    
     the  authority  to  limit.  So, this  bill  is  just  a                                                                    
     housekeeping measure that clarifies  that the CFEC does                                                                    
     have  the authority  to issue  interim  use permits  in                                                                    
     these  fisheries and  this clarification  is consistent                                                                    
     with  the original  intent and  purpose of  the current                                                                    
     statute and  is consistent with the  permitting actions                                                                    
     of the CFEC for the last 31 years....                                                                                      
                                                                                                                                
CHAIR  BUNDE asked  if interim  use permits  are issued  in areas                                                               
without limited entry, but where permits are involved.                                                                          
                                                                                                                                
REPRESENTATIVE WILSON replied that  is correct. In this instance,                                                               
fishermen  needed an  interim  use permit  if  they were  fishing                                                               
outside  the three-mile  limit,  but came  into  state waters  to                                                               
process and sell their fish.                                                                                                    
                                                                                                                                
SENATOR GARY  STEVENS said  he assumed this  was an  extension of                                                               
CFEC's  responsibilities that  might require  a fiscal  note, but                                                               
noted  the fiscal  note is  zero  because nothing  is being  done                                                               
differently.                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON agreed.                                                                                                   
                                                                                                                                
CHAIR BUNDE noted  a letter of support from  the United Fishermen                                                               
of Alaska.                                                                                                                      
                                                                                                                                
SENATOR GARY  STEVENS moved  to pass HB  478 from  committee with                                                               
individual  recommendations   and  attached  zero   fiscal  note.                                                               
Senators  Hollis French,  Gary  Stevens, Bettye  Davis and  Chair                                                               
Bunde voted yea; and HB 478 moved from committee.                                                                               

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