Legislature(2001 - 2002)

02/25/2002 03:37 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                SB 266-FISHERY ENHANCEMENT LOANS                                                                            
                                                                                                                              
MS. DEBORAH GRUNDMAN, staff to Senator Stevens, sponsor, said:                                                                  
                                                                                                                                
     SB 266 authorizes the Commissioner  of the Department of                                                                   
     Community  and Economic Development  to refinance  loans                                                                   
     made by  the Fisheries Enhancement Revolving  Loan Fund.                                                                   
     It  also gives the  commissioner the  ability to  extend                                                                   
     the term of  the loan when justified. A majority  of the                                                                   
     loans  made   under  this  program  carry   the  maximum                                                                   
     allowable interest  rate of 9.5%. Alaska  statutes allow                                                                   
     for interest rates of 1% over  prime not to exceed 9.5%.                                                                   
     New loans, if received today, would be at 6%.                                                                              
                                                                                                                                
     Hatcheries  would  like to  take  advantage  of a  lower                                                                   
     interest rate to bring down  their debt service, just as                                                                   
     other  businesses  and homeowners  are  currently  doing                                                                   
     throughout Alaska and the nation.                                                                                          
                                                                                                                                
SENATOR HALFORD  noted that one  provision was for  interest rates                                                              
and the  other allows for  refinancing in  excess of 30  years. He                                                              
asked when that would be necessary.                                                                                             
                                                                                                                                
CHAIRMAN  TORGERSON noted  he had drafted  a committee  substitute                                                              
that  has  new language  on  page  3,  line  1, that  reads:  "the                                                              
commissioner  shall submit  annually a report  to the  legislature                                                              
summarizing   the  commissioner's   decisions  during   the  prior                                                              
calendar year  to approve or deny  requests to extend  loans under                                                              
this paragraph and the reasons for the decisions;".                                                                             
                                                                                                                                
SENATOR WILKEN  moved to adopt  the proposed committee  substitute                                                              
(CS), labeled Utermohle 2/19, Version  T. There were no objections                                                              
and it was so ordered.                                                                                                          
                                                                                                                                
MR.  GREG WINEGAR,  Director,  Division of  Investments,  answered                                                              
Senator   Halford's  question   by  saying   it  was  similar   to                                                              
refinancing a home. He explained:                                                                                               
                                                                                                                                
     The way  the department has  interpreted the  statute is                                                                   
     under this program  is you get 30 years total.  So, this                                                                   
     would give us the ability if  someone had paid in to the                                                                   
     loan for  five or six  years that  we would be  able to,                                                                   
     like refinancing  your home,  go ahead  and give them  a                                                                   
     30-year loan.                                                                                                              
                                                                                                                                
SENATOR HALFORD asked if there is  another section of statute that                                                              
clearly says  that the  collateral has to  be considered  also. He                                                              
stated: "All this  says is the term of the loan  would be extended                                                              
if  it meets  financial hardship."  He assumed  that somewhere  in                                                              
statute, the  division must  follow some kind  of a standard  that                                                              
says it  has to follow  good financial  practices relating  to the                                                              
life of the collateral.                                                                                                         
                                                                                                                                
MR. WINEGAR said that is correct,  but he didn't have it with him.                                                              
He  responded, "It  is something  we  look at  when we  look at  a                                                              
refinancing request."                                                                                                           
                                                                                                                                
SENATOR HALFORD asked  what the status of the loans  are right now                                                              
with regard to collateral to face value.                                                                                        
                                                                                                                                
MR.  WINEGAR replied  that  is difficult  to  answer. In  regional                                                              
associations  they have  an assignment  of the  tax, for  example.                                                              
They  also make  an assignment  of the  fish that  are out in  the                                                              
ocean, as well as the physical plant, etc.                                                                                      
                                                                                                                                
SENATOR  HALFORD asked  if they do  an annual  report that  weighs                                                              
that out.                                                                                                                       
                                                                                                                                
MR. WINEGAR replied they don't.                                                                                                 
                                                                                                                                
SENATOR HALFORD  asked if there was  a database as to  hard assets                                                              
on the loans.                                                                                                                   
                                                                                                                                
MR. WINEGAR  replied that  they do that  analysis when  making the                                                              
loan, but they don't review it on an annual basis.                                                                              
                                                                                                                                
SENATOR HALFORD said  he would like to know what  happens when the                                                              
product comes  down to  $.05 per  lb., and if  that's part  of the                                                              
collateral.                                                                                                                     
                                                                                                                                
CHAIRMAN TORGERSON  said they  must have  some idea between  fixed                                                              
assets and loans.                                                                                                               
                                                                                                                                
MR. WINEGAR  said  they look  at that  at the time  they make  the                                                              
loans. He stated:                                                                                                               
                                                                                                                                
     Normally we have  a whole series of types  of collateral                                                                   
     to   secure   the  loan   including,   sometimes,   EVOS                                                                   
     assignments  on  loans that  were  affected  by the  oil                                                                   
     spill.  We do  evaluate that  at  the time  we make  the                                                                   
     loan. It's just we don't do  that on an annual basis for                                                                   
     the whole portfolio.                                                                                                       
                                                                                                                                
SENATOR ELTON pointed out the collateral  would be reviewed at the                                                              
time  of refinancing  and  this would  provide  a  system for  one                                                              
update that wouldn't be there if they didn't refinance.                                                                         
                                                                                                                                
MR. WINEGAR said that is correct.                                                                                               
                                                                                                                                
SENATOR HALFORD  requested a status  report of the loans  in terms                                                              
of their current assessment based on current collateral values.                                                                 
                                                                                                                                
MR. WINEGAR said the division would work on that.                                                                               
                                                                                                                                
SENATOR  STEVENS  said  he  thought  they  could  address  Senator                                                              
Halford's concern with a synopsis  of the total number of loans to                                                              
each hatchery and their amortization schedule.                                                                                  
                                                                                                                                
MR. WINEGAR replied the division could.                                                                                         
                                                                                                                                
SENATOR HALFORD said the collateral value was something else.                                                                   
                                                                                                                                
SENATOR  STEVENS  pointed out  that  each hatchery  that  receives                                                              
loans has  a series of  loans. So, each time  they do a  loan, the                                                              
division has to do that analysis.                                                                                               
                                                                                                                                
MR. WINEGAR replied:                                                                                                            
                                                                                                                                
     What  we  have  in  this  portfolio  is  about  a  dozen                                                                   
     borrowers that have multiple  loans and so we're looking                                                                   
     at them  periodically as  they request  new loans  or if                                                                   
     they need assistance…. For example,  if they need to ask                                                                   
     for an extension of some sort,  we evaluate them at that                                                                   
     time as well.                                                                                                              
                                                                                                                                
MR.  DAVE COBB,  business  manager, Valdez  Fisheries  Development                                                              
Association, Inc., supported SB 266 and said:                                                                                   
                                                                                                                                
     This  bill sponsored  by Senator Stevens  and others  is                                                                   
     one  of  the  tools needed  by  the  commercial  fishing                                                                   
     industry and  the hatchery system to  remain competitive                                                                   
     in   today's    global   fisheries   environment.    The                                                                   
     refinancing   of  hatchery   loans  at  the   prevailing                                                                   
     interest  rate  will  allow most  hatcheries  to  reduce                                                                   
     their  annual  loan  payment  significantly  and  reduce                                                                   
     their  operating  costs. Any  reduction  in the  overall                                                                   
     operation   budget  of   Valdez  Fisheries   Development                                                                   
     Association  will  mean  more  fish  to  the  commercial                                                                   
     fishermen of the area because their cost [indisc.].                                                                        
                                                                                                                                
     While this  bill is a very  important step to  the state                                                                   
     hatchery  system, it  is only  one of  the many  changes                                                                   
     that must  occur to the  commercial fishing  industry in                                                                   
     Alaska  to  survive.  [This   program]  started  by  the                                                                   
     legislature   in   1974   has  met   or   exceeded   the                                                                   
     expectations  placed   on  the  program.   However,  the                                                                   
     competitive  playing field has  changed from a  position                                                                   
     of  strong  market  presence  to one  of  massive  world                                                                   
     competition  and dumping  of fisheries  products on  the                                                                   
     market at less than the cost of production.                                                                                
                                                                                                                                
     We,  the State  of  Alaska, and  all  of the  interested                                                                   
     players,  must change in  order for us  to survive  in a                                                                   
     competitive market  place. This bill begins  the process                                                                   
     of change. Thank you.                                                                                                      
                                                                                                                                
MS. SUE ASPELUND, Executive Director, Cordova District Fishermen                                                                
United, gave them some specifics of what their aquaculture                                                                      
association provides to their region. She stated:                                                                               
                                                                                                                                
     In 2,000, estimated economic  impacts resulting from the                                                                   
     production   and  harvest   of   Prince  William   Sound                                                                   
     Aquaculture  Corporation [PWSAC]  were  $109 million  in                                                                   
     total output, including $34  million in labor income and                                                                   
     more than  1,280 jobs. Within the commercial  harvesting                                                                   
     sector, Alaska  resident permit holders see  most of the                                                                   
     economic benefits  of PWSAC production. In  2000, Alaska                                                                   
     permit  holders harvested  about 75%  or $15 million  of                                                                   
     the PWSAC  ex-vessel value with the remaining  25% going                                                                   
     to non-residents.  Commercial fishing residents  from 30                                                                   
     Alaskan communities earn an  income from PWSAC families,                                                                   
     not only  from coastal communities, but  including those                                                                   
     from  urban areas  such as  Anchorage, Palmer,  Wasilla,                                                                   
     Juneau and  Fairbanks. Between 1990 and 2000,  the total                                                                   
     wholesale value of commercial  and cost recovery harvest                                                                   
     of PWSAC  salmon was worth over  half a billion  to over                                                                   
     20  Alaskan seafood  processors with  an average  annual                                                                   
     value of more than $45 million.                                                                                            
                                                                                                                                
     Processing  of PWSAC  fish  generated  an estimated  $70                                                                   
     million in  total output in 2000, including  $19 million                                                                   
     in payroll and  700 jobs. The PWSAC salmon  also counted                                                                   
     the following  percentages of sport fish harvest  in the                                                                   
     Prince  William Sound  region  from 1996  to  2000 -  80                                                                   
     percent  of the  chum  salmon, 70%  of  Chinook, 35%  of                                                                   
     sockeye, 20% of coho and 10%  of the pinks. The economic                                                                   
     impacts  from  the  2000  sport  fish  harvest  were  an                                                                   
     estimated   $2  million  in   total  output,   including                                                                   
     $800,000 in payroll and 64 jobs.                                                                                           
                                                                                                                                
     Since  1995, Alaskans  from 140 towns  across the  state                                                                   
     harvested  nearly 150,000  PWSAC  sockeye salmon  during                                                                   
     the   Copper   River  personal   use   and   subsistence                                                                   
     fisheries.  PWSAC contributes  about  70 annual  average                                                                   
     jobs to  their economy  with an  annual payroll of  more                                                                   
     than $2.6 million.                                                                                                         
                                                                                                                                
     The   economic   impact  from   PWSAC   employment   and                                                                   
     expenditures  to  the  regional [indisc.]  of  2000  for                                                                   
     $10.1 million in total output  including $4.6 million in                                                                   
     payroll  and 154  jobs. These  facts  provide a  graphic                                                                   
     demonstration…of  PWSAC's importance  as a regional  and                                                                   
     statewide economic engine.…                                                                                                
                                                                                                                                
She said  that the changing  global marketplace and  the faltering                                                              
Japanese economy  have resulted  in a  lower ex-vessel  value that                                                              
require our hatcheries  to take greater percentages  of production                                                              
as cost recovery  in an effort  to make their loan  payments. They                                                              
need the ability  to refinance hatchery debt to  take advantage of                                                              
decreased  interest  rates provided  for  in  SB 266.  This  would                                                              
result in  hatcheries being able  to immediately supply  more fish                                                              
to the common property harvest.                                                                                                 
                                                                                                                                
MR.  CARL  ROSIER,  Alaska  Outdoor  Council,  said  the  hatchery                                                              
program  has been  a  real boon  all  over Alaska  as  far as  the                                                              
recreation  fishery  is  concerned. He  supported  CSSB  266(RES).                                                              
Their early concerns were taken care of.                                                                                        
                                                                                                                                
MR. JOHN CARTER,  Director, Douglas Island Pink  and Chum (DIPAC),                                                              
supported CSSB 266(RES) and said:                                                                                               
                                                                                                                                
     The  private  non-profit  (PNP)   hatchery  program  was                                                                   
     created  by  the legislature  to  replace  the  hatchery                                                                   
     program  operated  by the  state's  Fish and  Game  FRED                                                                   
     Division.  The  FRED hatcheries  were  operated  through                                                                   
     annual appropriations  to the  State Department  of Fish                                                                   
     and  Game. The  PNP hatchery  program was  created as  a                                                                   
     user pay entity.  To get the program started,  the state                                                                   
     gifted    some   existing    hatcheries   to    regional                                                                   
     corporations,   but   primarily  created   the   fishery                                                                   
     enhancement revolving  loan fund. This fund,  along with                                                                   
     a  tax  on  commercial fishermen,  was  to  provide  for                                                                   
     construction  and operational  funds as the  enhancement                                                                   
     program developed.                                                                                                         
                                                                                                                                
     Twenty-five  plus years  later  and over  $1 billion  in                                                                   
     fish, the  PNP hatchery programs  are described  even by                                                                   
     some of  its detractors  as "some of  the best in  North                                                                   
     America."    They   have    made   dramatic    financial                                                                   
     contributions to many areas  of the state. When asked by                                                                   
     others who don't understand  the concept of private non-                                                                   
     profit,  I  usually  fall back  on  the  phrase  "public                                                                   
     trust."   I  really   believe  that   that's  the   best                                                                   
     description of the way most of us view the job.                                                                            
                                                                                                                                
     That  being  said,  we  are still  a  business  and  are                                                                   
     responsible for  budgets and payroll and of  course debt                                                                   
     service. What we  are asking for here is  the ability to                                                                   
     refinance  our debt at  a lower  interest rate. This  is                                                                   
     obviously going  on in many businesses across  the state                                                                   
     and across the country. Taking  advantage of the current                                                                   
     low  interest  environment   just  makes  good  business                                                                   
     sense.  Simply  put,  refinancing  will  strengthen  our                                                                   
     financial position, make us  better able to pay our debt                                                                   
     and more  able to  continue doing  the job of  providing                                                                   
     fish  to the  commercial and  sport  fishers across  the                                                                   
     state. This  will mean principal  and interest  are paid                                                                   
     into the fund  at a slower rate, but loan  demand on the                                                                   
     fund is  slowed dramatically so  the fund will  still be                                                                   
     financially sound.  I thank you for any support  you can                                                                   
     give and I'm available for questions.                                                                                      
                                                                                                                                
SENATOR TAYLOR moved to pass CSSB 266(RES) with individual                                                                      
recommendations and the accompanying zero fiscal note. There were                                                               
no objections and it was so ordered.                                                                                            

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