Legislature(2003 - 2004)
04/02/2003 03:35 PM Senate RES
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* first hearing in first committee of referral
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SJR 12-SUPPORTING HALIBUT BYCATCH PROJECT
SENATOR GARY STEVENS, sponsor of SJR 12, explained to members
that he introduced this resolution at the request of the Alaska
Food Coalition. SJR 12 is a plan to support the Coalition's
request to the National Marine Fisheries Service (NMFS) to use
halibut by-catch for the Coalition's food bank. This plan is
remarkable in that fishermen and processors stepped forward and
offered to provide community service for no personal benefit. He
explained that trawl fishermen are currently prohibited from
keeping halibut caught accidentally in the course of catching
pollock. The fishermen are required, by federal law, to dump the
halibut by-catch back into the sea. Certain processors have
indicated a willingness to process that halibut by-catch at no
charge and provide it for charitable uses.
SENATOR GARY STEVENS told members the Alaska Food Coalition has
the funds available to freeze, store and transport this halibut
to many parts of Alaska. If SJR 12 passes, the resolution will
be sent to the NMFS and the North Pacific Fisheries Management
Council (NPFMC). The Coalition has applied to those agencies for
a prohibited species donation permit to use halibut by-catch. He
pointed out that vessels must have an official observer on board
to participate in this program.
SENATOR GARY STEVENS told members he has a proposed amendment
that was requested by the industry. SJR 12 contains the word
"wasted." The industry would prefer not to use that word because
it implies that fishermen are wasting the fish when they are
required by law to dump it back into the sea. The amendment
replaces the word "wasted" with "at sea discarded".
SENATOR ELTON asked how many halibut survive.
SENATOR GARY STEVENS said he believes most are dead by the time
they are brought aboard.
SENATOR ELTON questioned whether the first resolve clause of SJR
12 should specify halibut by-catch that has expired to clarify
that any live halibut are tossed back into the sea.
SENATOR BEN STEVENS told members that fishermen are not allowed
to keep halibut by-catch without the prohibited species donation
permit so a small longliner vessel without an observer would
have to discard by-catch at sea.
SENATOR ELTON said he assumes the point of the first resolve
clause is that live halibut must be thrown back and not kept
just because it could be donated to the food bank.
SENATOR BEN STEVENS said he believes the operators will have to
use discretion and that most operators would throw the by-catch
overboard if there is any chance of survival.
CHAIR OGAN asked if they are required to.
SENATOR BEN STEVENS said they are required to throw the by-catch
back regardless of whether it is dead or alive unless they have
the permit.
SENATOR ELTON said he would like to see the first resolve clause
clarify that live halibut cannot be kept to donate to the food
bank program.
SENATOR BEN STEVENS pointed out that the word "dead" is used in
line 6. He said he understands Senator Elton's point, but it is
illegal to keep any halibut without a permit.
CHAIR OGAN asked if a fisherman with a permit is required to
throw back live halibut.
SENATOR BEN STEVENS said the prohibited species donation program
is only related to dead fish.
SENATOR GARY STEVENS said it is not the intent of SJR 12 to keep
live halibut.
SENATOR SEEKINS suggested inserting the word "dead" before
"halibut" on page 1, line 16.
SENATOR BEN STEVENS suggested adding Senator Seekins' suggested
language change to Amendment 1 when it is offered.
SENATOR SEEKINS moved to adopt Amendment 1, which reads as
follows.
A M E N D M E N T 1
OFFERED IN SENATE RESOURCES BY SENATOR SEEKINS
TO: SJR 12, DRAFT VERSION A
1. On page 1, line 6, after "halibut" delete "wastefully"
2. On page 1, line 10, replace "wasted" with "at sea
discarded"
3. On page 1, line 16, after "otherwise", replace "a
wasted" with "an unutilized"
4. Renumber accordingly.
SENATOR LINCOLN objected and asked if Senator Seekins' suggested
language was included in Amendment 1.
CHAIR OGAN said it was not.
SENATOR LINCOLN withdrew her objection.
SENATOR BEN STEVENS moved to amend Amendment 1 by adding:
On page 1, line 16, insert "dead" between "the" and
"halibut".
SENATOR GARY STEVENS suggested the words "recently deceased" but
concurred with the amended amendment.
SENATOR LINCOLN objected because she planned to offer an
amendment as well and was not sure whether to offer it as
another amendment to Amendment 1.
CHAIR OGAN asked Senator Lincoln if her amendment had any affect
on Amendment 1.
SENATOR LINCOLN said it did not.
CHAIR OGAN asked her to offer it separately.
SENATOR LINCOLN removed her objection.
CHAIR OGAN announced the motion to adopt the amendment to
Amendment 1 carried.
SENATOR LINCOLN noted that Senator Gary Stevens' sponsor
statement says that SJR 12 will only apply to halibut by-catch
on vessels with observers but she does not see that limitation
anywhere in the resolution. She asked if that is a requirement
of the prohibited species donation permit.
SENATOR GARY STEVENS explained that a food bank from Seattle
currently has a prohibited species donation permit for Bering
Sea halibut. No other agencies have such a permit. That permit
is only for vessels with observers. He believes that NMFS will
ensure when it offers a permit that the by-catch must come from
vessels with observers.
SENATOR LINCOLN said she would not be offering an amendment in
that case.
SENATOR BEN STEVENS pointed out that the answer to both of the
committee's questions about the process can be found on page 3
of a document entitled, "Prohibited Species Donation Program
Proposal and Application of the Alaska Food Coalition" in
members' packets.
TAPE 03-21, SIDE B
CHAIR OGAN asked how the fish will be distributed.
SENATOR GARY STEVENS said the Kodiak Food Bank is located at the
Kodiak Baptist Mission. When people come in, the food bank
provides them with halibut filets. The food bank will also ship
the halibut to other communities that want them. He said the
Alaska Food Coalition is a statewide system. He believes the
fish will be processed in Kodiak because that is where the
processors who offered to do so are located. However, if the
program can be moved to more communities, it would be even more
accessible.
CHAIR OGAN clarified that the committee adopted the amendment to
Amendment 1 but not Amendment 1. He asked if there was objection
to adopting Amendment 1 as amended. There being none, CHAIR OGAN
announced that was adopted too.
SENATOR SEEKINS told members he spoke with the Fairbanks Food
Bank earlier, which supports this resolution. The Fairbanks Food
Bank will be one of the distribution points through the Alaska
Food Coalition.
CHAIR OGAN stated on a recent visit he was very impressed with
the kindness of the people and with the processors in Kodiak.
He then took public testimony.
MR. TREVOR JONES, representing the Alaska Food Coalition,
affirmed that the Coalition's proposal requires that halibut
come from vessels with observers only. He said the amendment
will not hurt the resolution at all, however "by-catch" by
definition is dead fish. He offered to answer questions.
MS. SUSANNAH MORGAN, Executive Director of the Food Bank of
Alaska and an officer in the Alaska Food Coalition, told members
that the Coalition has a 15,000-foot warehouse that meets all
health and safety codes in Anchorage. The fish would be
transported from Kodiak to Anchorage and distributed from there.
SISTER NOREEN, St. Frances House, a food pantry in Anchorage,
stated support for SJR 12 and thanked members for their
consideration of the measure. She said many of the people served
by the St. Frances House will benefit from this proposal.
MS. SARA JACKSON, program manager for St. Frances House,
expressed her appreciation to Senator Gary Stevens and all of
the people who are supporting SJR 12. She said her organization
is seeing more hungry people and fewer resources so this
resolution will be very helpful.
SENATOR WAGONER suggested asking NMFS to permit this program for
two years so that legislation will not be required again next
year.
SENATOR GARY STEVENS said the resolution only states support for
the permit approval and that the rest of the application process
is out of the legislature's hands.
There being no further public testimony, SENATOR WAGONER moved
CSSJR 12(RES) from committee.
SENATOR ELTON objected to say that he is in awe of the people
who are behind this program. He then removed his objection and
the motion carried.
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