03/11/2013 03:30 PM Senate RESOURCES

        SB  54-EXTEND HAIR CRAB & SCALLOP LIMITED ENTRY                                                                     
                                                                                                                                
3:31:18 PM                                                                                                                    
CHAIR GIESSEL announced SB 54 to be up for consideration.                                                                       
                                                                                                                                
SENATOR DYSON moved  conceptual Amendment 1 to  change the sunset                                                               
date to 2018 on page 1, line 9.                                                                                                 
                                                                                                                                
CHAIR GIESSEL objected for discussion purposes.                                                                                 
                                                                                                                                
3:32:00 PM                                                                                                                    
BENJAMIN   BROWN,   Commissioner,  Commercial   Fisheries   Entry                                                               
Commission (CFEC),  said this amendment changes  the extension of                                                               
the life  of this program  from a 10 year  extension to a  5 year                                                               
extension.  It's a  compromise;  some people  don't like  vessel-                                                               
based limited entry and expressed  concerns over this program and                                                               
a 5 year sunset date will  simply allow the issue to be revisited                                                               
in half  the time  as a  10 year  sunset extension,  during which                                                               
time the  dialogue can  continue to  alleviate concerns  of those                                                               
who don't like some aspects of the program.                                                                                     
                                                                                                                                
SENATOR  DYSON  said they  received  a  letter saying  the  North                                                               
Pacific Fisheries Management Council  (NPFMC) had considered this                                                               
issue but it wasn't an agenda  item and it had no opportunity for                                                               
public comment.                                                                                                                 
                                                                                                                                
MR. BROWN  said the  letter's assertion  was correct,  because he                                                               
attended the NPFMC meeting in Portland  and saw that it was taken                                                               
up  under "staff  tasking"  that occurs  at  every NPFMC  meeting                                                               
staff is asked to do things.                                                                                                    
                                                                                                                                
3:33:43 PM                                                                                                                    
SENATOR MCGUIRE joined the meeting.                                                                                             
                                                                                                                                
SENATOR DYSON wondered if it was  good public policy for an issue                                                               
that affects so  many other people to only come  before the staff                                                               
with  no opportunity  for stakeholders  to either  know of  it or                                                               
weigh in on it.                                                                                                                 
                                                                                                                                
MR.    BROWN    replied    the    NPFMC    and    the    Magnuson                                                               
Stevens   Act  are   entities  that   govern  federal   fisheries                                                               
management and  are much more  complex than  what they do  at the                                                               
state level.  He explained that  the letter was from  the federal                                                               
managers  in support  of continuing  the  state program,  because                                                               
there is some overlap in  the management regime of the fisheries.                                                               
There would  have been an  opportunity for the public  to comment                                                               
if the NPFMC  were going to be taking action  on the federal side                                                               
of things and  not just writing a letter in  support of the state                                                               
side  of things.  That  being  said, it  wasn't  the best  public                                                               
process  and if  he had  stayed around  through staff  tasking he                                                               
would  probably not  have been  prevented from  commenting during                                                               
the open comment period, but he didn't know.                                                                                    
                                                                                                                                
SENATOR DYSON  said it had  been awhile, but that  decision which                                                               
is part of the basis for  this bill affects the businesses of the                                                               
Kodiak and  Cook Inlet areas,  and he  wondered when they  had an                                                               
opportunity to weigh in on it.                                                                                                  
                                                                                                                                
MR. BROWN said  he couldn't tell him that; but  he could tell him                                                               
that the NPFMC supported extending the  sunset 5 years ago and he                                                               
didn't think they had changed  their position on the viability of                                                               
the Alaska's vessel-based limited entry  program. The NPFMC has a                                                               
"three meeting  outlook" meetings are publicly  noticed; there is                                                               
and  they are  held in  various locations  around Alaska  and the                                                               
Pacific Northwest.  He would have  to look at meeting  minutes to                                                               
discover what the public comment was.                                                                                           
                                                                                                                                
SENATOR DYSON  asked if they can  be assured that this  issue was                                                               
in the notice  that went out three times to  let people know that                                                               
the  board  was  going  to  take  actions  to  respond  to  staff                                                               
initiated action.                                                                                                               
                                                                                                                                
MR. BROWN  answered that he  could say with confidence  that when                                                               
they created the federal management  plan there would have been a                                                               
public comment  period, and  the gentleman  was right  that there                                                               
was no  notice about this  letter at  the most recent  meeting in                                                               
Portland. However, he  would be very surprised if  this issue had                                                               
no public  notice when  the substantive policy  was put  in place                                                               
and a significant chunk of time set aside for it.                                                                               
                                                                                                                                
He  also   mentioned  that  the   NPFMC  has  a   Scientific  and                                                               
Statistical Committee (SSC)  and an Advisory Panel  (AP), both of                                                               
which meet for several days  prior to the actual council meetings                                                               
and the  public can have  input there  on decisions that  will be                                                               
forwarded to the full council for action.                                                                                       
                                                                                                                                
3:39:33 PM                                                                                                                    
CHAIR GIESSEL  remarked they were  asking questions of  Mr. Brown                                                               
that he can't answer about a  process in a meeting that he didn't                                                               
run and, finding no further questions, withdrew her objection.                                                                  
                                                                                                                                
SENATOR MICCICHE  said he  supported the  amendment. He  also had                                                               
concerns, but  it's a difficult  fishery and this seems  like the                                                               
most efficient way  to get Alaskan scallops to market;  and the 5                                                               
years  gives concerned  folks time  to come  forward and  plead a                                                               
case.                                                                                                                           
                                                                                                                                
CHAIR GIESSEL, finding  no further objection to  the motion, said                                                               
that conceptual Amendment 1 was adopted.                                                                                        
                                                                                                                                
SENATOR DYSON associated himself  with Senator Micciche's remarks                                                               
and commented  that he doesn't  like limited entry but  it allows                                                               
management of the fisheries.                                                                                                    
                                                                                                                                
3:43:42 PM                                                                                                                    
SENATOR DYSON  moved to  report SB  54, as  conceptually amended,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
CHAIR  GIESSEL announced  that, without  objection, CSSB  54(RES)                                                               
moved from the Senate Resources Standing Committee.