Legislature(2023 - 2024)BUTROVICH 205
04/17/2023 03:30 PM Senate RESOURCES
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SB92 | |
SB69 | |
HJR11 | |
SB82 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 69 | TELECONFERENCED | |
+= | HJR 11 | TELECONFERENCED | |
*+ | SB 82 | TELECONFERENCED | |
+= | SB 92 | TELECONFERENCED | |
SB 82-COOK INLET: NEW ADMIN AREA;PERMIT BUYBACK 4:40:45 PM CO-CHAIR BISHOP announced the consideration of SENATE BILL NO. 82 "An Act relating to the powers of the Alaska Commercial Fisheries Entry Commission; relating to administrative areas for regulation of certain commercial set net entry permits; establishing a buy-back program for certain set net entry permits; providing for the termination of state set net tract leases under the buy-back program; closing certain water to commercial fishing; and providing for an effective date." 4:41:05 PM SENATOR JESSE BJORKMAN, District D, Alaska State Legislature, Juneau, Alaska, sponsor of SB 82, introduced the legislation speaking to the following sponsor statement: Senate Bill 82 is the result of sport and commercial fishermen in Cook Inlet working together toward a viable solution to conserve King Salmon. Alaskans aware of the struggles between user groups when it comes to Cook Inlet fisheries know that it is a rare occurrence for agreement on a major policy call that effects all of them. For decades there has been an unhealthy tension between commercial set net fishermen who fish on the east side of Cook Inlet and other user groups on the Kenai and Kasilof Rivers. This legislation will help alleviate a significant proportion of that tension. SB 82 supports all user groups; commercial, sport, personal use and subsistence, providing relief by reducing the number of set netters in the east side set net fishery by nearly half. Thru reducing the number of set net operations on the east side of Cook Inlet we will see a more viable commercial fishery for those remaining and adequate production for the processing industry. We will also see more fish available for in-river users. The bill offers set net fishermen, some of whom have fished in the area for generations, a way to fairly exit the fishery or to reinvest in remaining operations once the 200 permit and site reductions take place. In the 1980s there was a migration of set net fishermen to the east side of Cook Inlet. Returns were large, fishing in the area was lucrative and access to processors was easy. The appeal to commercial fishermen was irresistible. As pressure on stocks increased and commercial fishing profitability began to wane, processors began leaving the area. Over time, set net fishermen saw fewer and fewer opportunities to fish. In recent years there have been very few openings during the entire season. This year, the fishery has been closed by ADF&G order. This voluntary program established by SB 82 would become effective only after an election held amongst the permit holders. Once established, permit holders would apply for the program and 200 permits would be drawn in lottery-fashion to determine the order of permit retirement. When a permit is retired, the waters where the permit was fished would be closed to future commercial fishing. Improved King Salmon conservation and a more viable set net fishing industry make this concept a win-win for all user groups. I respectfully ask for your support of this legislation for the benefit of all the salmon user groups on the Kenai Peninsula. SENATOR BJORKMAN stated that the only difference between this and the previous iteration of the bill is that the current bill does not change the powers of the Commercial Fisheries Entry Commission. 4:45:01 PM KONRAD JACKSON, Staff, Senator Jesse Bjorkman, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for SB 82. Section 1: Amends the uncodified law of the State of Alaska by adding a new section which establishes that this legislation may be known as the East Side of Cook Inlet Set Net Fleet Reduction Act. Section 2: Amends the uncodified law of the State of Alaska by adding new Legislative findings and intent relating to the bill. Section 3: Amends AS 16.43.200 by adding 2 new subsections: (c) Establishes an area of the Upper Subdistrict of the Cook Inlet Central District as a distinct administrative area separate from the Cook Inlet Central District on December 31, 2023. This area is made up of the statistical areas identified on January 1, 2023 as 244-21, 244- 22, 244-31, 244-32, 244-41 and 244-42. (d) Provides that an individual who has a set net permit for the Cook Inlet Central District on December 31, 2023 is not entitled to set net in the administrative area created under this section as of January 1, 2023 unless the permit has been reassigned to that new administrative area. Section 4: Amends the uncodified law of the State of Alaska by adding a new section which provides how the commission will determine whether an individual who holds a set net entry permit in the Cook Inlet Central District on January 1, 2024 is reassigned an entry permit for the administrative area established under AS 16.43.200(c) (added by sec. 3 of the bill) or the portion of the Cook Inlet Central District that was not assigned into the administrative area established under AS 16.43.200(c). Section 5: Amends the uncodified law of the State of Alaska by adding a new section which defines the appeals process in the new administrative area. This section provides that a provisional license will be issued pending resolution of an appeal and the provisional permit holder may cast a provisional ballot in the election established under section 6. Section 6: Amends the uncodified law of the State of Alaska by adding a new section which requires on April 1, 2024 an election be conducted by the commission among persons holding permits in the new administrative area, to affirm support or opposition to a buy-back program. Requires the commission provide public notice of the election, hold public meetings concerning the election, and clarify the details of the buy-back program to those participating in the election. Section 7: Amends the uncodified law of the State of Alaska by adding a new section which establishes the set net entry permit buy-back program for certain permits fished in the administrative area established under AS 16.43.200(c) (added by sec. 3 of the bill). This section will only take effect if approved in an election by the set net entry permit holders in the administrative area established under AS 16.43.200(c). If it is approved, the buyback program will become law 30 days following notification of the Lt. Governor (see secs. 9 and 11). Sets qualifications for participation in the program, provides the buy-back price for permits, requires that the purchased permits be cancelled and not re-issued, provides that certain waters that were fished with permits purchased under the program will be closed to future commercial salmon fishing, and specifies other details of the buy-back program. Section 8: Amends the uncodified law of the State of Alaska by adding a new section which requires the commission to provide a written report to the Legislature on the status of the program not later than January 15, 2030. Section 9: Amends the uncodified law of the State of Alaska by adding a new section which requires the chair of the commission to notify the Lieutenant Governor and the Revisor of Statutes of the outcome of the election held under section 6. Section 10: Repeals sections 1, 2, 7 and 8 on June 30, 2030. Section 11: Amends the uncodified law of the State of Alaska by adding a new section which provides that secs. 1, 2, 7, and 8 take effect only if notice is provided under section 9 that the buy-back program established under section 7 was approved. Section 12: Effective Date Clause. Section 4 of the bill takes effect January 1, 2024. Section 13: Effective Date Clause. Provides if sections 1, 2, 7 and, 8, take effect under section 11, they take effect 30 days following the date of the notice provided in section 9 that the buyback program was approved. Section 14: Effective Date Clause. Except as provided in sections 12 and 13, the bill takes effect July 1, 2023. 4:49:48 PM SENATOR BJORKMAN directed attention to page 2, line 4, and highlighted that the bill would have no adverse effect on the state treasury. The funding to support the optional buyback program is designed to come from non-governmental organizations or grants. CO-CHAIR BISHOP noted that Section 3 identifies the areas from which the 200 permits might come. He asked if permit holders who decide not to participate could continue to fish in the same area. SENATOR BJORKMAN answered that the statistical area remains open to the set netters who decided not to participate in the buyback. The statistical area is closed to commercial fishing for the retired permit. 4:51:45 PM SENATOR DUNBAR said he assumes that each permit holder has the option to participate in the buyback program. It's not binding on every member who votes, even if they vote "no." SENATOR BJORKMAN confirmed that was correct. SENATOR DUNBAR observed that this was not a quota fishery so the remaining permits would gain in value as they are able to catch more fish. SENATOR BJORKMAN said a goal of the program is to develop a more economically viable east-side set net fishery, and a reduction of gear theoretically would leave more fish for the remaining set netters. 4:53:00 PM SENATOR DUNBAR asked if it would be accurate to say that the goal is to create a more economically sustainable fishery rather than reduce the total catch because the remaining sites presumably would catch more fish. SENATOR BJORKMAN replied that the nets can only catch so much and the fishing time is limited based on where the nets are placed on the beach and within the tide cycle. Less gear in the water translates to fewer fish caught. 4:54:34 PM CO-CHAIR GIESSEL asked whether reducing the Chinook salmon catch was still an aspect of the legislation. SENATOR BJORKMAN said yes. CO-CHAIR GIESSEL asked how $260,000 for the buyback was determined. MR. JACKSON explained that $260,000 is an aggregate of 10 years historical fishing revenue for each permit. A small portion was included for administrative costs for the CFEC to administer the program and for some level of tax protection. 4:55:41 PM SENATOR CLAMAN offered his perspective that the buybacks would create a patchwork area. SENATOR BJORKMAN directed attention to the map in the packets; the red outline reflects the location of gear currently in the water and the boxes reflect set net sites. When a set net permit is sold, three nets would be removed from the fleet and that water would be closed to commercial fishing. The statistical area would exist but the area where those three nets used to fish would be closed. SENATOR CLAMAN observed that the map would have 200 fewer boxes. SENATOR BJORKMAN agreed. 4:57:40 PM CO-CHAIR BISHOP discerned there were no further questions and announced he would hold SB 82 in committee.
Document Name | Date/Time | Subjects |
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SB 82 Sponsor Statement.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 ver A.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Sectional Analysis ver A.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Fiscal Note ADFG - Central Region Fisheries Management.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Supporting Documents-DNR Shore Fishery Leasing Fact Sheet 10.1.2010.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Supporting Documents-DNR Shore Lease Fishery Sites Map 01.18.18.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Supporting Documents-Eastside Setnet Area Map.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Supporting Documents-News Article ADN 8.12.21.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Supporting Documents-News Article KDLL Radio 03.02.23.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Supporting Documents-News Article Peninsula Clarion 03.24.23.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 82 Supporting Documents-Upper Cook Inlet Management Area Statistical Areas.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
HJR 11 Sponsor Statement.pdf |
SRES 4/17/2023 3:30:00 PM |
HJR 11 |
HJR011 Ver. A.PDF |
SRES 4/17/2023 3:30:00 PM |
HJR 11 |
HJR 11 Fiscal Note HRES.pdf |
SRES 4/17/2023 3:30:00 PM |
HJR 11 |
HJR 11 Letters of Support through 04.15.23.pdf |
SRES 4/17/2023 3:30:00 PM |
HJR 11 |
SB 82 Fiscal Note DNR.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 82 |
SB 92 Amendment #1.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 92 |
SB 69 SRES DNR Answers to Committee Questions 04.17.23.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 69 |