Legislature(1995 - 1996)

01/24/1996 05:02 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              HOUSE SPECIAL COMMITTEE ON FISHERIES                             
                        January 24, 1996                                       
                           5:02 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Alan Austerman, Chairman                                       
 Representative Carl Moses, Vice Chairman                                      
 Representative Scott Ogan                                                     
 Representative Gary Davis                                                     
 Representative Kim Elton                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members were present.                                                     
                                                                               
 OTHER HOUSE MEMBERS PRESENT                                                   
                                                                               
 Representative Joe Green                                                      
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 Guide/Charter Task Force Proposal Presentation                                
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 No previous action on this presentation.                                      
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 BUD HODSON, Chair                                                             
 Sport Fishing Guide/Charter/                                                  
    Task Force                                                                 
 4852 Hunter Drive                                                             
 Anchorage, Alaska  99502                                                      
 Telephone:  (907) 243-8450                                                    
 POSITION STATEMENT:  Presented recommendations from Task Force.               
                                                                               
 PAT CARTER, Member                                                            
 Sport Fishing Guide/Charter/                                                  
    Task Force; and                                                            
    Legislative Assistant to                                                   
    Representative Eldon Mulder                                                
 Alaska State Legislature                                                      
 State Capitol Building, Room 411                                              
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-2647                                                    
 POSITION STATEMENT:  Commented on Task Force recommendations.                 
                                                                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-2, SIDE A                                                             
 Number 0001                                                                   
                                                                               
 CHAIRMAN ALAN AUSTERMAN called the House Special Committee on                 
 Fisheries meeting to order at 5:02 p.m.  Members present at the               
 call to order were Representatives Austerman, Moses, Ogan, Davis              
 and Elton.  Chairman Austerman informed the committee that the                
 presentation would end at 5:25 p.m.  Further testimony would be               
 taken when the committee reconvened the following Wednesday for               
 that purpose.                                                                 
                                                                               
 CHAIRMAN AUSTERMAN noted that there already had been a public                 
 hearing on the original recommendations from the Sport Fishing                
 Guide/Charter Task Force ("Task Force").  He commented that the               
 purpose of the current meeting was to hear the final                          
 recommendations from the Task Force.  He added that at this point,            
 testimony would only be taken from Task Force members; however, a             
 representative from the Department of Fish and Game was available             
 to answer any technical questions.                                            
                                                                               
 Number 0196                                                                   
                                                                               
 BUD HODSON, Chair, Sport Fishing Guide/Charter Task Force,                    
 presented recommendations via teleconference from Anchorage.  He              
 prefaced his remarks by saying he owned the Tikchik Narrows Lodge             
 and participated in the sport fishing industry in Bristol Bay.  He            
 referred to a letter he had written to Chairman Austerman the                 
 previous spring and thanked him for working with their group during           
 the interim.                                                                  
                                                                               
 MR. HODSON explained that the Task Force had been created by the              
 Board of Fisheries because of a proposal for guide registration               
 that was before the board.  Prior to the board's meeting on this              
 subject, a group of industry representatives from around Alaska had           
 met to discuss the proposal.  At that time, he said, it had become            
 clear that the definitions and requirements in the proposal were              
 inadequate.  The industry representatives had recommended that the            
 Board of Fisheries form a task force to address these issues.                 
                                                                               
 Number 0331                                                                   
                                                                               
 MR. HODSON observed that the difference between registration and              
 licensing was that the Board of Fisheries could not require a fee             
 when a person registered, nor require certain other elements that             
 occurred in association with licensing.  The Task Force's first               
 question, then, was whether licensing was appropriate and if so,              
 should it be accomplished through statute rather than regulations             
 by the Board of Fisheries.  Mr. Hodson noted that the Task Force              
 had mulled over the problem of identifying precisely who was                  
 participating in the sport fish guiding industry.  The Task Force             
 had quickly concluded there were two categories of participants,              
 employees and operators.  The operators employed the guides; both             
 groups carried different responsibilities.  In response to these              
 considerations, the Task Force had come up with their two-tier                
 licensing proposal.                                                           
                                                                               
 Number 0498                                                                   
                                                                               
 MR. HODSON said the Task Force had sent out more than 3,000 copies            
 of their original proposal, met with different user groups, and               
 held both teleconferences and workshops before creating the                   
 proposal currently before the committee.  In reaction to public               
 testimony and letters received, he added, the Task Force had made             
 several amendments when they met on January 11, 1996, including one           
 that lowered the insurance rates.  Deletions were made at that time           
 to drop both the age limit and the requirement of a separate                  
 guide's license for operators.  The rationale behind dropping the             
 age limit, he said, was that there was a lot of public comment                
 about family operations where teenagers participated in the                   
 industry.                                                                     
                                                                               
 MR. HODSON explained that the proposal before the committee was the           
 final action of the Task Force, approved unanimously by that body.            
 He disclosed that following the January 11, 1996, meeting, several            
 Task Force members had found the original proposal unacceptable.              
 However, after amendments were made, they had been in unanimous               
 agreement.  Mr. Hodson expressed that in the sport fishing                    
 industry, there was still concern over licensing at the statewide             
 level, with many operators worried about the possibility for                  
 numerous rules, excessive fees and lots of paperwork.  Therefore,             
 there were still many people opposed to any form of licensing.  On            
 the other hand, Mr. Hodson said, as chairman of the Task Force, he            
 had heard numerous positive remarks, with many saying they could              
 not believe it had not been done earlier.  He expressed that                  
 although he did not believe the proposal was perfect, he personally           
 felt good about the product the Task Force had created.                       
                                                                               
 Number 0740                                                                   
                                                                               
 CHAIRMAN AUSTERMAN thanked Mr. Hodson and said he was officially              
 accepting the recommendations in the report from the Task Force.              
 He recognized Representative Green, who was attending the meeting.            
 He then reiterated that no public testimony was being taken at the            
 meeting.  He stated his intention of bringing the issue up at the             
 following Wednesday's meeting, at which time they would accept                
 committee substitutes to HB 175 and discuss whether to roll these             
 recommendations into that bill or any other.                                  
                                                                               
 CHAIRMAN AUSTERMAN asked if any other Task Force members were on              
 teleconference to testify.  Hearing none, he asked if any Task                
 Force members were in the audience and called on Pat Carter.                  
                                                                               
 Number 0856                                                                   
                                                                               
 PAT CARTER, Member, Sport Fishing Guide/Charter Task Force, and               
 Legislative Assistant to Representative Eldon Mulder, stated that             
 one part of the final proposal still concerned him.  He explained             
 that at the last meeting of the Task Force, they had combined the             
 licenses so that if a single-boat operator purchased an operator's            
 license, he was exempted from having to buy a guide's license,                
 provided that he qualified under the requirements for a guide.  Mr.           
 Carter added that he had originally voted for that amendment;                 
 however, after further discussion and thought, he and other members           
 had asked for a reconsideration, which was voted down.                        
                                                                               
 MR. CARTER explained that his only problem with the final                     
 conclusions of the proposal was the unknown number of single-boat             
 operators in Alaska.  He thought the number would be quite high,              
 possibly 50 to 70 percent of operators.  He felt that the Task                
 Force had effectively taken money that would have been generated by           
 guide fees and left the burden on the rest.  He thought the                   
 monetary burden should be shared throughout the guiding industry,             
 rather than exempting the single-boat operators.                              
                                                                               
 Number 990                                                                    
                                                                               
 CHAIRMAN AUSTERMAN asked if Mr. Carter would give the committee a             
 recommendation in writing prior to the following Wednesday's                  
 meeting.                                                                      
                                                                               
 MR. CARTER agreed he would.  He added that he would first contact             
 the Department of Fish and Game to find out how many guides were              
 currently registered as single-boat operators and to determine the            
 department's likely cost of monitoring the sport fishing guide                
 industry.                                                                     
                                                                               
 Number 1017                                                                   
                                                                               
 REPRESENTATIVE KIM ELTON asked, if a guide were licensed under the            
 Department of Fish and Game, whether the license fees would go into           
 the Fish and Game fund and whether they could be used for that kind           
 of administrative work.  He wanted to know what restrictions were             
 placed on the Fish and Game fund as it pertained to administering             
 such a program.                                                               
                                                                               
 MR. CARTER asserted that the original operator's fee was paid to              
 the Department of Commerce and Economic Development, not to the               
 Department of Fish and Game.                                                  
                                                                               
 Number 1073                                                                   
                                                                               
 REPRESENTATIVE ELTON said his understanding was that if a license             
 was sold by the Department of Fish and Game, then the license                 
 receipts went into the Fish and Game fund.  He wanted to know if              
 that fund could be used to administer the program in question.                
                                                                               
 Number 1120                                                                   
                                                                               
 CHAIRMAN AUSTERMAN referred to the Task Force recommendation and              
 asked Mr. Hodson about combining the operator's and guide's                   
 licenses for single-boat operators.  He noted that the definition             
 in the proposal did not specify the same qualifications for being             
 a guide as for being an operator.  For example, the sport fish                
 guide license required CPR training, whereas the operator license             
 did not.  He wondered if that simply needed correction.                       
                                                                               
 Number 1166                                                                   
                                                                               
 MR. HODSON responded that the intention was that the operator would           
 have to qualify under the guide requirements in order to be                   
 entitled to guide under the exemption.  He said he believed the               
 language specified this.                                                      
                                                                               
 Number 1212                                                                   
                                                                               
 CHAIRMAN AUSTERMAN referred to page 2 of the recommendations and              
 said that another issue which needed addressing was the reporting             
 requirement discussed in the second to last paragraph.  He stated             
 that the committee wanted to put some teeth into that concept,                
 ensuring that reporting occurred.  However, he said, they did not             
 want to create a bureaucracy.  He added that if guides and                    
 operators were already reporting in some manner, perhaps that would           
 suffice under the reporting requirement.  He suggested that the               
 committee address that issue.                                                 
                                                                               
 Number 1264                                                                   
                                                                               
 REPRESENTATIVE SCOTT OGAN said that for the next meeting, the                 
 committee should consider what regulations would be affecting this            
 issue, whether through statute, a board or other means.  He                   
 expressed concern that they were creating additional bureaucracy.             
                                                                               
 Number 1304                                                                   
                                                                               
 MR. HODSON said the Task Force's intention was to keep the process            
 simple.  No board had been envisioned.  An operator would only have           
 to show proof of insurance and a business license.  In talking with           
 the Department of Commerce and Economic Development (DCED), he                
 said, he understood that DCED could figure out the cost of                    
 administering the program and set appropriate fees that could be              
 adjusted every two years.                                                     
                                                                               
 Number 1343                                                                   
                                                                               
 CHAIRMAN AUSTERMAN noted that both the Task Force proposal and HB
 175 would be discussed at the next meeting on Wednesday,                      
 January31, 1996, at 5:00 p.m.                                                 
                                                                               
 Number 1397                                                                   
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 Chairman Austerman adjourned the meeting of the House Special                 
 Committee on Fisheries at 5:25 p.m.                                           
                                                                               

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