Legislature(1997 - 1998)

04/15/1998 05:05 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        HOUSE SPECIAL COMMITTEE ON FISHERIES                                   
                   April 15, 1998                                              
                     5:05 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Alan Austerman, Chairman                                        
Representative Ivan Ivan                                                       
Representative Scott Ogan                                                      
Representative Mark Hodgins                                                    
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Representative Gene Kubina                                                     
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
* HOUSE CONCURRENT RESOLUTION NO. 33                                           
Relating to the allocation of Alaska salmon.                                   
                                                                               
     - SCHEDULED BUT NOT HEARD                                                 
                                                                               
* HOUSE BILL NO. 483                                                           
"An Act relating to processors of sport caught fish; requiring                 
certain nonresident alien sport fishermen to be accompanied by a               
sport fishing guide; and providing for an effective date."                     
                                                                               
     - HEARD AND HELD                                                          
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
BILL: HB 483                                                                   
SHORT TITLE: SPORT FISH COMMERCIAL SERVICES                                    
SPONSOR(S): RULES                                                              
                                                                               
Jrn-Date    Jrn-Page           Action                                          
 4/07/98      2906     (H)  READ THE FIRST TIME - REFERRAL(S)                  
 4/07/98      2906     (H)  FISHERIES, RESOURCES                               
 4/15/98               (H)  FSH AT  5:00 PM CAPITOL 124                        
                                                                               
WITNESS REGISTER                                                               
                                                                               
JAMES HORNADAY, Legislative Assistant                                          
 to Representative Pete Kott                                                   
Alaska State Legislature                                                       
Capitol Building, Room 204                                                     
Juneau, Alaska  99801                                                          
Telephone:  (907) 465-6848                                                     
POSITION STATEMENT:  Testified on HB 483.                                      
                                                                               
HAZEL NELSON, Representative                                                   
Becharof Corporation                                                           
1577 C Street, Suite 304                                                       
Anchorage, Alaska 99501                                                        
Telephone:  (907) 263-9820                                                     
POSITION STATEMENT:  Testified in support of HB 483.                           
                                                                               
JOEL HARD, Representative                                                      
Fish and Wildlife Protection Agency                                            
P.O. Box 388                                                                   
Palmer, Alaska 99645-0388                                                      
Telephone:  (907) 746-9139                                                     
POSITION STATEMENT:  Testified in support of part of HB 483.                   
                                                                               
DICK ROHRER                                                                    
P.O. Box 2219                                                                  
Kodiak, Alaska 99615                                                           
Telephone:  (907) 486-5835                                                     
POSITION STATEMENT:  Testified in support of HB 483.                           
                                                                               
MICHAEL WALLER, Owner                                                          
Easy Freeze                                                                    
P.O. Box 508                                                                   
Valdez, Alaska 99686                                                           
Telephone:  (907) 8354208                                                      
POSITION STATEMENT:  Testified on HB 483.                                      
                                                                               
DONNA WALLER                                                                   
P.O. Box 508                                                                   
Valdez, Alaska 99686                                                           
Telephone:  (907) 8354208                                                      
POSITION STATEMENT:  Testified on HB 483.                                      
                                                                               
VIRGIL UMPHENOUR, Member                                                       
Board of Fisheries                                                             
878 Lynwood Way                                                                
North Pole, Alaska 99705                                                       
Telephone:  (907) 456-3885                                                     
POSITION STATEMENT: Testified in support of HB 483.                            
                                                                               
RAY DEBARDELABEN, Sport Guide                                                  
P.O. Box 4357                                                                  
Soldotna, Alaska 99669                                                         
Telephone:  (907) 262-5097                                                     
POSITION STATEMENT:  Testified in support of HB 483.                           
                                                                               
REUBEN HANKE, Owner                                                            
Guide Camp                                                                     
P.O. Box 624                                                                   
Kenai, Alaska 99611                                                            
Telephone:  (907) 262-5097                                                     
POSITION STATEMENT:  Testified in support of HB 483.                           
                                                                               
ALAN LEMASTER                                                                  
P.O. Box 222                                                                   
Gakona, Alaksa 99586                                                           
Telephone:  (907) 822-3664                                                     
POSITION STATEMENT:  Testified in support of HB 483.                           
                                                                               
BUD HODSON, Owner                                                              
Sport Fishing Lodge; Former Chairman                                           
Board of Fisheries; Former Chairman                                            
Guide Charter Task Force                                                       
                                                                               
KEVIN DELANY, Director,                                                        
Division of Sport Fish                                                         
Department of Fish and Game                                                    
333 Raspberry Road                                                             
Anchorage, Alaska 99518                                                        
Telephone:  (907) 267-2224                                                     
POSITION STATEMENT:  Testified in support of HB 483.                           
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-15, SIDE A                                                             
Number 0001                                                                    
                                                                               
CHAIRMAN ALAN AUSTERMAN called the House Special Committee on                  
Fisheries meeting to order at 5:05 p.m.  Members present at the                
call to order were Representatives Austerman, Ivan, Ogan and                   
Hodgins.                                                                       
                                                                               
CHAIRMAN AUSTERMAN stated that HCR 33 was scheduled to be heard but            
the prime sponsor pulled it off of tonight's schedule.                         
                                                                               
HB 483 - SPORT FISH COMMERCIAL SERVICES                                        
                                                                               
CHAIRMAN AUSTERMAN stated that the committee would hear HB 483,"An             
Act relating to processors of sport caught fish; requiring certain             
nonresident alien sport fishermen to be accompanied by a sport                 
fishing guide; and providing for an effective date."                           
                                                                               
Number 0021                                                                    
                                                                               
JAMES HORNADAY, Legislative Assistant to Representative Pete Kott,             
read the sponsor statement into the record:  "House Bill 483 was               
introduced to improve the stewardship of the fisheries resource.               
Section 1 of the bill seeks to require that nonresident alien sport            
fishermen, except those of Canada and Mexico, be guided by                     
registered sport fish guides.  This language will curtail mistakes             
and abuses by aliens who are often less familiar with our State's              
Fish and Game regulations which are complicated and may change                 
throughout the season or from season to season.                                
                                                                               
"Section 2 provides language that requires processors of sport                 
caught fish to register with ADFG [Alaska Department of Fish and               
Game] and maintain records of the sport fish processed.  Within                
this section sport fish processing is defined to include activities            
associated with sport fish processing or those associated with                 
preparation for shipping.  Specifically omitted are activities                 
which may be provided by guides in their normal course of business.            
This bill will assist enforcement efforts and validate a portion of            
information derived from the statewide harvest survey, a                       
statistical sampling.  All users of our fisheries resource will                
benefit by additional accountability of the processed fish shipped             
from our state each summer."                                                   
                                                                               
Number 0061                                                                    
                                                                               
CHAIRMAN AUSTERMAN stated that it is not his intention to move this            
bill tonight.  He stated that they just received a memorandum from             
George Utermohle of Legislative Council that raises some questions             
as to the legality or the constitutionality of placing a                       
requirement on aliens to have a guide.                                         
                                                                               
Number 0100                                                                    
                                                                               
HAZEL NELSON, Representative, Becharof Corporation, testified via              
teleconference from Anchorage that she can see the merit in the                
bill.  She stated that she grew up in Bristol Bay and has both                 
commercial and sport fished.  She stated that the issue is becoming            
more important as the alien fishermen and hunters are rising in                
number.  She stated that it is great for tourism but is concerned              
as to what is going to happen to the resource.  Twenty years from              
now she does not want to look back and wish that something was                 
done.  She stated that it is important to move the bill forward.               
She stated that it is hard to get something like this addressed                
through the Board of Fisheries but she felt the legislature could              
do it.  She stated that the problem with processors, processing                
sport caught fish is that in the commercial communities those fish             
that are caught are often left in the freezers.  She stated that               
there is a community on the peninsula that is very upset because               
they have not had that much subsistence fish and yet there is king             
salmon that is just sitting in the freezers when they could of been            
subsistence fish or at least gone up the rivers and spawned.  She              
stated that HB 483 is one way to get a handle on the amount of fish            
that is be processed and sent away.  She stated that she hoped that            
the bill passes.                                                               
                                                                               
Number 0178                                                                    
                                                                               
CHAIRMAN AUSTERMAN stated that one of the concerns they have,                  
because of the opinion by Legislative Legal Department, is in order            
for HB 483 to be constitutionally correct there has to be some                 
compelling state interest, and in order to prove so there has to               
documentation that shows there is a problem with the alien sport               
fishermen.  He asked if there was anything that she knew of that               
would show violations.                                                         
                                                                               
Number 0195                                                                    
                                                                               
MS. NELSON replied that the community of Egegik is implementing a              
trespass policy because of the huge influx of alien fishermen.  She            
stated that they are going to try and document it this summer.  She            
stated that the corporation is going to have to invest a lot of                
money into it to do it right.  She stated that down the road she               
would have some information to give the committee.                             
                                                                               
Number 0214                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if she could submit something in writing.             
He stated that the area of the bill that speaks to processing of               
sport caught fish was added to the bill because of petition or                 
resolution by the Board of Fisheries.  He stated that the committee            
is interested in pursuing that to whatever degree he can.                      
                                                                               
Number 0240                                                                    
                                                                               
JOEL HARD, Representative, Fish and Wildlife Protection Agency,                
testified via teleconference from Palmer that they have a mixed                
opinion on the legislation.  He stated that they are supportive of             
Section 2 and feel that it will be advantageous to maintain the                
records, as it would improve their ability to document cases after             
the fact.  He stated that Section 1 of the bill is an effort to                
address over-limit complaints by European fishermen. He has not                
seen those types of ethnic restrictions before and it will most                
likely result in a discrimination challenge.  It suggests that                 
Europeans must be more violative than the other groups, which has              
not been sufficiently documented.  He explained that in the case of            
big game guiding, the guided service is mandated for certain                   
species, more for the added safety of the participates then it is              
for ensuring regulation. It seems like this provision is more                  
targeted towards ensuring that there is that level of compliance in            
the sport fishery which he does not oppose.  However, that job                 
would more appropriately fall on the agency.  He stated that it is             
likely that the agency's enforcement personnel would be burdened by            
trying to determine in the field who is from where.  He stated that            
if someone was fishing and the salmon was not visible they could               
state that they were fishing for a different species.  He stated               
that in the case of individuals that go to license vendors, added              
falsifications could result from this legislation which would                  
burden the agency because it would take a great deal of time to                
validate or invalidate those falsifications in foreign countries.              
He reiterated that they are supportive of Section 2 of the bill,               
however they have reservations with Section 1 of the bill.                     
                                                                               
Number 0295                                                                    
                                                                               
CHAIRMAN AUSTERMAN stated that there has been some suggestions to              
go to a catch and release only system for non-resident aliens.                 
                                                                               
Number 0300                                                                    
                                                                               
MR. HARD stated that he thought a catch and release system would be            
fairly difficult to enforce as there are nonresident aliens fishing            
in parties with residents.  He stated it would be simple for them              
to claim that they were under a resident's bag limit.                          
                                                                               
Number 0308                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if he understood correctly that the agency            
does not have any documentation at all, as to a problem with alien             
fishermen.                                                                     
                                                                               
Number 0311                                                                    
                                                                               
MR. HARD replied that they do get a lot of complaints but the                  
complaints come from the remote areas and are difficult to                     
validate.  He stated that in Palmer, he deals with the complaints              
on a regular basis but a lot of them are complaints from residents             
that are observing this kind of activity going on in sport fishing             
lodges, where guides are already employed.  He stated that he did              
not know if the bill would alleviate that concern.  He stated they             
do get plenty complaints of over limit cases, on residents                     
nonresidents and aliens.  Those are not validated complaints                   
because the people making the complaints can't say who is from                 
where.                                                                         
                                                                               
Number 0326                                                                    
                                                                               
CHAIRMAN AUSTERMAN stated that if it is just the case of over                  
fishing then the catch and release would solve some of those                   
problems as far as where the guided lodges are concerned.                      
                                                                               
Number 0330                                                                    
                                                                               
MR. HARD replied that it certainly could.                                      
                                                                               
CHAIRMAN AUSTERMAN asked if he could give him something in writing.            
                                                                               
MR. HARD stated that he would.                                                 
                                                                               
Number 0336                                                                    
                                                                               
DICK ROHRER, testified via teleconference from Kodiak that he would            
encourage HB 483 be moved along.  He stated that he is especially              
supportive of Section 1.   He pointed out the alien nonresident big            
game hunters are required to hire a guide for all species, which is            
a resource issue with aliens.  It came into being when large camps             
of Germans and Swiss were taking a lot of moose, unguided.  He                 
quoted from the refuge manager's report that four nonresident                  
fishermen from Washington took home 12,000 pounds of king salmon               
fillets.  He explained that he has personally observed seven                   
Germans from a German fishing club, camped at the outlet of Uganik             
lake for 17 days.  They took 60 silver salmon in one day; the bag              
limited is 5 per day.  A pilot told him that they requested a                  
flight out two days later and the fish did not have any                        
refrigeration.  He stated that refuge manager Jay Bellinger, felt              
the bill would be a helpful enforcement tool for him, as they have             
two cases against alien fishermen but the difficulty they have in              
proving that they are "alien sport fishermen here actually guiding             
is because the clients don't speak English".  There is also no                 
control in tracking fish that is shipped overseas.                             
                                                                               
Number 0400                                                                    
                                                                               
MR. ROHRER explained that he does not think the reason this is                 
occurring is because alien fishermen are not familiar with Alaskan             
Law.  It is just the opposite they are coming here as guides                   
bringing clients and are not in compliance operating on the refuge.            
He stated that the refuge manager in Kodiak is very supportive of              
the bill, as there are compelling reasons for the bill.  He                    
encouraged passage of HB 483.                                                  
                                                                               
Number 0418                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked what he thought of the suggestion of going            
to catch and release on all alien systems.                                     
                                                                               
Number 0423                                                                    
                                                                               
MR. ROHRER stated that he did not have a problem with that or even             
with a severely reduced bag limit.  He stated that in all the years            
that he has been guiding in Kodiak, he gets check on a regular                 
basis when the protection agency is in the fields for commercial               
fisheries in the spring, but he has never been checked in August or            
September.  He submitted that in remote areas it is not convenient             
for them to check sport fishermen at that time.                                
                                                                               
Number 0447                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if he could send the committee something              
in writing.                                                                    
                                                                               
Number 0458                                                                    
                                                                               
MICHAEL WALLER, Owner, Easy Freeze, testified via teleconference               
from Valdez that Easy Freeze is a small processing place that only             
processes for sport fishermen.  He stated that HB 483 is                       
discriminatory, in that it pinpoints particular countries.  He                 
stated that alien should refer to all alien sport fishermen.  He               
stated that he has problems with Section 2, it should not be the               
responsibility of the processor to get the location, license and               
number of the fish that is caught.  The charter boat captain should            
be the one documenting since he was there and the processor has                
enough to do in keeping up with the tremendous flow of fish when               
they come in.  He asserted that a catch and release program would              
very seriously hurt or put the small processors out of business.               
                                                                               
Number 0499                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked what percentage of his business is from               
alien sport fishermen.                                                         
                                                                               
Number 0501                                                                    
                                                                               
MR. WALLER stated that his wife could better answer that question.             
                                                                               
Number 0504                                                                    
                                                                               
DONNA WALLER testified via teleconference from Valdez that they do             
keep a lot of records that the bill is asking for but it would be              
added work to ask for licenses.  She stated that they keep records             
on the species of fish that comes in and what they want done to the            
fish.  She stated that last year they did not do much business with            
Canada due to shipping problems.  They would process the other                 
alien sport fishermen's fish and then they would take it up to                 
Anchorage for the international zoning process.                                
                                                                               
Number 0522                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if they do a lot processing for Canadians.            
                                                                               
Number 0524                                                                    
                                                                               
MS. WALLER replied that they maybe did ten percent, once they found            
out the problem with shipping the fish, they would process the fish            
and then have them take it to Anchorage on their own.                          
                                                                               
Number 0532                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if the majority of their business was done            
with alien sport fishermen.                                                    
                                                                               
Number 0533                                                                    
                                                                               
MS. WALLER replied that maybe it is 40 percent.                                
                                                                               
Number 0546                                                                    
                                                                               
VIRGIL UMPHENOUR, Member, Board of Fisheries, testified via                    
teleconference from Fairbanks that he is speaking as a member of               
the Board of Fisheries.  He stated that he is the board member that            
made the motion to bring this forward to the legislature.  He                  
stated that when the Board travels all over the state they hear a              
tremendous amount of testimony regarding the various problems in               
each area.  He stated that the concern of the Department of Public             
Safety is not a concern, he is a registered guide and on the form              
to get ones hunting licenses there is a place for a nonresident or             
a nonresident alien sport fishing to fill in the name of the                   
registered guide that they have hired.  He asserted that this same             
thing could be done on the fishing license.                                    
                                                                               
MR. UMPHENOUR stated that nonresident aliens sport fishermen are a             
problem.  He stated that he attended a hunting and fishing show in             
Hanover, Germany in November of 1996.  At the show the Alexander               
Lake Lodge had a giant booth and were showing a video of spawned               
out king salmon that they had snagged on the spawning grounds.  He             
stated that he could send the pictures of that presentation of the             
king salmon with the milt running out of them.  He informed the                
committee that at the Board of Fisheries meeting in Bristol Bay,               
they had testimony from the former chairman of the board and sport             
fish lodge owner Bud Hodson, that one French owned lodge was flying            
out about 9,200 pounds of king salmon daily to Anchorage to be                 
processed.  Mr. Umphenour stated that he owns a meat and fish                  
processing plant in Fairbanks and he processes thousands of pounds             
of salmon a year for sport fishermen.  He stated that one French               
airline pilot took home in excess of 3,100 pounds of smoked salmon             
to France from a two week trip to Alaska.  He asserted that in the             
Sandy and Cinder River on the North side of the Alaskan Peninsula              
there is a group of Alien fishermen that are not set up as                     
legitimate sport fish operators but they are bringing in dozens of             
people in and are fishing on the spawning grounds of the two small             
streams. The escapement objectives of these streams are less then              
1500 king salmon per year and they are catching 50 percent of these            
goals, putting the small systems in jeopardy.                                  
                                                                               
Number 0588                                                                    
                                                                               
MR. UMPHENOUR stated that in the Chignik area there are a group of             
alien sport fishermen called the "moonies"  that are causing                   
resource problems.  He stated that the problem is that the aliens              
can't speak English or pretend not to be able to speak English.                
There is  a definite problem with these aliens and it is an issue              
of conservation.  The board is closing spawning grounds for                    
conservation purposes because of the alien sport fishermen.                    
                                                                               
Number 0604                                                                    
                                                                               
MR. UMPHENOUR referred to Section 2 and he stated that he has                  
talked to the "detachment commander of every detachment of state               
troopers fish and wildlife protection in the state."  This would be            
a good enforcement tool for the Department of Public Safety,                   
currently, if the department suspects that someone is catching over            
their bag limit, they would have to get a search warrant from the              
judge in order to look at the records regarding the issue.                     
                                                                               
Number 0618                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked what he thought about the catch and                   
release idea.                                                                  
                                                                               
Number 0619                                                                    
                                                                               
MR. UMPHENOUR replied that he did not like that idea because it                
would cause people to target fish on the spawning grounds and no               
one knows how productive a released fish is on the spawning grounds            
after that trauma.                                                             
                                                                               
Number 0625                                                                    
                                                                               
RAY DEBARDELABEN, Sport Guide, testified via teleconference from               
Fairbanks in support of HB 483. He stated that he has seen                     
countless numbers of nonresident aliens taking more of their share             
of kings.  He stated that he has watched them at the mouth of Lake             
Creek catch fish send them off to be processed and come back the               
same day to catch more.  He said "Probably 80 of 90 percent of the             
violations are coming from the nonresident aliens on the over                  
taking of fish."  He stated that the has also more then a dozen                
boat accidents per year out at Lake Creek because they have no                 
experience in driving a boat.  He stated that he did not think the             
catch and release system is a good idea as the alien sport                     
fishermen want to take fish home and they need an incentive to come            
over here.                                                                     
                                                                               
Number 0651                                                                    
                                                                               
REUBEN HANKE, Owner, Guide Camp, testified via teleconference from             
Fairbanks in favor of HB 483.  He stated that he has had a lot of              
experience with alien sport fishermen.  They tend to come to a camp            
fish one time and then go rent a boat.  He stated that they usually            
have a hard enough time conveying to the person that they want to              
rent the boat nonetheless trying to figure out how to operate the              
boat or to be aware of the safety concerns.  He stated that the                
Kenai River is fairly hectic place to fish especially when people              
are not familiar with the rules of the road.  He stated that                   
habitat degradation is also occurring as a result because they can             
not read the signs and are fishing in areas where they are not                 
supposed to be fishing.  He stated that it is an enforcement                   
nightmare.  He stated that the nonresident alien sport fishermen               
will not come if a catch and release system is in place.  He stated            
that everyone is entitled to take their limit.  A catch and release            
system will have an economic impact on the state.  He stated that              
he is in favor of the processing section of the bill and adding a              
fishing license number requirement on their forms should not cause             
any kind of problem for those people.  He stated that it would help            
enforcement.                                                                   
                                                                               
TAPE 98-15, SIDE B                                                             
Number 0001                                                                    
                                                                               
CHAIRMAN AUSTERMAN stated that his safety concerns are valid.  He              
asked the rest of the people who are going to testify tonight to               
also submit their concerns or facts in writing in order to build a             
case based upon the legal opinion of being able to determine that              
there is a compelling reason to put the restrictions on the alien              
sport fishermen.                                                               
                                                                               
Number 0035                                                                    
                                                                               
ALAN LEMASTER, testified via teleconference from Gakona that there             
have been violations in Gakona that have gone unchecked for several            
years. He stated that if we can't check foreigners whose over                  
fishing with rules that we have now, more rules might not help,                
since there is not the enforcement that is needed.  He stated that             
he is concerned over the wording in the second section because as              
a guide, in the event he has a client on the river and he goes king            
salmon fishing, fillets the salmon, and ships it home, according to            
the bill he has then become a processor and that will then cost him            
$490 per year for his processing permit.  He stated that as a guide            
he does that as a service for the clients and does not make money              
off of it. If the guides do not help get clients get the fish home             
they do not have a reason to go fishing.  He stated that 40 percent            
of the time he has to assist his clients in getting the fish home.             
He asked if his understanding of the bill was correct.                         
                                                                               
Number 0097                                                                    
                                                                               
CHAIRMAN AUSTERMAN replied that they would have to go at look at               
that again.                                                                    
                                                                               
MR. LEMASTER replied that he would appreciate if someone were to               
take a closer look because it could read that way and someone may              
be fined for just doing a courtesy to their guests.                            
                                                                               
Number 0109                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if he would be opposed as a guide to                  
having the same reporting requirements that a processor would have             
but without the fee.                                                           
                                                                               
MR. LEMASTER stated that he has been discussing that with other                
guides and this year they will keep a log on every fish caught and             
kept.                                                                          
                                                                               
CHAIRMAN AUSTERMAN asked how he felt about catch and release.                  
                                                                               
Number 0134                                                                    
                                                                               
MR. LEMASTER replied that they promote catch and release every                 
chance they get because the fishery is extremely fragile so as a               
result of that thinking, the Department of Fish and Game took away             
30 or 40 percent of the fishing days last year and then they had               
the biggest year they have ever had.  He stated that he does not               
think the department has good science to back up the rules and                 
regulations that they make.  He pointed out that some of this                  
record keeping may help them.  He stated as far as catch and                   
release mandate with the alien sport fishermen, they do not usually            
use guides.  He stated that if the department can't catch six                  
Germans that are camped out in the same spot for 2 weeks that are              
taking 1,000 pounds of filleted fish out, he did not know if catch             
and release is going to do any good.  He thought people should have            
the opportunity to catch a fish.  He stated that most of the abuse             
is to the red salmon fishery, because 3 reds can be taken each day             
and it is really hard to tell how many fish they have or how long              
they have been fishing since they have two or three locations where            
they have freezers.  He stated that years ago he allowed alien                 
sport fishermen to freeze their salmon in his freezer and they went            
home with several hundred pounds of red salmon.  It is hard to                 
determine what it is that they are doing because they are in Alaksa            
for so long.  He stated that they could have also been keeping fish            
in someone else's freezer as well.  He pointed out that they get               
$65 a pound for salmon in Germany.  Without adequate enforcement of            
all these rules will not do any good.                                          
                                                                               
Number 0202                                                                    
                                                                               
BUD HODSON, Owner, Sport Fishing Lodge; Former Chairman, Board of              
Fisheries; Former Chairman, Guide Charter Task Force, testified via            
teleconference from Anchorage that it is an enforcement and                    
fairness issue to create a level playing field.  He stated that                
regarding the enforcement issue it is very difficult to go up to a             
group of aliens who do not speak English or pretend not to, and be             
able to get an answer from them.  He stated that it is easy for                
them to keep double bag limits by fishing in the morning send those            
fish to be processed and then go back out in the afternoon and                 
harvest more.  He stated that enforcement wise, it is hard to sort             
it all out as far as when they arrived and which fish is theirs.               
Their response is to just shake their heads, therefore, he asked               
how is it possible to make a case.  He stated that operators come              
over from Europe and set up camp and are in business yet they have             
no business license or a workmen's compensation policy, they don't             
pay taxes or have  U.S. Coastguard licenses etc.  He stated that he            
is offended by this as an operator, as he has to adhere to all                 
these regulations and they do not.  He stated that as an operator              
if his guides break regulations or if his clients break laws he                
could be held liable.  The alien sport fishermen in the same                   
position are not held responsible.                                             
                                                                               
Number 0241                                                                    
                                                                               
MR. HODSON stated that if Europeans are required to have licensed              
guides that speak English an enforcement officer can go and                    
actually make a case on some of this stuff.  He stated that in                 
regard to catch and release he does not see a reason to penalize               
all Europeans, the goal should be to enforce the bag limits to                 
create a level playing field where enforcement can do their job.               
He stated his concern is that the minute he is called a processor              
and according to the bill he would be because he does fillet and               
freeze the salmon, the Department of Economic Conservation would               
then want him to meet all the requirements of a fish processor.  He            
stated that every time there is a new regulation on the industry               
there is a liability to not break the regulations.  It becomes                 
almost impossible not to.  He gave an example of a problem with the            
U.S. Department of Fish and Wildlife because a guide forgot to have            
his registration in his possession he might lose four operating                
permits.  He stated that there are government agencies out there               
that are trying to hammer them on the most minute things.  He                  
stated that the processing requirement is questionable.  He stated             
that they do not accept anybody else's fish, just their clients and            
it is as a courtesy of the charter.                                            
                                                                               
Number 0322                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if the processors section becomes law                 
would he comfortable with it if there was an exception for lodges              
but they were required to maintain the same records.                           
                                                                               
MR. HODSON replied that he would not have any problem with that.               
It is already in regulation that the Department of Fish and Game               
can get reporting records from any lodge.  He stated that a fish               
processor does not have to register as a fishing guide and they are            
not required by law to report.                                                 
                                                                               
Number 0336                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if he would give some thought on what the             
language would be to exempt lodges and operators from the                      
processing requirements.                                                       
                                                                               
MR. HODSON replied that he would.                                              
                                                                               
Number 0344                                                                    
                                                                               
KEVIN DELANY, Director, Division of Sport Fish, Alaska Department              
of Fish and Game, testified via teleconference from Anchorage that             
the bottom line is that the enforcement effort afforded to the                 
sport fisheries in this state is inadequate.  There is not enough              
manpower, there are 470,000 anglers in the state annually and 15 to            
17 thousand of these are foreign nationals.  They are easy to spot             
and are easy to see.  He stated that this legislation is to try and            
go to the root.  He reiterated the need for a statutory foundation             
for sport fish guiding and more enforcement.  He stated that he                
appreciated the committee's efforts and would work with the                    
committee.  He stated the statutory finding should lay out what                
guides are what they do what the penalties are what reporting                  
requirements need to be in place.                                              
                                                                               
Number 0406                                                                    
                                                                               
CHAIRMAN AUSTERMAN asked if there were any more comments.  Hearing             
none, he stated that HB 483 will be held over.                                 
                                                                               
ADJOURNMENT                                                                    
                                                                               
CHAIRMAN AUSTERMAN adjourned the House Special Committee on                    
Fisheries meeting at 6:15 P.M.                                                 

Document Name Date/Time Subjects