Legislature(2003 - 2004)

01/29/2003 08:32 AM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                        January 29, 2003                                                                                        
                           8:32 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Peggy Wilson, Vice Chair                                                                                         
Representative Cheryll Heinze                                                                                                   
Representative Ralph Samuels                                                                                                    
Representative Ethan Berkowitz                                                                                                  
Representative David Guttenberg                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Pete Kott                                                                                                        
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Gary Stevens                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
OVERVIEW  OF   COMMERCIAL  FISHERIES  ENTRY   COMMISSION  (CFEC),                                                               
INCEPTION  OF LIMITED  ENTRY FISHING  SYSTEM,  BY MARY  McDOWELL,                                                               
COMMISSIONER.                                                                                                                   
                                                                                                                                
TAPES                                                                                                                         
                                                                                                                                
03-1, SIDE(S) A & B                                                                                                             
                                                                                                                                
CHAIR  PAUL  SEATON  called  the meeting  of  the  House  Special                                                             
Committee on  Fisheries to  order at  8:32 a.m.   Present  at the                                                               
call  to  order  were  Representatives  Seaton,  Wilson,  Heinze,                                                               
Samuels,  and Berkowitz.   Representative  Kott was  excused, and                                                               
Representative  Guttenberg   arrived  as   the  meeting   was  in                                                               
progress.  Also present was Representative Stevens.                                                                             
                                                                                                                                
SUMMARY OF INFORMATION                                                                                                        
                                                                                                                              
MARY   McDOWELL,   Commissioner,   Commercial   Fisheries   Entry                                                               
Commission (CFEC), presented an overview  of CFEC's program.  She                                                               
explained that CFEC implements and  administers the limited entry                                                               
program,  is  responsible  for  annual  licensing  of  commercial                                                               
fishermen  and fishing  vessels, and  provides research  and data                                                               
collection with respect  to fisheries.  She said by  law, CFEC is                                                               
an autonomous agency, but for  budget purposes it falls under the                                                               
umbrella  of  the  Alaska  Department  of Fish  and  Game.    Ms.                                                               
McDowell gave  a historical overview  of the  state's involvement                                                               
with fisheries  management, which included the  voters' approval,                                                               
in  1972,  of the  "limited  entry  amendment" to  Article  VIII,                                                               
Section  15, of  the Alaska  State Constitution,  which says  the                                                               
state may:                                                                                                                      
                                                                                                                                
     ...  limit  entry  into any  fishery  for  purposes  of                                                                    
     resource  conservation,  to prevent  economic  distress                                                                    
     among  fishermen and  those dependent  upon them  for a                                                                    
     livelihood and to promote  the efficient development of                                                                    
     aquaculture in the State.                                                                                                  
                                                                                                                                
This  amendment  was  followed, in  1973,  by  the  legislature's                                                               
passing of  the Limited  Entry Act,  which is  a set  of statutes                                                               
that established the  framework and process of  the limited entry                                                               
program  and  created  CFEC  to  administer  the  program.    Ms.                                                               
McDowell  explained that  the  legislature specifically  designed                                                               
the limited  entry program  to empower  fishermen and  to prevent                                                               
the  concentration  of  ownership  and control  of  fisheries  by                                                               
canneries or  by a few  entities.  She  said that under  the U.S.                                                               
Constitution,  the  program   cannot  discriminate  against  non-                                                               
Alaskans; however,  the program is carefully  constructed so that                                                               
it protects Alaskans  in the fishery.  She  mentioned that nearly                                                               
78  percent of  all limited  entry permits  are held  by resident                                                               
Alaskans.   She also commented  on complaints  received regarding                                                               
permits  leaving  the  state,  and  said  that  generally,  "out-                                                               
migration" is a misperception.                                                                                                  
                                                                                                                                
MS.  McDOWELL  outlined  the  general  principles  of  CFEC,  its                                                               
functions,  duties,  and fee  structure,  as  well as  addressing                                                               
the  fundamental   tenets  of  regulating  and   transferring  of                                                               
permits.   She mentioned that CFEC  is waiting for a  ruling from                                                               
the Alaska Supreme  Court on the Carlson v.  State lawsuit, which                                                             
involves determining what fees  residents versus nonresidents can                                                               
be charged.   She also  mentioned current issues  being addressed                                                               
by  CFEC  such as  the  discussion  of fleet  consolidation,  and                                                               
optimum  number determinations  such as  the one  currently being                                                               
done for the Bristol Bay salmon drift gillnet fishery.                                                                          
                                                                                                                                
MS.  McDOWELL,  in  response to  questions  from  the  committee,                                                               
referred  to the  following documents  in  the committee  packet:                                                               
"Limited  Entry  Facts";  "Limited  Entry  Procedure";  "Alaska's                                                               
Limited   Entry   Program:   Is  It   Working   for   Alaskans?";                                                               
"BRU/Component: Commercial  Fisheries Entry  Commission"; "Permit                                                               
and  Harvest   Statistics  for  Alaska's  Limited   Entry  Salmon                                                               
Fisheries, 1993  - 2002"; and  excerpts from  "Executive Summary:                                                               
Changes  in the  Distribution  of  Alaska's Commercial  Fisheries                                                               
Entry Permits,  1975 to 2001."   She pointed out that  the packet                                                               
also  contains information  on permit  and fishing  activity, and                                                               
crewmember counts  by census area,  all accessible on  CFEC's web                                                               
site, www.cfec.state.ak.us.                                                                                                     
                                                                                                                                
ANNOUNCEMENTS                                                                                                                 
                                                                                                                              
There were no announcements.                                                                                                    
                                                                                                                                
COMMITTEE ACTION                                                                                                              
                                                                                                                              
The committee took no action.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                              
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries  meeting was  adjourned at  9:48                                                               
a.m.                                                                                                                            
                                                                                                                                
NOTE:   The meeting was  recorded and handwritten log  notes were                                                               
taken.  A  copy of the tape(s)  and log notes may  be obtained by                                                               
contacting the  House Records  Office at  State Capitol,  Room 3,                                                               
Juneau,  Alaska  99801  (mailing address),  (907)  465-2214,  and                                                               
after  adjournment  of the  second  session  of the  Twenty-Third                                                               
Alaska  State Legislature  this  information may  be obtained  by                                                               
contacting the Legislative Reference Library at (907) 465-3808.                                                                 

Document Name Date/Time Subjects