Legislature(2003 - 2004)
04/21/2004 08:36 AM House FSH
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
April 21, 2004
8:36 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Peggy Wilson, Vice Chair
Representative Cheryll Heinze
Representative Dan Ogg
Representative Ralph Samuels
Representative Les Gara
MEMBERS ABSENT
Representative David Guttenberg
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 347(RES)
"An Act relating to moratoria on entry of new participants or
vessels into a commercial fishery; relating to vessel permits
for, and the establishment of a moratorium on entry of new
vessels into, state Gulf of Alaska groundfish fisheries; and
providing for an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 347
SHORT TITLE: COMM. FISHING MORATORIA, INCL. AK GULF
SPONSOR(S): SENATOR(S) STEVENS B BY REQUEST
02/16/04 (S) READ THE FIRST TIME - REFERRALS
02/16/04 (S) RES
03/03/04 (S) RES AT 3:30 PM BUTROVICH 205
03/03/04 (S) Heard & Held
03/03/04 (S) MINUTE(RES)
03/05/04 (S) RES AT 3:30 PM BUTROVICH 205
03/05/04 (S) Moved CSSB 347(RES) Out of Committee
03/05/04 (S) MINUTE(RES)
03/08/04 (S) RES RPT CS 3DP 2NR NEW TITLE
03/08/04 (S) NR: OGAN, LINCOLN; DP: WAGONER,
03/08/04 (S) STEVENS B, ELTON
03/08/04 (S) FIN REFERRAL ADDED
03/09/04 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/09/04 (S) Moved CSSB 347(RES) Out of Committee
03/09/04 (S) MINUTE(FIN)
03/10/04 (S) FIN RPT CS(RES) 3DP 4NR
03/10/04 (S) DP: WILKEN, BUNDE, STEVENS B;
03/10/04 (S) NR: GREEN, HOFFMAN, OLSON, DYSON
03/22/04 (S) TRANSMITTED TO (H)
03/22/04 (S) VERSION: CSSB 347(RES)
03/24/04 (H) READ THE FIRST TIME - REFERRALS
03/24/04 (H) FSH, RES, FIN
03/29/04 (H) FSH AT 9:00 AM CAPITOL 124
03/29/04 (H) Heard & Held
03/29/04 (H) MINUTE(FSH)
04/05/04 (H) FSH AT 9:00 AM CAPITOL 124
04/05/04 (H) Heard & Held
04/05/04 (H) MINUTE(FSH)
04/14/04 (H) FSH AT 8:30 AM CAPITOL 124
04/14/04 (H) Heard & Held <PUBLIC TESTIMONY>
04/14/04 (H) MINUTE(FSH)
04/19/04 (H) FSH AT 9:00 AM CAPITOL 124
04/19/04 (H) Heard & Held
04/19/04 (H) MINUTE(FSH)
04/20/04 (H) FSH AT 0:00 AM CAPITOL 124
04/20/04 (H) <Bill Held Over From 4/19/04>
04/21/04 (H) FSH AT 8:30 AM CAPITOL 124
WITNESS REGISTER
ACTION NARRATIVE
TAPE 04-24, SIDE A
Number 0001
CHAIR PAUL SEATON called the House Special Committee on
Fisheries meeting back to order at 8:36 a.m. This is a
continuation of the April 19, 2004, meeting that was recessed to
the call of the chair. Representatives Seaton, Wilson, Heinze,
Ogg, Samuels, and Gara were present at the call to order.
SB 347-COMM. FISHING MORATORIA, INCL. AK GULF
CHAIR SEATON announced that the only order of business would be
CS FOR SENATE BILL NO. 347(RES), "An Act relating to moratoria
on entry of new participants or vessels into a commercial
fishery; relating to vessel permits for, and the establishment
of a moratorium on entry of new vessels into, state Gulf of
Alaska groundfish fisheries; and providing for an effective
date."
CHAIR SEATON informed the committee that [the committee packet]
includes two versions of this legislation and amendments, which
the committee will review. The intent is to incorporate the
amendments such that the committee will have legislation that it
can review [at the next hearing]. He announced that neither
version of SB 347 would be reported from committee today.
Number 0106
CHAIR SEATON withdrew his objection to Version X [23-LS1677\X,
Utermohle, 4/16/04], which was left pending at the prior
hearing. Therefore, Version X was before the committee.
CHAIR SEATON explained that Version X includes both the interim-
use permit system and the new vessel permit system with
moratorium vessel rights. Version U [23-LS1677\U, Utermohle,
4/2/04] utilizes the current interim-use limited entry system
while it streamlines the current authority of the Commercial
Fisheries Entry Commission (CFEC) to have a moratorium on
interim-use permits, and places it in statute.
Number 0342
REPRESENTATIVE OGG presented the following amendments to Version
X. Conceptual Amendment 1A read as follows:
Page 11, Delete lines 2-4.
Conceptual Amendment 1B read as follows [with a handwritten
correction]:
Page 8, line 6 delete 1998, insert 2000
Page 8, lie 23 delete 1998, insert 2000
Conceptual Amendment 1C read as follows:
Page 3 line 5
Add new paragraph (d)
(d) It is the intent of the legislature that the
following principles shall be utilized by CFEC and
ADF&G in the development of a long rang plan and
determining any limited entry fishery subsequently
created in any Gulf of Alaska ground fishery:
(1) The greatest number of vessels and
participants economically viable shall be
included;
(2) Protection of stable and growing healthy
coastal community economies;
(3) Ensuring the health of coastal community
fish processing;
(4) Protection of stable and growing cannery
workers employment;
(5) Limited entry permits are issued to
individuals and not business organizations;
(6) The State is not limiting entry just
because of federal limitations;
(7) Permitted participation by participants
and vessels in ground fisheries during the
moratorium shall not be considered for
eligibility in any subsequent Limited Entry
GOA ground fishery; and
(8) That state policies and not federal
policies govern any resulting limited entry
program for state GOA ground fisheries.
REPRESENTATIVE OGG explained that Amendment 1A deletes the
section that leaves the door open on the issue of participation.
Therefore, moratorium years won't be counted.
CHAIR SEATON clarified that the amendments will be presented
today to allow the committee to discuss them; and therefore the
committee won't vote on the amendments at this time.
Number 0792
REPRESENTATIVE HEINZE expressed concern that this legislation
has two more committees of referral. She asked if the committee
is ever going to move it out of this committee.
CHAIR SEATON said that there will be a meeting on Monday.
REPRESENTATIVE OGG turned to Amendment 1B and reminded the
committee that the sponsor said he didn't object to changing the
qualifying years form 1998 to 2000, which would delete 200
vessels and 300 interim-use permit (IUP) holders.
Number 0969
REPRESENTATIVE WILSON commented, "We don't want any longer
period of time than we have to." Therefore, she inquired as to
the possibility of tightening the window further.
REPRESENTATIVE OGG said that he believes there is a four-year
minimum.
CHAIR SEATON opined that statutorily any window can be put in
place.
REPRESENTATIVE OGG interjected that [Amendment 1B] reflects the
recommendation of the sponsor.
REPRESENTATIVE WILSON suggested changing the year to 2001, then
[the legislature] would have more options.
Number 1045
CHAIR SEATON explained that there was a recommendation from the
Board of Fisheries workgroup "based on some years and getting a
handle around the fishery." He said that the committee will
want to obtain some public testimony with regard to the change
of date because it changes the basic concept of the original
legislation.
REPRESENTATIVE OGG reiterated that he brought forth the change
encompassed in Amendment 1B because the sponsor was amendable to
it.
REPRESENTATIVE OGG turned to Amendment 1C, which is intent
language. Although some may point out that these principles are
already in the statute or constitution, these are things that
need to happen when moving forward in state water fisheries. He
acknowledged that there is some concern that federal fisheries
drive state fisheries rather than the reverse.
CHAIR SEATON [reinstated] his objection [to the adoption of
Version X].
Number 1271
REPRESENTATIVE GARA pointed out that a number of policies
already direct and guide CFEC, and added that he didn't want to
interfere with those policies or mandates. Furthermore, he said
that he wouldn't want the court to look at these specific
principles and interpret them to have been viewed as more
important than existing principles or even trumping them.
Therefore, he suggested that the maker of the amendment may not
want to include the language "in addition to any existing
statutory policies and mandates these shall also be considered."
Number 1393
REPRESENTATIVE WILSON removed her objection to Version U, which
was left pending at the prior hearing. Therefore, Version U was
before the committee.
CHAIR SEATON turned attention to Conceptual Amendment 1, which
read:
Page 3, line 21;
Delete "four years" and insert "one year".
Page 3, line 22;
Delete "two years" and insert "one year".
Page 7, line 3;
Delete "2008" and insert "2005".
Page 7, line 15;
Delete subsection (f).
CHAIR SEATON, in response to Representative Wilson, explained
the reasoning behind the change on page 3, line 21 in Amendment
1. When there is a long moratorium, say for six years, there
may be a requirement to count the participation and deliveries
during that four- to six-year period. The aforementioned
creates a race for the fish among those who are moratorium
qualified. Chair Seaton emphasized that the purpose of this is
to provide a window in which the Board of Fisheries can create a
system to work in conjunction with the North Pacific Fishery
Management Council (NPFMC). It has been related that the
federal system will be implemented by 2006 or 2007. Therefore,
there is no reason to have a long timeframe during which the
fish deliveries would count and create a race for fish among the
moratorium participants.
Number 1604
REPRESENTATIVE WILSON related her understanding that the
department needed some time to review, which is why the
moratorium was implemented.
CHAIR SEATON said that's partially true. However, the main
thrust behind this is for the state to develop a coordinated
structure with the federal government. If the federal
government has its system in place in 2006 or 2007, then a six-
year moratorium on participants in state waters doesn't make
sense. Again, such a long window would create a race for the
fish because of the knowledge that legally the fish delivered
during the moratorium would count.
REPRESENTATIVE WILSON stated that a race for the fish wouldn't
happen if it's clearly stated that fish delivered during the
moratorium won't count.
CHAIR SEATON replied:
It may or may not .... If it goes for six years and
we're having to give the fishery rights to people, as
CFEC testified, that participated 10 years ago and our
requirement that we have people that are reliant on
the fishery ..., it's hard to justify giving fishery
rights to people 10 years ago instead of the people
that are current participants. And so, ... we'll come
back to the legislature and we will pass a law that
says, "Oh, well this is totally unfair it's been six
years so the people that are actually fishing in the
last six years, ... those will count." And that's the
quandary.
CHAIR SEATON turned to the change in Amendment 1 to page 3, line
22, which would create a one-year extension. The change on page
7, line 15, deletes subsection (f), which is similar to
Representative Ogg's [Amendment 1A].
REPRESENTATIVE WILSON reinstated her objection to the adoption
of Version U.
[SB 347 was held over.]
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 9:02
a.m.
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