03/19/2007 08:30 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| HJR14 | |
| HB186 | |
| HB15 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 14 | TELECONFERENCED | |
| *+ | HB 186 | TELECONFERENCED | |
| += | HB 15 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
March 19, 2007
8:36 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Kyle Johansen
Representative Craig Johnson
Representative Gabrielle LeDoux
Representative Peggy Wilson
Representative Bryce Edgmon
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 14
Urging the United States Congress to enact Senate Bill 552 so
that individuals receiving a damage award from the Exxon Valdez
oil spill can benefit from the income averaging and retirement
contribution provisions of the bill.
- MOVED CSHJR 14(FSH) OUT OF COMMITTEE
HOUSE BILL NO. 186
"An Act relating to sharing with certain federal agencies
records required of sport fishing guides."
- HEARD AND HELD
HOUSE BILL NO. 15
"An Act relating to participation in matters before the Board of
Fisheries by members of the board; and providing for an
effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 14
SHORT TITLE: FED S 552/HR 1334; EXXON PLAINTIFFS
SPONSOR(s): FISHERIES
03/14/07 (H) READ THE FIRST TIME - REFERRALS
03/14/07 (H) FSH, RES
03/19/07 (H) FSH AT 8:30 AM BARNES 124
BILL: HB 186
SHORT TITLE: SPORT FISHING GUIDE RECORDS
SPONSOR(s): REPRESENTATIVE(s) HARRIS BY REQUEST
03/12/07 (H) READ THE FIRST TIME - REFERRALS
03/12/07 (H) FSH, RES
03/19/07 (H) FSH AT 8:30 AM BARNES 124
BILL: HB 15
SHORT TITLE: BOARD OF FISHERIES CONFLICTS OF INTEREST
SPONSOR(s): REPRESENTATIVE(s) SEATON
01/16/07 (H) PREFILE RELEASED 1/5/07
01/16/07 (H) READ THE FIRST TIME - REFERRALS
01/16/07 (H) FSH, RES
03/14/07 (H) FSH AT 8:30 AM BARNES 124
03/14/07 (H) Heard & Held
03/14/07 (H) MINUTE(FSH)
03/19/07 (H) FSH AT 8:30 AM BARNES 124
WITNESS REGISTER
JERRY MCCUNE, Lobbyist
United Fishermen of Alaska (UFA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HJR 14.
FRANK MULLEN
Homer, Alaska
POSITION STATEMENT: Testified on HJR 14.
TOM WRIGHT, Staff
to Representative John Harris
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 186, on behalf of
Representative Harris, prime sponsor.
DOUGLAS VINCENT-LANG, Special Projects Coordinator
Division of Sport Fish
Alaska Department of Fish & Game (ADF&G)
Anchorage, Alaska
POSITION STATEMENT: During hearing of HB 186, responded to
questions.
VICTORIA O'CONNELL
Coastal Marine Research
Sitka, Alaska
POSITION STATEMENT: Testified in support of HB 186.
KATHY HANSEN, Executive Director
Southeast Alaska Fisheries Alliance (SAFA)
Statewide Chair, United Fishermen of Alaska (UFA)
Commercial Representative, North Pacific Fishery Management
Council (NPFMC) Charter Halibut Stakeholder Group
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 186.
ACTION NARRATIVE
CHAIR PAUL SEATON called the House Special Committee on
Fisheries meeting to order at 8:36:27 AM. Representatives
Wilson, Johansen, LeDoux, Johnson, and Edgmon were present at
the call to order. Representative Holmes arrived as the meeting
was in progress.
HJR 14-FED S 552/HR 1334; EXXON PLAINTIFFS
8:36:38 AM
CHAIR SEATON announced that the first order of business would be
HOUSE JOINT RESOLUTION NO. 14, Urging the United States Congress
to enact Senate Bill 552 so that individuals receiving a damage
award from the Exxon Valdez oil spill can benefit from the
income averaging and retirement contribution provisions of the
bill.
8:37:28 AM
REPRESENTATIVE WILSON moved that the committee adopt CSHJR 14,
Version 25-LS0639\K, Bullock, 3/15/07, as the working document.
There being no objection, Version K was before the committee.
8:38:14 AM
CHAIR SEATON explained that the resolution basically urges the
United States Congress to enact S. 552 and H.R. 1334.
8:39:33 AM
JERRY MCCUNE, Lobbyist, United Fishermen of Alaska (UFA),
related UFA's support for HJR 14. Mr. McCune noted his
appreciation for the introduction of the resolution as [the
passage of the congressional legislation] will be an uphill
battle. The proposals in Congress would be very helpful with
regard to retirement and income averaging if there ever is an
award awarded from the Exxon Valdez oil spill.
REPRESENTATIVE LEDOUX recalled reading that fishermen wouldn't
be able to deduct the attorney's fees from the settlement when
they pay their taxes. She asked if that's correct.
MR. MCCUNE responded that one opinion is based on a case in
Florida in which someone received a punitive damage award in
which that individual had to pay taxes on the entire award,
although a portion of it was for attorney's fees. Another
opinion is that self-employed persons shouldn't have to follow
that rule. However, it's still in the air.
8:42:01 AM
FRANK MULLEN informed the committee that he is a life-long
commercial fisherman as well as a financial planner. He related
that he has been working for years with the attorney groups to
obtain some tax mitigation. The idea of S. 552 that HJR 14
addresses makes it clear that it's a one-time only exemption for
existing caps to individual retirement account (IRA)
contributions and the income averaging concept. He then
emphasized that this isn't an effort to dodge taxes, however, if
the amount of the mitigation award can be made into an IRA
versus receiving an award that would be taxed at 35 percent, it
would be helpful for the fishermen who have been awaiting these
funds for 18 years.
8:44:57 AM
CHAIR SEATON closed public testimony.
8:45:01 AM
REPRESENTATIVE WILSON moved to report CSHJR 14, Version 25-
LS0639\K, Bullock, 3/15/07, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHJR 14(FSH) was reported from the House Special
Committee on Fisheries.
HB 186-SPORT FISHING GUIDE RECORDS
8:47:06 AM
CHAIR SEATON announced that the next order of business would be
HOUSE BILL NO. 186, "An Act relating to sharing with certain
federal agencies records required of sport fishing guides."
8:47:17 AM
TOM WRIGHT, Staff to Representative John Harris, Alaska State
Legislature, speaking on behalf of Representative Harris, prime
sponsor, began by mentioning that HB 186 was requested by
charter operators in the Prince William Sound. The legislation
makes minor amendments to statute such that the Alaska
Department of Fish & Game (ADF&G) would be allowed to release
catch information from sport charter guides to the National
Oceanic and Atmospheric Administration (NOAA) and the National
Marine Fisheries Service (NMFS). The aforementioned could
result in the agencies making better-informed decisions. He
noted that the information released to NOAA and NMFS would
remain confidential and may not be released to the public under
these statutes.
8:48:41 AM
REPRESENTATIVE JOHNSON inquired as to whether the names of the
people, who catch the fish, are released.
MR. WRIGHT deferred to ADF&G.
8:49:10 AM
DOUGLAS VINCENT-LANG, Special Projects Coordinator, Division of
Sport Fish, Alaska Department of Fish & Game (ADF&G), said that
these are records that are collected as part of the logbook
information, which would include the license number of the
angler. He explained that when ADF&G is trying to maintain the
charter fleet under its guideline harvest levels in Area 15-3A,
one of the management measures that was relatively well-
supported was an annual limit. However, ADF&G was told that it
couldn't share its logbook, which is necessary to enforce an
annual limit by NMFS, although it could be shared with NOAA. He
characterized it as an oversight when the guide licensing
legislation was created. The information also couldn't be
shared with the International Pacific Halibut Commission (IPHC).
The aforementioned meant that an annual limit on halibut
charters would require the implementation of a federally
enforced logbook program. Therefore, the fishermen would have
two logbooks. At that point, the notion was to amend the
statutes because even if the information was shared with NMFS
enforcement, it would remain confidential. The only exception
is if someone breaks the law and the matter goes to court, at
which point it would become public.
8:51:24 AM
CHAIR SEATON related his understanding that the legislation is
written such that it's only related to sport fish, not
commercial fish histories and catch histories.
MR. VINCENT-LANG pointed out that under the existing statute
fish tickets and fish ticket information can be shared
commercially with NMFS. The legislation would merely add
records required of sport fishing guides into that statute. In
further response to Chair Seaton, Mr. Vincent-Lang specified
that this legislation wouldn't change anything related to
commercial fish statistics, fish tickets, or fish ticket
information. This legislation only allows ADF&G to share sport
fishing records from sport fishing guides with NMFS enforcement
and IPHC.
8:52:49 AM
VICTORIA O'CONNELL, Coastal Marine Research, informed the
committee that she is a retired commercial fisheries biologist
with the State of Alaska. Ms. O'Connell urged the committee to
support HB 186, as sharing data is critical for the management
of the halibut resource. She noted that such data, including
logbook, fish ticket data, and other catch records, has been
shared routinely in commercial fisheries. She then suggested
that the language be changed to allow data sharing for other
species such as yellow eye rockfish, which are a by-catch of the
halibut and charter fishery. The aforementioned would provide
the council the ability to evaluate the impacts of halibut
management measures to other species. Although the state does
manage yellow eye rockfish, it's done under an agreement with
the council.
8:54:18 AM
CHAIR SEATON asked if Ms. O'Connell is expressing the need to
share data on just the yellow eye rockfish or all of the logbook
data.
MS. O'CONNELL opined that it would make sense to share [data] on
all of the ground fish species, including ling cod, because
there will be impacts with different management measures. She
highlighted the importance of all agencies to understand the
full implications of management. In response to Representative
Wilson, Ms. O'Connell suggested: following "halibut" inserting
the language "and other ground fish" on page 3, line 4. She
then questioned why NMFS wasn't included in that provision as it
would allow sharing with the council.
MR. VINCENT-LANG pointed out that under paragraph (9) on page 2
the department can share any records dealing with the records
required of sport fishing guides with NMFS and NOAA. He noted
that it's not limited to halibut in that case. Under Section 1
of the existing law, ADF&G can already share with NMFS all of
the department's records for sport fishing guides with respect
to all species. He related his understanding that under
paragraph (10) on page 3, ADF&G would only share halibut with
IPHC because that's the only fishery it manages. "All other
records, in terms of development of fishery management plan for
either state or federal actions, would be done under (9) and
those could include ling cod, rockfish, salmon, for that
matter," he specified.
8:57:08 AM
CHAIR SEATON pointed out that the North Pacific Fisheries
Management Council (NPFMC) has a very active role in managing
halibut. He asked if ADF&G is currently able to share halibut
data with NPFMC.
MR. VINCENT-LANG replied yes, under [paragraph] (1); however,
not under the enforcement actions under paragraph (9). In
further response to Chair Seaton, Mr. Vincent-Lang clarified
that currently the department is able to share with NPFMC all of
the halibut records, but not with NMFS enforcement.
8:58:20 AM
REPRESENTATIVE WILSON inquired as to what more data is
necessary.
MR. VINCENT-LANG reiterated that currently ADF&G can't share
information collected from the logbook program with NMFS
enforcement or the IPHC. The desire is to provide that
information to those organizations. He explained that if the
information can be shared with NMFS enforcement, there is the
potential to have an annual limit using the state logbook rather
than have the charter boat operators carry two logbooks.
REPRESENTATIVE WILSON surmised then that what Ms. O'Connell
discussed is already included in the legislation.
MR. VINCENT-LANG related his understanding that Ms. O'Connell
suggested the need to also share groundfish records, other than
halibut, with the International Pacific Halibut Commission
(IPHC).
REPRESENTATIVE WILSON asked whether that would make a difference
for the other groundfish and be good to include in HB 186.
MR. VINCENT-LANG explained that HB 186 was drafted recognizing
that the primary management agency responsible for developing a
fishery management plan for the groundfish species wasn't IPHC
but rather NPFMC, which was already covered. Therefore, this
legislation was drafted to ensure that ADF&G could share
information on halibut with IPHC and with federal NMFS
enforcement as that wasn't covered.
9:00:28 AM
CHAIR SEATON related his understanding that there isn't the
necessity to share the state ling cod data with IPHC because it
doesn't design regulations for limiting that bycatch. He asked
if that's the philosophy.
MR. VINCENT-LANG replied yes, and added that the desire is to
share as much information as possible to make the best
management decisions possible.
9:01:28 AM
KATHY HANSEN, Executive Director, Southeast Alaska Fisheries
Alliance (SAFA); Statewide Chair, United Fishermen of Alaska
(UFA); Commercial Representative, North Pacific Fishery
Management Council (NPFMC) Charter Halibut Stakeholder Group,
clarified that she would be speaking on behalf of all three
organizations today. She related support for HB 186, as timely
passage of it is a critical aspect of halibut management. The
NPFMC is currently reviewing management measures for Area 2C of
the halibut fishery. Without the passage of HB 186, many
options such as annual limits wouldn't be considered.
Furthermore, another layer of bureaucracy will be necessary on
the federal side because the charter operators would have to
keep two different logbooks [due to the lack of data sharing].
Ms. Hansen then informed the committee that NPFMC is also
looking at taking final action on the charter industry for
halibut at the April meeting. With the passage of this data-
sharing legislation, all the logbook is able to be shared with
NMFS for the implementation of the moratorium otherwise the
charter operator will have to request a certified copy of
his/her information to provide to NMFS. She pointed out that
this data sharing has been done for the commercial fishing
industry just not for the charter fishing industry. It's very
important to pass this session as it faces final action
decisions by the council in its upcoming meetings.
9:04:49 AM
MS. HANSEN suggested that Ms. O'Connell's concern could be
addressed by deleting the language "regarding halibut" on page
3, line 4. Such a change would allow the logbook data to be
shared with IPHC. She opined that limiting the sharing of data
with IPHC to one species would make the situation more
complicated.
9:05:40 AM
MS. HANSEN, in response to Representative Johnson, clarified
that the legislation needs to be in place by the end of session
so that when NPFMC addresses the final action on Area 2C
management measures. She noted that although the council will
take final action on the moratorium at its April meeting, it
won't be implemented for a year.
REPRESENTATIVE JOHNSON asked if an immediate effective date is
necessary or is passage of the legislation sufficient. He
commented that he wasn't aware that the situation was urgent.
CHAIR SEATON indicated that it may not be if the enforcement
isn't going to occur until a year from now.
REPRESENTATIVE JOHNSON inquired as to whether this will allow
[the sharing] of past records, in which case [an immediate
effective date] would be appropriate.
MS. HANSEN responded that an immediate effective date isn't
necessarily required, but NPFMC does need to know that the data
sharing will be available when they put a management measure in
place.
MS. O'CONNELL related her belief that an immediate effective
date is important. She explained that NMFS is about to release
proposed rule-making for the 2007 season. If HB 186 had passed,
an annual limit, which she believed would be less detrimental to
stocks than other options, could be under consideration.
Furthermore, the legislation would send a message that the
legislature is taking the matter seriously and the council
should as well.
9:09:51 AM
CHAIR SEATON closed public testimony.
9:10:00 AM
MR. WRIGHT noted his agreement that an immediate effective date
would be helpful in the long run.
9:10:20 AM
MR. VINCENT-LANG, regarding paragraph (10), pointed out that the
language, "regarding halibut," exists in statute. The
legislation merely adds the language "and records required of
sport fishing guides." Therefore, removal of the language
"regarding halibut" would, in essence, allow fish ticket and
fish ticket information from the commercial fisheries for other
species to be given to IPHC. Under existing statute, the only
information to be given to IPHC is regarding halibut. In
response to Representative Johnson's earlier question, Mr.
Vincent-Lang said he would interpret the language to mean that
the sharing of historical data as well as information going
forward could be shared.
9:11:38 AM
CHAIR SEATON inquired as to when the logbook recordkeeping would
go into effect.
MR. VINCENT-LANG related that there is information going back to
1996.
CHAIR SEATON asked if that's the logbook that ADF&G didn't find
effective for use for an allocation scheme.
MR. VINCENT-LANG stated that any information shared will be
qualified as to its quality in terms of management decisions.
He recalled that in the late 1990s there was information that
would've been difficult to utilize with regard to decisions of
an individual quota share system. However, there is information
in the logbooks that illustrate evidence of participation in a
fishery that may not reach the level of awarding an individual
fishery quota or anything else that the federal government may
do. Although there may be some problems with that data, some of
it could be useful for management purposes in terms of
evaluating annual limits.
9:13:16 AM
CHAIR SEATON described the possibility of the passage time-line
for HB 186 and related his intention to hold HB 186 for further
public comment on Wednesday.
9:14:42 AM
REPRESENTATIVE JOHNSON inquired as to the need to remove the
language "regarding halibut" on page 3, line 4.
CHAIR SEATON related his understanding from the department's
testimony that by so doing, all commercial fish ticket landing
[information] whether halibut or not would be subject to sharing
with the IPHC, which isn't the intent. He opined that deletion
of the language "regarding halibut" would be broadened such that
it could be problematic.
MR. VINCENT-LANG clarified that removing the language "regarding
halibut" means that all fish tickets, fish ticket information,
and sport fishing guide information, both commercial and sport,
would be available to be shared with the IPHC. This legislation
was written to ensure that the halibut information could be
shared in a fashion similar to how the commercial information
will be shared with the IPHC.
CHAIR SEATON surmised then that currently fish ticket
information and fish tickets regarding halibut are shared with
the IPHC for the commercial fisheries. He further surmised that
the intention with HB 186 was to add that same provision for
records regarding sport fishing. Therefore, removal of the
language "regarding halibut" would expand the legislation such
that all of the commercial fish tickets and commercial fish
ticket information is shared for all species with IPHC.
MR. VINCENT-LANG noted his agreement.
9:17:06 AM
REPRESENTATIVE HOLMES remarked that the more important question
is in regard to what is desired to be shared, and then it
becomes a simple drafting exercise.
9:17:45 AM
REPRESENTATIVE WILSON related her reluctance to provide [all
information] until all the ramifications are known.
9:18:11 AM
CHAIR SEATON pointed out that the IPHC doesn't manage the
halibut fishery; it only sets the biological limits. The
management is with NPFMC with which the data is already shared.
He stated reluctance to share information with an international
organization that doesn't control [the fishery].
9:19:02 AM
REPRESENTATIVE LEDOUX concurred with the aforementioned
concerns.
9:19:38 AM
MR. VINCENT-LANG clarified:
If the Halibut Commission is going to be making a
decision that impacts other species, we'd be able to
talk about that. We just would not be able to share
the specific line-by-line records. We could still
talk about the likely impact of any decision that they
have in an aggregate of over all the logbook
information that we've collected in aggregate. So,
the information would be available, it just wouldn't
be available in a line-by-line-by-line basis through
the logbooks.
9:20:18 AM
REPRESENTATIVE WILSON moved that the committee adopt Amendment
1, which would add a Section 2, providing for an immediate
effective date.
CHAIR SEATON noted that a title change would be required.
There being no objection, Amendment 1 was adopted.
9:20:56 AM
CHAIR SEATON stated that HB 186 would be held until Wednesday's
meeting.
HB 15-BOARD OF FISHERIES CONFLICTS OF INTEREST
9:21:38 AM
CHAIR SEATON announced that the final order of business would be
HOUSE BILL NO. 15, "An Act relating to participation in matters
before the Board of Fisheries by members of the board; and
providing for an effective date."
CHAIR SEATON, determining that the witness list was exhausted,
closed public testimony on HB 15. In response to Representative
LeDoux, Chair Seaton specified that the next committee of
referral for HB 15 is the House Resources Standing Committee.
[HB 15 was held over.]
9:23:30 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 9:23
a.m.
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