Legislature(2009 - 2010)BARNES 124
03/18/2010 10:15 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| Commercial Fisheries Entry Commission | |
| HB246 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 246 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
March 18, 2010
10:18 a.m.
MEMBERS PRESENT
Representative Bryce Edgmon, Chair
Representative Wes Keller, Vice Chair
Representative Craig Johnson
Representative Cathy Engstrom Munoz
Representative Robert L. "Bob" Buch
MEMBERS ABSENT
Representative Charisse Millett
Representative Scott Kawasaki
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Commercial Fisheries Entry Commission
Bruce Twomley - Juneau
-CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 246
"An Act relating to the licensing and regulation of sport
fishing operators and sport fishing guides and licensing and
registration of sport fishing vessels; and providing for an
effective date."
- MOVED HB 246 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 246
SHORT TITLE: SPORT FISH GUIDE LICENSES
SPONSOR(s): REPRESENTATIVE(s) NEUMAN
04/19/09 (H) READ THE FIRST TIME - REFERRALS
04/19/09 (H) FSH, RES
03/16/10 (H) FSH AT 10:15 AM BARNES 124
03/16/10 (H) Heard & Held
03/16/10 (H) MINUTE(FSH)
03/18/10 (H) FSH AT 10:15 AM BARNES 124
WITNESS REGISTER
BRUCE TWOMLEY, Appointee
to the Commercial Fisheries Entry Commission (CFEC)
Alaska Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Commercial
Fisheries Entry Commission.
REPRESENTATIVE MARK NEUMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as the sponsor of HB 246.
ACTION NARRATIVE
10:18:08 AM
CHAIR BRYCE EDGMON called the House Special Committee on
Fisheries meeting to order at 10:18 a.m. Representatives Edgmon,
Buch, and Keller were present at the call to order.
Representatives Munoz and Johnson arrived as the meeting was in
progress.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
^Commercial Fisheries Entry Commission
Commercial Fisheries Entry Commission
10:18:34 AM
CHAIR EDGMON announced that the first order of business would be
to consider the reappointment of Bruce Twomley to the Commercial
Fisheries Entry Commission (CFEC).
10:19:38 AM
BRUCE TWOMLEY, Appointee to the Commercial Fisheries Entry
Commission (CFEC), Alaska Department of Fish & Game (ADF&G),
informed the committee he was first appointed to the CFEC by
Governor Jay Hammond in 1982, and has been reappointed seven
times. For ten years prior to his service on the commission, he
worked for Alaska Legal Services as an attorney. Mr. Twomley
stated that the level of professional commitment by the staff at
the CFEC is a major reason why he wants to continue his work
there. In addition, the work at the commission continues to be
demanding and controversial, because people feel strongly about
their rights to fish. The commissioners serve as administrative
law judges, making decisions reviewed by the courts; in fact,
some decisions may be reversed, potentially resulting in
traumatic effects on fishermen's livelihoods. However, there
has not been a reversal since 1984-validating the commission's
work-and he expressed his desire to continue to serve.
10:23:44 AM
REPRESENTATIVE BUCH observed this is an opportunity, and the
good fortune of the state, to have Mr. Twomley continue in his
service. He asked for an overview of the commission's work this
year.
10:24:59 AM
MR. TWOMLEY explained that the daily tasks involve producing
legal decisions on limited entry permit applications. Denials
by hearing officers are appealed to the CFEC and cases are
decided by the agreement of two of the three commissioners. He
advised that the decisions reached are as important to
individuals as those in the court system. Working as a group,
the three commissioners have reviewed more than 900 decisions
since 1990. At the same time, the commission remained
responsible for limiting fisheries. Today, the number of cases
is down to 51. Mr. Twomley then reminded the committee that the
commission also administers the agency, addressing regulatory
questions, and establishing fees to commercial fisherman. He
stated that the biggest issue last year was providing
information to the state's attorneys for its defense against the
Carlson lawsuit. In fact, the commission spends a lot of time
working with attorneys to ensure that they have a clear
understanding of the commission's decisions and reasoning.
Another measure of the fairness of the commission's decisions is
that in 1980 there were one hundred and fifty pending appeals of
commission decisions, and now there are only eight.
10:29:31 AM
REPRESENTATIVE BUCH noted there is legislation to expand the
size of some of the other state commissions. He asked whether
additional commissioners would render the CFEC more or less
effective.
10:30:12 AM
MR. TWOMLEY opined group decisions are better than individual
decisions. He stated that having three commissioners has
worked, and he was unsure of what the optimum number of
commissioners might be before one would reach a point of
diminishing returns regarding the thoroughness and efficiency of
the commission's deliberations.
10:31:46 AM
The committee took an at-ease from 10:31 a.m. to 10:33 a.m.
10:33:39 AM
CHAIR EDGMON acknowledged the presence of Representative
Johnson.
10:33:57 AM
REPRESENTATIVE KELLER moved to advance from committee the
appointment of Bruce Twomley to the Commercial Fisheries Entry
Commission.
CHAIR EDGMON asked whether there were any objections to the
motion. There being none, the appointment was advanced from the
House Special Committee on Fisheries.
10:34:14 AM
The committee took an at-ease from 10:34 a.m. to 10:35 a.m.
10:35:33 AM
HB 246-SPORT FISH GUIDE LICENSES
10:35:36 AM
CHAIR EDGMON announced that the final order of business would be
HOUSE BILL NO. 246 "An Act relating to the licensing and
regulation of sport fishing operators and sport fishing guides
and licensing and registration of sport fishing vessels; and
providing for an effective date."
10:36:14 AM
CHAIR EDGMON reminded the committee that public testimony was
closed at the previous hearing. He invited closing comments
from the bill sponsor regarding his intent for pending
amendments.
10:36:56 AM
REPRESENTATIVE MARK NEUMAN, Alaska State Legislature, speaking
as the sponsor, stated his intent to address the amendment
regarding the sunset clause date before the House Resources
Standing Committee. He reviewed the process that began one and
one-half years ago with the department's advisory committee's
efforts to determine how the residents of Alaska want to manage
their resources. Concerns raised by residents include the
difficulty in completing the surveys in the field-hopefully
electronic scanning will help with this-and he pointed out that
this information is important to the Board of Fisheries to
continue to improve the science of tracking fish, and the
allocation and management of fish. Representative Neuman
concluded that information collected by the guides is critical.
10:39:30 AM
REPRESENTATIVE BUCH observed the only opposition to the bill
centers on the $50 additional charge.
REPRESENTATIVE NEUMAN clarified that the sport fishing business
owner fee is $100, and he said, "Do I think that that's
appropriate? No, I don't."
10:40:42 AM
REPRESENTATIVE BUCH asked whether that issue would be addressed
by the next committee.
REPRESENTATIVE NEUMAN advised that the House Resources Standing
Committee will review this issue; however, the industry is using
Alaskan resources, and funds are needed to manage this resource.
With declining oil revenue, programs must be funded by user
fees, or other ways, in order to obtain the needed data.
10:42:02 AM
REPRESENTATIVE BUCH stated his support for the legislation; in
fact, other groups have taxed themselves and contributed to
their industries.
10:43:55 AM
REPRESENTATIVE KELLER moved to report HB 246, 26-LS0929\A, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, HB 246 was
reported out of the House Special Committee on Fisheries.
10:44:21 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 10:45
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CFEC Reappointee Bruce Twomley.PDF |
HFSH 3/18/2010 10:15:00 AM |
|
| UAF Support for Bruce Twomley--CFEC.PDF |
HFSH 3/18/2010 10:15:00 AM |