Legislature(2011 - 2012)CAPITOL 120
02/28/2012 05:00 PM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Fishermen's Fund Advisory & Appeals Council | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
February 28, 2012
5:05 p.m.
MEMBERS PRESENT
Representative Steve Thompson, Chair
Representative Alan Austerman
Representative Bob Herron
Representative Lance Pruitt
Representative Bob Miller
MEMBERS ABSENT
Representative Craig Johnson, Vice Chair
Representative Scott Kawasaki
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Fishermen's Fund Advisory & Appeals Council
Jim Herbert - Seward
Clay Bezenek - Ketchikan
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JIM HERBERT, Appointee
Fishermen's Fund Advisory & Appeals Council
Seward, Alaska
POSITION STATEMENT: Spoke as an appointee to the Fishermen's
Fund Advisory and Appeals Council.
JERRY MCCUNE, Lobbyist
Cordova District Fisherman United
Cordova, Alaska
POSITION STATEMENT: Testified in support of the reappointment
of both Mr. Herbert and Mr. Bezenek.
CLAY BEZENEK, Appointee
Fishermen's Fund Advisory & Appeals Council
Ketchikan, Alaska
POSITION STATEMENT: Spoke as an appointee to the Fishermen's
Fund Advisory and Appeals Council.
ACTION NARRATIVE
5:05:55 PM
CHAIR STEVE THOMPSON called the House Special Committee on
Fisheries meeting to order at 5:05 p.m. Representatives
Austerman, Herron, Pruitt, Miller, and Thompson were present at
the call to order.
^CONFIRMATION HEARING(S): Fishermen's Fund Advisory & Appeals
Council
CONFIRMATION HEARING(S): Fishermen's Fund Advisory & Appeals
Council
5:06:17 PM
CHAIR THOMPSON announced that the only order of business would
be consideration of the appointees to the Fishermen's Fund
Advisory & Appeals Council. He explained that the fund was
established in the Division of Workers' Compensation in 1951 and
provides for the treatment and care of Alaska licensed
commercial fishermen who have been injured onshore or offshore.
The fund is financed from revenue received from resident and
nonresident commercial fishermen licenses and permit fees. The
commissioner of the Department of Labor & Workforce Development
(DLWD) oversees administration of the program with assistance of
the Fishermen's Fund Advisory and Appeals Council. The
Fishermen's Fund Advisory and Appeals Council is composed of the
DLWD commissioner or his/her designee who serves as chairman and
five members appointed by the governor. When the fund
administration can't immediately approve an application for
benefit, it may go before the Fishermen's Fund Advisory and
Appeals Council for review.
5:07:49 PM
JIM HERBERT, Appointee, Fishermen's Fund Advisory & Appeals
Council, informed the committee that he has been in the
designated seat representing District 3 on the Fishermen's Fund
Advisory and Appeals Council for more than 12 years. He noted
that he was first appointed by Governor Knowles and specified
that District 3 extends from Yakutat down below King Cove. Mr.
Herbert then turned to his personal background, and informed the
committee that he came to Alaska in 1971 and began fishing out
of Homer. While the bulk of his fishing time has been located
in Kodiak and Cook Inlet, he said he has fished from Southeast
to Bristol Bay as well as some communities further north more
recently. In terms of his role on the council, Mr. Herbert
expressed his belief in the importance of his knowledge of the
fisheries and the waters. The aforementioned knowledge, he
opined, helps weed out some who are perhaps trying to pull the
wool over the bureaucratic eye. He opined that over the years
the Fishermen's Fund Advisory and Appeals Council has done well
serving its clients. In regard to the recent increase up to
$10,000 in the total amount of funds that fishermen can receive
per standard claim, he pointed out that the Fishermen's Fund
Advisory and Appeals Council has always had the ability to give
extra funds in extraordinary circumstances, that is for those
who have suffered injuries and have no other recourse. Mr.
Herbert then related that he has always believed the Fishermen's
Fund Advisory and Appeals Council's fiduciary responsibility is
important. As mentioned earlier, approximately 39 percent of
fishermen's deck licenses and an equivalent amount from fishing
permits established the fund. Over the years, the balance has
grown and remained fairly stable for a number of years. The
[fishermen and council] are anxious to observe what happens with
this new higher limit in terms of the total corpus of the fund,
which is currently $11-$12 million, and the potential decrease
it will experience. He suggested that the committee may wish to
put the aforementioned on the committee's radar.
5:11:27 PM
MR. HERBERT then reminded the committee that a number of years
ago, a seven-day fishermen's license was put in effect with the
idea that there might be tourists who were willing to go out on
fishermen's boats for the experience of it. However, he opined
that the seven-day license has deteriorated into a loophole that
allows out-of-state people to pay the same rate as in-state
people and purchase several long-term licenses in succession to
escape fees that one would be required to pay for a standard
deck license. This license may also impact the funds going into
the Fishermen's Fund. However, more importantly, he opined that
the intent of the license isn't being honored. Mr. Herbert then
informed the committee at the next Fishermen's Fund Advisory and
Appeals Council meeting he hopes to find efficiencies that
address the high administrative costs of each claim. Since a
number of the committee members are from the Fairbanks area, Mr.
Herbert highlighted the fact that for three to four years the
Fishermen's Fund Advisory and Appeals Council has been unable to
fill the seat for District 5, which is north of Bristol Bay and
sort of the AYK area. The concern is that the fishermen in
District 5 aren't receiving real representation. Therefore, he
encouraged passing on the name of anyone interested in that
seat.
5:14:08 PM
REPRESENTATIVE HERRON said that he will include a notice
regarding this vacancy in his newsletter.
MR. HERBERT said he would appreciate that.
5:14:40 PM
CHAIR THOMPSON, drawing from his experience sitting on the
Workers' Compensation Board, related that at the end of the
construction season the board would experience an increase in
the number of claims. He asked if that was the case with
fisheries.
MR. HERBERT answered, "Not necessarily." He told the committee
that until a year-and-a-half ago, the standard limit was $2,500
and it's only paid to the provider, not the individual.
Typically, the individual has to file the claim within 60 days
of the injury otherwise there are more difficulties and appeals
that arise with filing the claim. Mr. Herbert said that the
claims seem to be a function of the busyness of the season, and
therefore since most of the salmon fisheries occur in the summer
that's when most of the claims occur.
5:16:26 PM
REPRESENTATIVE AUSTERMAN inquired as to the number of meetings
the Fishermen's Fund Advisory and Appeals Council holds.
MR. HERBERT responded that the council holds two meetings per
year, one of which is usually held in Juneau and the other in
Anchorage. He did recall a year when the council held a meeting
in Kodiak. Although these meetings have virtually no audience,
last spring a meeting was held in Dillingham in order to reach
out to other fishermen in other communities.
5:17:30 PM
REPRESENTATIVE AUSTERMAN then inquired as to whether all the
claimants have to appear before the council for their claims.
MR. HERBERT replied no, adding that there are various forms for
claimants appealing a late filing or seeking more funds or time
for treatment. If the claimant feels he/she could be better
served by appearing in person, he/she may do so. He noted that
appearing telephonically has always been an option.
5:18:17 PM
REPRESENTATIVE AUSTERMAN further inquired as to the
administrative costs per percentage of claims or the amount of
the claims.
MR. HERBERT responded that he does to a certain extent. Without
specific documentation, he estimated that it's about $300 per
claim for approximately 700 claims per year. Currently, there
are two clerks in Juneau who perform most of the paperwork in
Juneau and a part-time administrator. For this upcoming
meeting, from the administrator he had requested a break out of
the job descriptions of the various staff and how the funds are
allocated. Although he understood that there has to be a
sharing of certain costs, such as for the electricity, the Xerox
machine, and supplies, it seems too much money is being spent on
administration when the average claim is less than $1,000.
5:20:01 PM
CHAIR THOMPSON invited public testimony.
5:20:21 PM
JERRY MCCUNE, Lobbyist, Cordova District Fisherman United,
related support for the reappointment of Mr. Herbert, who has
lots of institutional knowledge and can help newer members to
the Fishermen's Fund Advisory and Appeals Council. With regard
to Mr. Bezenek, he related his understanding that he has fished
all over the state and is knowledgeable of the issues that would
be on the vessels. Mr. McCune related support for the
reappointment of both nominees.
5:21:35 PM
CLAY BEZENEK, Appointee, Fishermen's Fund Advisory & Appeals
Council, informed the committee that he has been on the
Fishermen's Fund Advisory and Appeals Council one full term. He
further informed the committee that the Fishermen's Fund
Advisory and Appeals Council helped his family personally when
he had a bad accident in 2002 while geoduck diving in Craig.
Therefore, when he was offered the opportunity to serve on the
council, he didn't hesitate to give back to the industry that
has supported him for the last 25 years. Mr. Bezenek said he
enjoys being on the board, which has a lot of good folks,
particularly Mr. Herbert, to show him the way even when on
opposing sides of an issue. Mr. Bezenek said the Fishermen's
Fund Advisory and Appeals Council is really a great fund that
has helped a lot of people.
5:24:22 PM
CHAIR THOMPSON, upon determining no one else wished to testify,
closed public testimony.
5:24:46 PM
CHAIR THOMPSON announced that without objection, the House
Special Committee on Fisheries, having reviewed the
qualifications of the governor's appointees, will forward the
names of Mr. Herbert and Mr. Bezenek to the full legislature for
confirmation. He then reminded members that signing the reports
regarding appointments to boards and commissions in no way
reflects individual member's approval or disapproval of the
appointees, and that the nominations are merely forwarded to the
full legislature for confirmation or rejection.
5:25:41 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 5:25
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Fishermen's Fund Appeals - Bezenek #1.pdf |
HFSH 2/28/2012 5:00:00 PM |
|
| Fishermen's Fund Appeals - Herbert #1.pdf |
HFSH 2/28/2012 5:00:00 PM |