Legislature(2013 - 2014)CAPITOL 120

03/12/2013 10:00 AM House FISHERIES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 110 BARBED HOOKS TELECONFERENCED
Heard & Held
*+ HB 143 COMMERCIAL FISHING CREWMEMBER LICENSES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         March 12, 2013                                                                                         
                           10:04 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Eric Feige                                                                                                       
Representative Lynn Gattis                                                                                                      
Representative Bob Herron                                                                                                       
Representative Craig Johnson                                                                                                    
Representative Kurt Olson                                                                                                       
Representative Jonathan Kreiss-Tomkins                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 110                                                                                                              
"An Act prohibiting the use of barbed hooks in certain                                                                          
freshwater areas."                                                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 143                                                                                                              
"An Act relating to crewmember fishing licenses."                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 110                                                                                                                  
SHORT TITLE: BARBED HOOKS                                                                                                       
SPONSOR(s): REPRESENTATIVE(s) SEATON                                                                                            
                                                                                                                                
02/11/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/11/13       (H)       FSH, RES                                                                                               
02/21/13       (H)       FSH AT 10:00 AM CAPITOL 120                                                                            
02/21/13       (H)       Heard & Held                                                                                           
02/21/13       (H)       MINUTE(FSH)                                                                                            
02/26/13       (H)       FSH AT 10:00 AM CAPITOL 120                                                                            
02/26/13       (H)       Heard & Held                                                                                           
02/26/13       (H)       MINUTE(FSH)                                                                                            
03/12/13       (H)       FSH AT 10:00 AM CAPITOL 120                                                                            
                                                                                                                                
BILL: HB 143                                                                                                                  
SHORT TITLE: COMMERCIAL FISHING CREWMEMBER LICENSES                                                                             
SPONSOR(s): REPRESENTATIVE(s) SEATON                                                                                            
                                                                                                                                
02/27/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/13       (H)       FSH, FIN                                                                                               
03/12/13       (H)       FSH AT 10:00 AM CAPITOL 120                                                                            
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BURKE WALDRON, Captain; Operations Commander                                                                                    
Division of Alaska Wildlife Troopers                                                                                            
Department of Public Safety                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during discussion about HB 110.                                                                
                                                                                                                                
ERIC JORDAN                                                                                                                     
Commercial Fisherman                                                                                                            
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 110 and HB 143.                                                               
                                                                                                                                
DAN DUNAWAY                                                                                                                     
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:  Testified during discussion of HB 110.                                                                   
                                                                                                                                
CHARLES SWANTON, Director                                                                                                       
Division of Sport Fish                                                                                                          
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during discussion of HB 110.                                                                   
                                                                                                                                
DOUGLAS DUNCAN, Staff                                                                                                           
Representative Paul Seaton                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 143 on behalf of the sponsor,                                                              
Representative Seaton.                                                                                                          
                                                                                                                                
JAMES HERBERT                                                                                                                   
Commercial Fisherman                                                                                                            
Seward, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 143.                                                                          
                                                                                                                                
KEVIN BROOKS, Deputy Commissioner                                                                                               
Office of the Commissioner                                                                                                      
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during discussion of HB 143.                                                                   
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:04:44 AM                                                                                                                   
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order  at  10:04  a.m.    Representatives                                                               
Seaton, Kreiss-Tomkins,  Feige, Olson,  Johnson, and  Herron were                                                               
present at the  call to order.  Representative  Gattis arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
                      HB 110-BARBED HOOKS                                                                                   
                                                                                                                                
10:05:06 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON announced that the  first order of business would be                                                               
HOUSE BILL NO.  110, "An Act prohibiting the use  of barbed hooks                                                               
in certain freshwater areas."   [Before the committee was Version                                                               
28-LS0360\U.]                                                                                                                   
                                                                                                                                
CHAIR  SEATON noted  that the  committee was  also considering  a                                                               
resolution for  the lowering  of Chinook  salmon by-catch  in the                                                               
Gulf and Bering Sea troll fisheries.                                                                                            
                                                                                                                                
10:06:34 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB   110,  labeled  28-LS0360\N,  Bullard,                                                               
3/11/13, as the working draft.                                                                                                  
                                                                                                                                
10:06:52 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON objected for discussion.                                                                                           
                                                                                                                                
CHAIR  SEATON explained  that the  proposed committee  substitute                                                               
would move this statutory prohibition  on the use of barbed hooks                                                               
from  AS  16.10  to  AS  16.05,  which  would  now  include  this                                                               
restriction with other similar violations.                                                                                      
                                                                                                                                
10:08:09 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  removed his objection,  and there being  no further                                                               
objection, Version N was adopted as the working draft.                                                                          
                                                                                                                                
10:08:47 AM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
10:09:22 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON moved to adopt Amendment 1, labeled 28-LS0360\N.1,                                                                 
Bullard, 3/11/13, which read:                                                                                                   
                                                                                                                                
     Page 1, following line 13:                                                                                                 
                                                                                                                                
     Insert a new subsection to read:                                                                                           
                                                                                                                                
     "(d)  In this section,  "barbed hook" means a hook with                                                                    
     at least  one subsidiary  point facing in  the opposite                                                                    
     direction of the main point  of the hook; "barbed hook"                                                                    
     does not include a hook  from which all barbs have been                                                                    
     pinched down, filed off, or otherwise removed."                                                                            
                                                                                                                                
CHAIR SEATON explained that the purpose of the proposed                                                                         
amendment was to add a definition for barbed hook into the                                                                      
regulation.                                                                                                                     
                                                                                                                                
10:10:44 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON objected.                                                                                                 
                                                                                                                                
10:11:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON removed his objection.  There being no                                                                    
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
10:11:23 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON moved to adopt Amendment 2, labeled 28-LS0360\N.2,                                                                 
Bullard, 3/11/13, which read:                                                                                                   
                                                                                                                                
     Page 1, following line 13:                                                                                                 
                                                                                                                                
     Insert a new subsection to read:                                                                                           
                                                                                                                                
     "(d)  In this section,                                                                                                     
                                                                                                                                
     (1)  "freshwater" means all inland water;                                                                                  
                                                                                                                                
     (2)   "inland  water" means  water separated  from salt                                                                    
     water at  the mouths of  creeks and streams  and rivers                                                                    
     at a  line between the  extremities of a  river's banks                                                                    
     at a mean  low tide or at a point  to be determined and                                                                    
     adequately marked by the department."                                                                                      
                                                                                                                                
10:12:06 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON objected for discussion.                                                                                  
                                                                                                                                
CHAIR SEATON  explained that, as  it was necessary to  define the                                                               
fresh waters affected by the  proposed bill, proposed Amendment 2                                                               
offered that definition.                                                                                                        
                                                                                                                                
10:12:41 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON removed  his  objection.   There being  no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
10:13:21 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON opened public testimony.                                                                                           
                                                                                                                                
10:14:23 AM                                                                                                                   
                                                                                                                                
BURKE WALDRON, Captain; Operations  Commander, Division of Alaska                                                               
Wildlife Troopers, Department of  Public Safety, suggested that a                                                               
re-wording of the description for  barbed hooks in Amendment 1 to                                                               
read  "a  separate  or  different  direction,"  instead  of  "the                                                               
opposite direction" for the point  of the primary hook would lend                                                               
greater clarity.   He announced that he was  still evaluating the                                                               
definitions for "fresh water" and  "inland water" in Amendment 2,                                                               
and that he would comment on this at a later time.                                                                              
                                                                                                                                
10:15:57 AM                                                                                                                   
                                                                                                                                
ERIC JORDAN, Commercial Fisherman, stated  his support for HB 110                                                               
and his  support for conservation.   He questioned why  the House                                                               
Special Committee  on Fisheries  was involved  with this,  as, he                                                               
opined, it was an Alaska Board of Fisheries issue.                                                                              
                                                                                                                                
CHAIR SEATON  explained that both  the Alaska Board  of Fisheries                                                               
and the  legislature addressed issues,  and that  the legislature                                                               
had  the responsibility  to "look  out for  the resources  of the                                                               
state."                                                                                                                         
                                                                                                                                
MR. JORDAN said that he strongly supported the proposed bill.                                                                   
                                                                                                                                
10:19:34 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON directed  attention  to a  letter  from the  United                                                               
Fishermen  of Alaska  (UFA), dated  March 11,  2013 [Included  in                                                               
members' packets] which expressed  its support for reducing catch                                                               
mortality, but emphasized that this  was an issue which should be                                                               
addressed by  the Alaska Board  of Fisheries, and not  the Alaska                                                               
State Legislature.  He introduced  an article by Alex Wertheimer,                                                               
"Hooking  Mortality  of  Chinook Salmon  Released  by  Commercial                                                               
Trollers."  [Included in members'  packets]  He reported that Mr.                                                               
Wertheimer worked  for the National  Marine Fisheries  Service at                                                               
the Auke Bay Laboratory in Juneau  in 1988, when this article was                                                               
published.   Reading from the Abstract  at the top of  page 1, he                                                               
stated:   "The recalculated estimate  of total  hooking mortality                                                               
for legal  and sublegal fish,  based on wound severity,  was 23.5                                                               
percent."  He reported that  the committee had pondered any means                                                               
for limiting "all kinds of unintended mortality."                                                                               
                                                                                                                                
10:21:13 AM                                                                                                                   
                                                                                                                                
DAN  DUNAWAY expressed  his objection  that  the legislature  was                                                               
"encroaching into the,  what I see as, the realm  of the Board of                                                               
Fish,  that's the  whole reason  we have  a Board  of Fish."   He                                                               
opined  that a  major  reason  for statehood  had  been for  more                                                               
public involvement, and to remove  some of these issues from "the                                                               
political arena."   He offered  his belief that the  Alaska Board                                                               
of Fisheries  was a more  appropriate assemblage.   He referenced                                                               
numerous fresh  water studies that  showed "a  minimum biological                                                               
gain  for  a  significant  social   cost."    He  said  that  the                                                               
definition  of "barbless"  often  brought inadvertent  violations                                                               
and "squabbles"  that alienated  an otherwise  supportive public.                                                               
He offered his belief that there  was not a significant gain from                                                               
these regulations.  He reported that  Idaho was in the process of                                                               
repealing its "barbless" rules and  that Montana had also decided                                                               
not to adopt "barbless" regulations.                                                                                            
                                                                                                                                
10:23:54 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON closed public testimony.                                                                                           
                                                                                                                                
10:24:00 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON  offered his belief that,  although Chinook                                                               
Salmon  fisheries   required  a  triage  treatment   to  specific                                                               
drainages, this  was similar  to applying a  "Band-Aid to  a very                                                               
severe injury."                                                                                                                 
                                                                                                                                
CHAIR SEATON,  in response,  stated that all  aspects of  the low                                                               
stock  returns  of  Chinook  Salmon  were  being  reviewed.    He                                                               
reflected that the  committee had agreed to  sponsor a resolution                                                               
to  lower the  troll by-catch  limits.   He referenced  testimony                                                               
from commercial  fishermen that the  release of  wounded by-catch                                                               
had a significant, though unintended,  mortality.  He reported on                                                               
the studies from Washington and  Oregon which indicated a need to                                                               
change  fish harvesting  operations in  order to  protect Chinook                                                               
Salmon  from  unintended  mortalities.   He  reflected  that  the                                                               
problem  was   complex  with   many  pieces,   including  species                                                               
interactions and  habitats, and that  one solution would  not fix                                                               
the problem.  He suggested that  the purpose of the proposed bill                                                               
was to address one piece of the many problems.                                                                                  
                                                                                                                                
10:27:11 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON  questioned whether the  legislature should                                                               
be involved and reduce the number of catch and release per day.                                                                 
                                                                                                                                
CHAIR  SEATON  replied  that  even   a  small  reduction  in  the                                                               
mortality  rate could  be  important,  and that  it  was an  idea                                                               
worthy of further discussion.                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON  asked  about   the  positions  of  Alaska                                                               
Department  of  Fish &  Game  (ADF&G)  and  the Alaska  Board  of                                                               
Fisheries on this legislation.                                                                                                  
                                                                                                                                
10:29:19 AM                                                                                                                   
                                                                                                                                
CHARLES  SWANTON,  Director,  Division   of  Sport  Fish,  Alaska                                                               
Department  of Fish  &  Game  (ADF&G), stated  that  ADF&G had  a                                                               
neutral  stance on  the proposed  bill.   He  announced that  the                                                               
Alaska  Board of  Fisheries, amidst  a lot  of public  input, had                                                               
dealt with similar issues in past years.                                                                                        
                                                                                                                                
10:30:16 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON asked if the  Alaska Board of Fisheries had                                                               
taken a position on any similar legislation.                                                                                    
                                                                                                                                
MR. SWANTON  replied that he did  not recall that it  had taken a                                                               
position  on  any legislation.    In  response to  Representative                                                               
Herron,  he  opined  that  the board  was  "generally  silent  or                                                               
neutral."      In   response  to   an   earlier   question   from                                                               
Representative  Herron,  he  stated  that  some  fisheries  which                                                               
potentially  had  an  issue  with   mortality,  had  options  for                                                               
restrictions,  including a  prohibition for  removal of  the fish                                                               
from the water.                                                                                                                 
                                                                                                                                
10:31:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  for a  definition to  "significant                                                               
probability."                                                                                                                   
                                                                                                                                
MR.  SWANTON  surmised  that,  as   referenced  in  the  proposed                                                               
legislation, there  would be a  discussion between ADF&G  and the                                                               
Alaska Board  of Fisheries for what  would constitute significant                                                               
probability.   He acknowledged that,  although he had  given this                                                               
significant thought, he  had not arrived at a simple  answer.  He                                                               
offered  that  significant  would   constitute  greater  than  50                                                               
percent, but, dependent on the situation,  it could be as high as                                                               
95 percent.                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHNSON asked if one  fish would be significant in                                                               
any stock of  concern.  He questioned whether this  would vary by                                                               
stream, or by management of an  area, and asked how this would be                                                               
designated.                                                                                                                     
                                                                                                                                
MR. SWANTON  acknowledged that it  would need to  be situational.                                                               
He   explained  that   the  answer   became  more   complex  when                                                               
contrasting Chinook  Salmon escapement  goals with  other species                                                               
involved.                                                                                                                       
                                                                                                                                
10:34:23 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  referred to Version  N, page  1, line 7,  and read:                                                               
"a  person may  not use  a barbed  hook when  participating in  a                                                               
freshwater fishery in  which more than one species  is present if                                                               
there is  a significant  probability of  catching a  species that                                                               
may not  be retained under a  regulation adopted by the  Board of                                                               
Fisheries."   He asked  which would  make the  determination, the                                                               
significant probability or the Alaska Board of Fisheries.                                                                       
                                                                                                                                
MR. SWANTON  agreed that this  would require a  conversation with                                                               
the Alaska Board of Fisheries.                                                                                                  
                                                                                                                                
CHAIR SEATON  clarified that the  intention of the  proposed bill                                                               
was not to  stipulate an absolute, but to allow  the Alaska Board                                                               
of Fisheries the latitude to make a determination.                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON offered  a  different interpretation  for                                                               
the language of the proposed bill.                                                                                              
                                                                                                                                
CHAIR  SEATON  expressed  his  agreement  for  the  necessity  to                                                               
clarify the intention,  as stated in Version N, page  1, lines 11                                                               
- 13.                                                                                                                           
                                                                                                                                
REPRESENTATIVE  JOHNSON  expressed  his  understanding  that  the                                                               
Alaska Board  of Fisheries would  determine the need  for action,                                                               
but he  questioned what defined  the significant  probability and                                                               
how that would be managed.                                                                                                      
                                                                                                                                
10:38:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHNSON,  noting  that commercial  fishermen  had                                                               
mentioned  significant   mortality  for  Chinook   Salmon,  asked                                                               
whether the commercial fishermen were using barbless hooks.                                                                     
                                                                                                                                
CHAIR SEATON  referenced a previous  proposal for  the commercial                                                               
fishery to use barbless hooks which had not been adopted.                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSON suggested that HB  110 could be amended to                                                               
include  barbless hooks  for  fisheries in  both  salt and  fresh                                                               
water.                                                                                                                          
                                                                                                                                
CHAIR SEATON agreed  that it was possible to expand  the bill for                                                               
recreational and commercial  fisheries, as well.   He pointed out                                                               
that  the  legislature  had  also  imposed a  58  foot  limit  on                                                               
seiners, and  that additional  legislative action  had determined                                                               
allowable types of fishing gear.                                                                                                
                                                                                                                                
10:40:02 AM                                                                                                                   
                                                                                                                                
MR.  SWANTON  added   that  in  some  high   use,  low  retention                                                               
fisheries, a  large number of  lodges and guiding  operations had                                                               
voluntarily required the use of  barbless hooks by the guides and                                                               
guests.    He  clarified  that  there was  a  low  percentage  of                                                               
difference for mortality between a  barbed and barbless hook.  He                                                               
pointed out that  the measuring for fisheries  management was not                                                               
so  refined  to discern  the  difference  between two  and  three                                                               
percent  mortality.    He  stated   that  the  department  would,                                                               
instead,  close the  fishery rather  than "shoulder  the risk  of                                                               
trying to deal with small percentages."                                                                                         
                                                                                                                                
CHAIR  SEATON stated  that, as  the  decline of  king salmon  had                                                               
become an extensive  problem for much of the  state, the question                                                               
was whether or not  to wait for more research or  to search for a                                                               
solution.   He  said  that  it would  continue  to be  difficult,                                                               
especially given  the data for  unintended mortality.   He shared                                                               
his encouragement for  the number of guides who  required the use                                                               
of  barbless hooks.   He  pointed out  that the  impetus for  the                                                               
proposed bill had come from fly fishermen on the Kenai River.                                                                   
                                                                                                                                
10:45:04 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTIS  expressed that there was  a difference for                                                               
fishing guides  using barbless hooks and  fishermen "putting food                                                               
in  the  freezer."    She   asked  for  clarification  that  this                                                               
additional  dimension  to fisheries  would  not  have any  fiscal                                                               
implication.   She declared  that she would  not fish  "for catch                                                               
and release."                                                                                                                   
                                                                                                                                
MR. SWANTON explained that ADF&G  worked with the Alaska Board of                                                               
Fisheries, and would bring it up at a statewide meeting.                                                                        
                                                                                                                                
REPRESENTATIVE  GATTIS opined  that,  as this  would add  another                                                               
duty, if  it did not  have an additional cost,  then "something's                                                               
gonna be spread thinner."                                                                                                       
                                                                                                                                
MR. SWANTON  replied that this  would depend on the  meeting time                                                               
and comprehensiveness  for the amount  of additional  work during                                                               
the regulatory  meeting.   He said that  although there  would be                                                               
more focus  on those  specific fisheries  issues, they  would not                                                               
really be "spread thinner."                                                                                                     
                                                                                                                                
10:48:54 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE GATTIS explained that  she was addressing the cost                                                               
of enforcement that should be reflected in a fiscal note.                                                                       
                                                                                                                                
MR. SWANTON deferred.                                                                                                           
                                                                                                                                
10:49:49 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  asked  to  clarify  if  this  would  require  more                                                               
enforcement with this regulation.                                                                                               
                                                                                                                                
CAPTAIN  WALDRON replied  that the  fiscal impacts  could not  be                                                               
determined  until   the  language   of  the  proposed   bill  was                                                               
completed.                                                                                                                      
                                                                                                                                
[HB 110 was held over.]                                                                                                         
                                                                                                                                
10:51:55 AM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
         HB 143-COMMERCIAL FISHING CREWMEMBER LICENSES                                                                      
                                                                                                                                
10:53:24 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
HOUSE  BILL  NO. 143,  "An  Act  relating to  crewmember  fishing                                                               
licenses."                                                                                                                      
                                                                                                                                
10:53:34 AM                                                                                                                   
                                                                                                                                
DOUGLAS DUNCAN,  Staff, Representative Paul Seaton,  Alaska State                                                               
Legislature, paraphrased from the sponsor statement, which read:                                                                
                                                                                                                                
                                                                                                                                
     HB 143  increases the cost  for a  seven-day commercial                                                                    
     fishing  crewmember license  by  $30, establishing  the                                                                    
     cost at $60.   This increase in  license cost addresses                                                                    
     the growing problem  of multiple consecutive short-term                                                                    
     license purchases.   The seven-day license  was created                                                                    
     by the Legislature as a  way for tourists to experience                                                                    
     commercial fishing  in Alaska.   These  short-term crew                                                                    
     licenses  (also  known  as  dude  licenses)  have  been                                                                    
     successful  in  their  original intent,  but  there  is                                                                    
     concern that  fishing crew members who  would otherwise                                                                    
     purchase  an  annual  license  are  instead  purchasing                                                                    
     numerous consecutive short-term licenses.                                                                                  
                                                                                                                                
     As a  trend, this decreases license  receipt revenue to                                                                    
     the  state and  impacts  the Fishermen's  Fund (a  fund                                                                    
     administered by  the Department of Labor  and Workforce                                                                    
     Development  to  assist  with   the  medical  costs  of                                                                    
     accidents    incurred    during   commercial    fishing                                                                    
     operations).   As a group, those  purchasing short-term                                                                    
     licenses  may  be  less  experienced  on  a  commercial                                                                    
     vessel, and thus more likely  to get injured, placing a                                                                    
     burden  on  the  Fishermen's Fund  without  helping  to                                                                    
     adequately pay for the program.                                                                                            
                                                                                                                                
                                                                                                                                
MR. DUNCAN stated that the  use of multiple licenses had resulted                                                               
in a revenue  loss to the Fishermen's Fund, as  39 percent of the                                                               
license fee went  to the fund.  He estimated  the loss of revenue                                                               
to the  state and the Fishermen's  Fund to be $285,000  since the                                                               
implementation of  the program  in 2005.  He reiterated  that the                                                               
proposed bill  would increase the  cost of the  seven-day license                                                               
to  $60, up  from $30,  to encourage  the purchase  of an  annual                                                               
license.   He stated  that the  current program  was not  able to                                                               
effectively  limit  the purchase  to  one  temporary license  per                                                               
person per year.                                                                                                                
                                                                                                                                
10:56:36 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  reminded  the  committee that  there  had  been  a                                                               
presentation about  this from  Alaska Department  of Fish  & Game                                                               
and Department  of Labor  & Workforce  Development.   He directed                                                               
attention to  the charts  from that  presentation.   [Included in                                                               
members' packets]                                                                                                               
                                                                                                                                
10:56:57 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON opened public testimony.                                                                                           
                                                                                                                                
10:57:05 AM                                                                                                                   
                                                                                                                                
MR. JORDAN stated  his support for HB 143,  and offered follow-up                                                               
comments on  HB 110.  Regarding  proposed HB 143, he  offered his                                                               
belief that a  problem did exist when it was  cheaper to purchase                                                               
seven-day  commercial fishing  licenses  in  succession versus  a                                                               
seasonal  license.   He suggested  that the  seven-day commercial                                                               
licenses be priced at $30.00 for residents and $100.00 for non-                                                                 
residents.    Directing  attention  to  page 1,  line  7  of  the                                                               
proposed  bill,  he pointed  out  that  the seven-day  commercial                                                               
license did  not allow  fishing with  a rod and  reel while  on a                                                               
commercial  fishing vessel.   He  expressed his  support for  the                                                               
proposed bill, with  his suggested amendment for a  change in the                                                               
price of the license.                                                                                                           
                                                                                                                                
CHAIR SEATON asked  for clarification about fishing  with rod and                                                               
reel,  and whether  the proposed  $100.00 non-resident  fee would                                                               
cover that aspect.                                                                                                              
                                                                                                                                
MR. JORDAN, in response, offered  his understanding that a seven-                                                               
day commercial  license would  not allow fishing  with a  rod and                                                               
reel  while  on  a  commercial fishing  vessel  whereas,  a  full                                                               
commercial  license would  allow use  of a  rod and  reel on  the                                                               
commercial vessel.  He expressed his support for this aspect.                                                                   
                                                                                                                                
11:02:48 AM                                                                                                                   
                                                                                                                                
JAMES  HERBERT, Commercial  Fisherman, opened  his comments  with                                                               
three questions:   what is the purpose of  the seven-day license;                                                               
who benefits  from this license;  and, what  is fair.   He stated                                                               
that  this idea  had first  been introduced  in the  Alaska State                                                               
Legislature  in  2004,  with  an  effective date  in  2005.    He                                                               
reported  that  this had  been  a  difficult financial  time  for                                                               
commercial  fishing in  Western Alaska,  and that  this idea  had                                                               
been to spur tourist interest  in commercial fishing.  He offered                                                               
his belief  that the implications  for licensing,  liability, and                                                               
insurance  associated with  this  had not  been  considered.   He                                                               
pointed  to the  data which  indicated  a rapid  increase in  the                                                               
sales of non-resident, seven-day  crew licenses, while the number                                                               
of resident  seven-day licenses  had decreased.   He  noted that,                                                               
although ADF&G did not indicate  the districts for these licenses                                                               
purchases, he conjectured  that the majority were  for the short,                                                               
intense  seasons  in Bristol  Bay  and  Cook Inlet,  as  multiple                                                               
shorter  licenses were  less expensive  than  an annual  license.                                                               
Referring  to the  attached fiscal  note,  [Included in  members'                                                               
packets]  he pointed  out  that the  projected  revenue from  the                                                               
proposed bill would  be appreciably more if it  also included the                                                               
sales  of seven-day  commercial licenses  for only  two or  three                                                               
extensions.  He offered his  support for the seven-day commercial                                                               
license  with "a  fair  allocation," for  the  benefit of  Alaska                                                               
residents,  while non-residents  should  be  fairly assessed  for                                                               
participation in commercial fishing.   Offering some guidance for                                                               
pricing, he reminded  the committee that the current  price for a                                                               
seven-day non-resident sport fishing  license was more than twice                                                               
the cost  of a resident  sport fishing  license.  He  stated that                                                               
the limit for a claim to  the Fishermen's Fund had been increased                                                               
to $10,000.   He reported that  39 percent from the  sale of each                                                               
fishing  license was  allocated  to  the fund.    He offered  his                                                               
belief  that an  increase to  the non-resident  seven-day permits                                                               
would  lead to  a decrease  in revenue,  with the  possibility of                                                               
more injuries to less experienced,  non-resident fishermen, and a                                                               
greater  burden  on  the  Fishermen's Fund.    He  expressed  his                                                               
support for the proposed bill.                                                                                                  
                                                                                                                                
11:09:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON asked  if there could be a limit  of two to                                                               
the number of consecutive licenses purchased.                                                                                   
                                                                                                                                
MR. HERBERT  offered his belief  that the points of  sale through                                                               
the large number of vendors would  make it difficult to track and                                                               
to enforce.                                                                                                                     
                                                                                                                                
11:10:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  shared that  he had  also explored                                                               
this  possibility and  had  determined that,  although  it was  a                                                               
great idea, it was "just not logistically feasible."                                                                            
                                                                                                                                
11:11:18 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON closed public testimony.                                                                                           
                                                                                                                                
11:11:50 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  moved to adopt Amendment  1, labeled 28-LS0520\A.1,                                                               
Bullard, 3/11/13, which read:                                                                                                   
                                                                                                                                
     Page 1, line 1, following "licenses":                                                                                    
                                                                                                                                
     Insert "; and providing for an effective date"                                                                           
                                                                                                                                
     Page 1, following line 10:                                                                                                 
                                                                                                                                
     Insert a new bill section to read:                                                                                         
                                                                                                                                
        "* Sec. 2. This Act takes effect January 1, 2014."                                                                  
                                                                                                                                
11:12:36 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON objected for discussion.                                                                                  
                                                                                                                                
CHAIR SEATON  reviewed the  need to  coincide the  effective date                                                               
with the publication of the ADF&G permit books.                                                                                 
                                                                                                                                
11:13:35 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON removed  his  objection.   There being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
11:13:50 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS suggested  that  the  rate of  the                                                               
commercial license remain  at $30 for residents and  be raised to                                                               
a rate  of $60.00 for non-residents.   He opined that  it was the                                                               
non-residents  who were  "gaming the  system, right  now, to  get                                                               
these  multiple   permits,  instead  of  getting   the  year-long                                                               
commercial fishing license."   He stated that this  also kept the                                                               
seven-day  price lower  than a  seasonal permit  for an  in-state                                                               
family member.                                                                                                                  
                                                                                                                                
11:15:09 AM                                                                                                                   
                                                                                                                                
KEVIN BROOKS,  Deputy Commissioner,  Office of  the Commissioner,                                                               
Alaska Department of Fish &  Game (ADF&G), in response, said that                                                               
the statutes  would need to be  reviewed, as there was  an annual                                                               
resident fee with a differential,  currently $140, for the annual                                                               
non-resident fee.   He suggested that, for fee  construct, it was                                                               
easier for  a proposed bill  to have  the same fee  for residents                                                               
and  non-residents,  as  the   specified  differential  for  non-                                                               
residents   already  existed.      He  pointed   out  that   this                                                               
differential was reviewed every  three years; therefore the price                                                               
point would also change every three  years.  He reported that the                                                               
new  annual  differential  rate  would be  $190.    He  expressed                                                               
agreement for the lower  residential seven-day commercial permit,                                                               
as  the  records indicated  that  only  17 seven-day  residential                                                               
permits were purchased for a second  period.  He pointed out that                                                               
the  cost for  two  of these  residential  seven-day permits  was                                                               
equal to the  cost for an annual license.   He suggested that the                                                               
cost for  a seven-day commercial  license for both  residents and                                                               
non-residents  be  equal  to  half  of the  cost  for  an  annual                                                               
commercial license.                                                                                                             
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS stated  his disagreement  with the                                                               
increase of  the non-resident  commercial license,  and suggested                                                               
that a  non-resident commercial license  cost equal  to one-third                                                               
of  an annual  commercial license  would be  more equitable,  and                                                               
would be "pegged to that changing price point."                                                                                 
                                                                                                                                
MR.  BROOKS stated  that analysis  had indicated  that the  price                                                               
point  could change  the  behavior  of the  buyer,  and that  the                                                               
fiscal  note  reflected  an  annual price  which  would  be  less                                                               
expensive  than buying  more than  three seven-day  permits.   He                                                               
explained that the fiscal note would  be revised if the prices in                                                               
the proposed bill were changed.                                                                                                 
                                                                                                                                
CHAIR SEATON asked if the committee  wanted to work with ADF&G to                                                               
further  investigate an  option for  the differential  in license                                                               
price between residents and non-residents.                                                                                      
                                                                                                                                
11:20:53 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GATTIS  expressed  her  agreement  with  a  price                                                               
differential between resident and  non-resident licenses, and she                                                               
commented that the seven-day licenses were not always "gamed."                                                                  
                                                                                                                                
11:21:46 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON   reviewed  the  rate   proposals  that   had  been                                                               
considered as  a result from public  comment.  He asked  ADF&G to                                                               
consider the  differential, and suggest an  appropriate rate that                                                               
would be optimally effective for a seven-day license.                                                                           
                                                                                                                                
[HB 143 was held over.]                                                                                                         
                                                                                                                                
11:23:40 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Fisheries meeting was adjourned at 11:23                                                                   
a.m.                                                                                                                            

Document Name Date/Time Subjects
HB 143 Sponsor Statement.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
HB0143A.pdf HFSH 3/12/2013 10:00:00 AM
HB 143
HB143-DFG-DAS-03-08-13.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
HB143-DOLWD-FF-3-8-13.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
Copy of 7 day crew licenses sold-Res and NonRes.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
Copy of 7-DayCrew_2005-2012_By-LicYr-Name.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
Fish Fund license permit revenue (2).pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
Juneau Empire article on 7-day crew license.pdf HFSH 3/12/2013 10:00:00 AM
HB 143
HB0110A.pdf HFSH 2/21/2013 10:00:00 AM
HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
HB 110 Sponsor Statement.pdf HFSH 2/21/2013 10:00:00 AM
HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
Barbed and Barbless Hooks and their effect on Juvenile and Adult Salmonoid Mortality.pdf HFSH 2/21/2013 10:00:00 AM
HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
Washington State News Release Barbless Hooks on Colombia River.pdf HFSH 2/21/2013 10:00:00 AM
HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
ADF&G Notice - Recommended use of Barbless Hooks Susitna River.pdf HFSH 2/21/2013 10:00:00 AM
HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
ADF&G Notice - Recommended use of Barbless Hooks Chitna, Copper, Gakona, Gulkana.pdf HFSH 2/21/2013 10:00:00 AM
HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
Mortality of coho salmon caught and released using sport tackle in the Little Susitna River, Alaska.pdf HFSH 2/21/2013 10:00:00 AM
HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
Bendock and Alexandersdottir 1993.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
Please be advised I oppose HB 110.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
PVOA_HB 110_Comments.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
Wertheimer 1988_Chinook discard mort (2).pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HB 110
HB 110 CS Work Draft Version N.pdf HFSH 3/12/2013 10:00:00 AM
HB 110
HB 110 Version N Amendments.pdf HFSH 3/12/2013 10:00:00 AM
HB 110
HB 143 Version A Amendment 1.pdf HFSH 3/12/2013 10:00:00 AM
HB 143