Legislature(2021 - 2022)GRUENBERG 120

04/20/2021 10:00 AM House FISHERIES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
10:05:02 AM Start
10:05:47 AM HB64
10:21:16 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 64 FISHERY DEVELOPMENT ASSOC.; ASSESSMENTS TELECONFERENCED
Moved CSHB 64(FSH) Out of Committee
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         April 20, 2021                                                                                         
                           10:05 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Geran Tarr, Chair                                                                                                
Representative Louise Stutes, Vice Chair                                                                                        
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Andi Story                                                                                                       
Representative Sarah Vance                                                                                                      
Representative Kevin McCabe                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Dan Ortiz                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 64                                                                                                               
"An Act relating to regional fishery development associations;                                                                  
and relating to developing fishery management assessments."                                                                     
                                                                                                                                
     - MOVED CSHB 64(FSH) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  64                                                                                                                  
SHORT TITLE: FISHERY DEVELOPMENT ASSOC.; ASSESSMENTS                                                                            
SPONSOR(s): REPRESENTATIVE(s) STUTES                                                                                            
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/15/21                                                                               
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       FSH, FIN                                                                                               
04/01/21       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/01/21       (H)       Heard & Held                                                                                           
04/01/21       (H)       MINUTE(FSH)                                                                                            
04/15/21       (H)       FSH AT 11:00 AM GRUENBERG 120                                                                          
04/15/21       (H)       -- MEETING CANCELED --                                                                                 
04/20/21       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SARA PERMAN, Staff                                                                                                              
Representative Louise Stutes                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB  64 on behalf of Representative                                                             
Stutes, prime sponsor.                                                                                                          
                                                                                                                                
FORREST BOWERS, Deputy Director                                                                                                 
Division of Commercial Fisheries                                                                                                
Alaska Department of Fish & Game                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
64.                                                                                                                             
                                                                                                                                
NICOLE REYNOLDS                                                                                                                 
Deputy Director, Tax Division                                                                                                   
Department of Revenue                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Responded to a question  during the hearing                                                             
on HB 64.                                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:05:02 AM                                                                                                                   
                                                                                                                                
CHAIR GERAN TARR called the  House Special Committee on Fisheries                                                             
meeting to order  at 10:05 a.m.   Representatives McCabe, Stutes,                                                               
Kreiss-Tomkins, Story, Vance,  and Tarr were present  at the call                                                               
to order.                                                                                                                       
                                                                                                                                
         HB 64-FISHERY DEVELOPMENT ASSOC.; ASSESSMENTS                                                                      
                                                                                                                                
10:05:47 AM                                                                                                                   
                                                                                                                                
CHAIR TARR  announced that  the only order  of business  would be                                                               
HOUSE  BILL  NO.   64  "An  Act  relating   to  regional  fishery                                                               
development  associations;  and  relating to  developing  fishery                                                               
management assessments."                                                                                                        
                                                                                                                                
CHAIR TARR  remarked that it was  the second hearing of  HB 64 in                                                               
the House Special Committee on Fisheries.                                                                                       
                                                                                                                                
10:06:28 AM                                                                                                                   
                                                                                                                                
SARA PERMAN,  Staff, Representative  Louise Stutes,  Alaska State                                                               
Legislature, on  behalf of  Representative Stutes,  prime sponsor                                                               
of HB 64, noted  that at the last hearing, she  had given a brief                                                               
introduction to HB  64, as well as a sectional  analysis, and the                                                               
committee had heard  invited and public testimony.   She said she                                                               
would  recap  the purposed  of  the  proposed legislation.    Ms.                                                               
Perman stated  that HB  64 would allow  for the  establishment of                                                               
regional fisheries development associations,  which serve to help                                                               
new  or developing  fisheries  get started.    Further, the  bill                                                               
would allow for the associations  to leverage a management tax on                                                               
fishery products in order to operate the fisheries.                                                                             
                                                                                                                                
10:08:04 AM                                                                                                                   
                                                                                                                                
CHAIR TARR, after ascertaining that  no one had questions for Ms.                                                               
Perman, said she would entertain amendments.                                                                                    
                                                                                                                                
10:08:31 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STUTES  moved to  adopt  Amendment  1 to  HB  64,                                                               
labeled 32-LS0293\B.1, Bullard, 4/14/21, which read as follows:                                                                 
                                                                                                                                
     Page 2, line 20:                                                                                                           
          Delete "shall"                                                                                                        
          Insert "may"                                                                                                          
                                                                                                                                
     Page 6, line 22, following "mailing":                                                                                      
          Insert "or electronically transmitting"                                                                               
                                                                                                                                
     Page 6, line 29, following "mail":                                                                                         
          Insert "or electronically transmit"                                                                                   
                                                                                                                                
     Page 6, line 31, following "mailed":                                                                                       
          Insert "or transmitted"                                                                                               
                                                                                                                                
     Page 7, line 1, following "mailed":                                                                                        
          Insert "or transmitted"                                                                                               
                                                                                                                                
     Page 7, line 21, following "mail":                                                                                         
          Insert "or by electronic transmission"                                                                                
                                                                                                                                
     Page 11, lines 26 - 27:                                                                                                    
          Delete "and the Department of Environmental                                                                           
     Conservation"                                                                                                              
                                                                                                                                
     Page 11, lines 28 - 30:                                                                                                    
     Delete  "The  qualified  regional  fishery  development                                                                    
     association   and  the   Department  of   Environmental                                                                    
     Conservation  shall cooperate  with  the Department  of                                                                    
     Fish  and  Game  in  the   development  of  the  annual                                                                    
     operating plan."                                                                                                           
                                                                                                                                
10:08:38 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR objected for the purpose of discussion.                                                                     
                                                                                                                                
10:08:47 AM                                                                                                                   
                                                                                                                                
MS.  PERMAN explained  that the  change under  Amendment 1,  from                                                               
"shall" to  "may", was being  proposed out  of desire not  to tie                                                               
the hands of the commissioner.   She said the part of Amendment 1                                                               
that removes  the Department of Environmental  Conservation (DEC)                                                               
is  because this  department  is not  necessary  for the  process                                                               
involved;  DEC has  to be  involved  in the  matter of  paralytic                                                               
shellfish  poisoning (PSP),  but  these fisheries  are not  doing                                                               
anything related  to PSP.   She then explained that  the language                                                               
on  page  1, lines  23,  through  page  2,  line 2  is  redundant                                                               
language, which is why Amendment 1 proposes to delete it.                                                                       
                                                                                                                                
10:12:02 AM                                                                                                                   
                                                                                                                                
CHAIR TARR, on  the last point, referred to  invasive species and                                                               
jurisdiction.   She asked, "And  so, this wasn't written  in that                                                               
way, where ... in one sentence  [the Alaska] Department of Fish &                                                               
Game has  to do this  and then the other  sentence DEC has  to do                                                               
it, so that ... both of them get that directive?"                                                                               
                                                                                                                                
MS. PERMAN replied, "That's not my understanding."                                                                              
                                                                                                                                
10:12:40 AM                                                                                                                   
                                                                                                                                
CHAIR  TARR  removed  her  objection   to  the  motion  to  adopt                                                               
Amendment  1  to  HB  64.   There  being  no  further  objection,                                                               
Amendment was adopted.                                                                                                          
                                                                                                                                
CHAIR TARR invited questions and comment on HB 64, as amended.                                                                  
                                                                                                                                
10:13:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MCCABE  expressed  concern regarding  the  fiscal                                                               
note(s)  and the  amount of  money that  would be  required.   He                                                               
read,  "It is  unknown how  many  associations will  form and  if                                                               
their  members  will   elect  to  pay  the   assessment  tax  for                                                               
management  of  the  fisheries."     He  questioned  whether  not                                                               
electing to  pay the  tax would mean  the department  would still                                                               
manage the  fishery.  He clarified  he thinks the bill  itself is                                                               
"a good idea," but said he is hung up on the fiscal notes.                                                                      
                                                                                                                                
10:13:58 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES remarked that  the fisheries would not take                                                               
place   unless  they   are  self-assessed.      In  response   to                                                               
Representative  McCabe,   she  emphasized  that  what   is  being                                                               
addressed is new, developing fisheries.                                                                                         
                                                                                                                                
10:15:35 AM                                                                                                                   
                                                                                                                                
FORREST   BOWERS,  Deputy   Director,   Division  of   Commercial                                                               
Fisheries, Alaska  Department of Fish  & Game, stated that  HB 64                                                               
is  directed at  new and  developing fisheries  where the  Alaska                                                               
Department of Fish & Game  (ADF&G) does not have adequate funding                                                               
to conduct a  stock assessment to determine  what sustained yield                                                               
harvest would  be.  He  confirmed that  a fishery would  not open                                                               
"unless  we had  the means  to determine  what a  sustained yield                                                               
harvest would  look like,"  which he said  is done  through "some                                                               
sort  of a  stock assessment  survey."   The bill  would generate                                                               
funds  from the  fishery to  manage the  fishery.   He concluded,                                                               
"So, no stock assessment, no season, no fishery."                                                                               
                                                                                                                                
10:16:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  noted there  is no  effective date                                                               
in the proposed legislation; therefore,  he asked how quickly the                                                               
proposed plan  would be a reality.   He ask whether  a regulatory                                                               
drafting process would need to occur first.                                                                                     
                                                                                                                                
MR. BOWERS  answered that he  does not  think [passage] of  HB 64                                                               
would require  any follow-up  regulatory action.   He  said ADF&G                                                               
would work from  new statutory language proposed under  HB 64 and                                                               
could "implement this" as soon as  anyone asked to form a fishery                                                               
development association.                                                                                                        
                                                                                                                                
10:18:40 AM                                                                                                                   
                                                                                                                                
NICOLE  REYNOLDS, Deputy  Director, Tax  Division, Department  of                                                               
Revenue,  in response  to the  same question  from Representative                                                               
Kreiss-Tomkins,  offered   her  understanding  that   without  an                                                               
effective  date, a  bill would  take effect  90 days  after being                                                               
signed into  law.  As  soon as  that occurred, the  Department of                                                               
Revenue (DOR) would  begin administering the tax  if the regional                                                               
association voted to assess a tax, she said.                                                                                    
                                                                                                                                
10:19:43 AM                                                                                                                   
                                                                                                                                
CHAIR  TARR  thanked  the  sponsor's  staff  and  those  who  had                                                               
responded to questions.  She said she would entertain a motion.                                                                 
                                                                                                                                
10:20:12 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS moved to  report HB 64, as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB
64(FSH)  was  reported out  of  the  House Special  Committee  on                                                               
Fisheries.                                                                                                                      
                                                                                                                                
10:20:33 AM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
10:21:16 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Fisheries meeting was adjourned at 10:21                                                                   
a.m.                                                                                                                            

Document Name Date/Time Subjects
HB 64 Sponsor Statement Version B 03.16.2021.pdf HFSH 4/1/2021 10:00:00 AM
HFSH 4/20/2021 10:00:00 AM
HB 64
HB 64 Version B 2.18.2021.PDF HFSH 4/1/2021 10:00:00 AM
HFSH 4/20/2021 10:00:00 AM
HB 64
HB 64 Sectional Analysis Version B 03.24.21.pdf HFSH 4/1/2021 10:00:00 AM
HFSH 4/20/2021 10:00:00 AM
HB 64
HB 64 Fiscal Note - DOR-TAX 3.26.21.pdf HFSH 4/1/2021 10:00:00 AM
HFSH 4/20/2021 10:00:00 AM
HB 64
HB 64 Fiscal Note - DFG-DCF 3.27.21.pdf HFSH 4/1/2021 10:00:00 AM
HFSH 4/20/2021 10:00:00 AM
HB 64
HB 64 Testimony Received by 3.31.21.pdf HFSH 4/1/2021 10:00:00 AM
HFSH 4/20/2021 10:00:00 AM
HB 64
HB 64 Amendment One - B.1 - Stutes 4.14.21.pdf HFSH 4/20/2021 10:00:00 AM
HB 64