Legislature(2019 - 2020)GRUENBERG 120

03/12/2019 11:00 AM FISHERIES

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Audio Topic
11:03:03 AM Start
11:04:10 AM HB35
11:17:26 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+= HB 35 CONFLICT OF INTEREST: BD FISHERIES/GAME TELECONFERENCED
Moved CSHB 35(FSH) Out of Committee
-- Public Testimony <Time Limit 2 Minutes> --
-- Invited Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         March 12, 2019                                                                                         
                           11:03 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Louise Stutes, Chair                                                                                             
Representative Bryce Edgmon                                                                                                     
Representative Chuck Kopp                                                                                                       
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Geran Tarr                                                                                                       
Representative Sarah Vance                                                                                                      
Representative Lance Pruitt                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 35                                                                                                               
"An Act relating to participation in matters before the Board of                                                                
Fisheries and the Board of Game by the members of the respective                                                                
boards; and providing for an effective date."                                                                                   
                                                                                                                                
     - MOVED CSHB 35(FSH) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  35                                                                                                                  
SHORT TITLE: CONFLICT OF INTEREST: BD FISHERIES/GAME                                                                            
SPONSOR(s): REPRESENTATIVE(s) STUTES                                                                                            
                                                                                                                                
02/20/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/19       (H)       FSH, RES                                                                                               
03/07/19       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
03/07/19       (H)       Heard & Held                                                                                           
03/07/19       (H)       MINUTE(FSH)                                                                                            
03/12/19       (H)       FSH AT 11:00 AM GRUENBERG 120                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MATT GRUENING, Staff                                                                                                            
Representative Louise Stutes                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   On behalf  of Representative  Stutes, prime                                                             
sponsor, provided information on HB 35.                                                                                         
                                                                                                                              
FRANCES LEACH, Executive Director                                                                                               
United Fishermen of Alaska                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in favor of HB 35.                                                                             
                                                                                                                                
JERRY MCCUNE, Board President                                                                                                   
Cordova District Fishermen United                                                                                               
Cordova, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in favor of HB 35.                                                                             
                                                                                                                                
MARK RICHARDS, Executive Director                                                                                               
Resident Hunters of Alaska                                                                                                      
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in favor of HB 35.                                                                             
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
11:03:03 AM                                                                                                                   
                                                                                                                                
CHAIR  LOUISE  STUTES  called  the  House  Special  Committee  on                                                             
Fisheries  meeting  to  order  at  11:03  a.m.    Representatives                                                               
Kreiss-Tompkins, Vance,  Pruitt, Kopp and Stutes  were present at                                                               
the call  to order.   Representatives Edgmon and Tarr  arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
         HB  35-CONFLICT OF INTEREST: BD FISHERIES/GAME                                                                     
                                                                                                                                
11:04:10 AM                                                                                                                   
                                                                                                                                
CHAIR LOUISE  STUTES announced the  only order of  business would                                                             
be  HOUSE BILL  NO.  35,  "An Act  relating  to participation  in                                                               
matters before  the Board of Fisheries  and the Board of  Game by                                                               
the  members  of the  respective  boards;  and providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
[Before  the  committee  was the  proposed  committee  substitute                                                               
(CS),  Version  31-LS0297\M,  Bullard,  3/4/19,  adopted  as  the                                                               
working document on 3/7/19.]                                                                                                    
                                                                                                                                
11:05:05 AM                                                                                                                   
                                                                                                                                
MATT GRUENING, Staff, Representative  Louise Stutes, Alaska State                                                               
Legislature, on  behalf of  Representative Stutes,  prime sponsor                                                               
of HB  35, referenced  page 4  of the  document in  the committee                                                               
packet  titled  Background  Information on  the Alaska  Boards of                                                               
Game and Fisheries Ethics Act  Process,  dated 3/6/19, and shared                                                               
statistics highlighting  how often board members  were conflicted                                                               
out of  deliberating on board  issues.   He stated that  the bill                                                               
was  a  request  from  the  user groups  to  address  a  specific                                                               
problem.  He  said there were two new letters  of support for the                                                               
bill and  that all letters regarding  HB 35 were in  support.  He                                                               
noted  that in  response  to changes  in  the proposed  committee                                                               
substitute,  the  Resident  Hunters  of Alaska  has  removed  its                                                               
letter of opposition and replaced it with a letter of support.                                                                  
                                                                                                                                
11:06:42 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES opened invited testimony.                                                                                          
                                                                                                                                
FRANCES LEACH,  Executive Director,  United Fishermen  of Alaska,                                                               
spoke as follows:                                                                                                               
                                                                                                                                
     We  represent 35  commercial fishing  organizations and                                                                    
     hundreds of fishermen  and crewmembers participating in                                                                    
     fisheries off  of Alaska's coastal  waters.   Thank you                                                                    
     for  giving  me  this  opportunity today  to  speak  on                                                                    
     behalf of HB  35.  This is an  extremely important bill                                                                    
     to United  Fishermen of  Alaska, and  one that  we have                                                                    
     supported for a  very long time.  If you  have ever had                                                                    
     the  opportunity   to  attend  a  Board   of  Fisheries                                                                    
     meeting, then  you know how  important passage  of this                                                                    
     bill  is.    Board  members  are  chosen  because  they                                                                    
     pertain certain  expertise in their region  or fishery.                                                                    
     At  this time,  when  the board  is  deliberating on  a                                                                    
     proposal, board members who have  ... that expertise on                                                                    
     a subject  are often  not permitted to  participate due                                                                    
     to conflicting out.                                                                                                        
                                                                                                                                
     Prior  to  being  the   Executive  Director  of  United                                                                    
     Fishermen, I had the pleasure  of working for the Board                                                                    
     of Fisheries  as a Department  of Fish and  Game board-                                                                    
     support staff member.   I have participated  in over 50                                                                    
     Board of  Fisheries meetings.   And I have sat  far too                                                                    
     many  times  at these  meetings  where  a board  member                                                                    
     conflicts out and  is forced to sit in the  back of the                                                                    
     room  while the  remaining board  members at  the table                                                                    
     struggle to  comprehend the  nuances of  the proposals,                                                                    
     when the board member who  holds the answer is muted in                                                                    
     the  back  of  the  room.     By  allowing  members  to                                                                    
     participate  fully  in  deliberations,  this  not  only                                                                    
     builds  a  better record  and  helps  assist the  board                                                                    
     members in  their decision,  it also  makes for  a more                                                                    
     transparent discussion  that is clearly  established on                                                                    
     the record.                                                                                                                
                                                                                                                                
     We want  to encourage  people who pertain  expertise to                                                                    
     be on the  board of fisheries and game but  as this law                                                                    
     currently  sits  people  are discouraged  from  putting                                                                    
     their  names  forward  because  they  know  they  would                                                                    
     conflict out of  many of the deliberations.   We want a                                                                    
     strong  and skilled  Board of  Fisheries  and Board  of                                                                    
     Game  and transparent  deliberations.   This bill  will                                                                    
     allow  for that.   Thank  you for  this opportunity  to                                                                    
     testify.                                                                                                                   
                                                                                                                                
11:09:14 AM                                                                                                                   
                                                                                                                                
JERRY  MCCUNE,  President,  Cordova  District  Fishermen  United,                                                               
commented  that Ms.  Leach had  done a  good job  laying out  the                                                               
issues.   He described board members  he knew and the  variety of                                                               
reasons they had  conflicted out of board meetings.   He spoke in                                                               
support of HB 35.                                                                                                               
                                                                                                                                
11:11:40 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES opened public testimony on HB 35.                                                                                  
                                                                                                                                
11:11:44 AM                                                                                                                   
                                                                                                                                
MARK  RICHARDS, Executive  Director, Resident  Hunters of  Alaska                                                               
mentioned his organization did not  have the proposed CS, Version                                                               
M,  before last  week,  which contributed  to the  organization's                                                               
original letter  of opposition.   Once his  organization received                                                               
the proposed CS, its members were happy to support the bill.                                                                    
                                                                                                                                
11:13:22 AM                                                                                                                   
                                                                                                                                
CHAIR STUTES closed public testimony on HB 35.                                                                                  
                                                                                                                                
REPRESENTATIVE PRUITT agreed  with the ability of  a board member                                                               
to share his/her  knowledge but requested that  the House Special                                                               
Committee on Fisheries intentions be  clear.  He offered that the                                                               
intent  of the  committee's discussion  regarding HB  35 was  not                                                               
that  a  board  member  could influence  a  decision  that  could                                                               
benefit himself/herself,  but that  the board  member be  able to                                                               
bring his/her  expertise to the  discussion and that is  where it                                                               
ends.                                                                                                                           
                                                                                                                                
11:15:10 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KOPP  clarified  that he  thought  Representative                                                               
Pruitt  was  referencing  undue influence  regarding  a  person's                                                               
personal benefit versus a collective  benefit that would apply to                                                               
a broader group.                                                                                                                
                                                                                                                                
REPRESENTATIVE PRUITT responded in  the affirmative and explained                                                               
that a  board member  should be able  to share  his/her knowledge                                                               
for the  benefit of a  group of people,  but not for  his/her own                                                               
personal  benefit.   He concluded  that the  bill did  not change                                                               
that aspect of current law.                                                                                                     
                                                                                                                                
11:16:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KOPP  moved to report  the proposed CS for  HB 35,                                                               
Version  35LS0297\M,  Bullard,  3/4/19,  out  of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, CSHB  35(FSH) was  reported from  the                                                               
House Special Committee on Fisheries.                                                                                           
                                                                                                                                
11:17:26 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries meeting  was adjourned  at 11:17                                                               
a.m.                                                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
CSHB 35(FSH) Work Draft ver M 03.04.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 Fiscal Note-DAS 03.01.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 Explanation of Changes Ver A to M 03.05.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 Informational Document BOF-BOG History and Process 03.06.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 Informational Document-ADF&G BOF Ethics Process Overview and Recusals 3.6.19.pdf HFSH 3/12/2019 11:00:00 AM
HRES 3/29/2019 1:00:00 PM
HB 35
HB 35 Sponsor Statement 03.05.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 Suporting Letter SEAFA 03.02.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 Supporting Letter ABSC 03.08.19.pdf HFSH 3/12/2019 11:00:00 AM
HRES 3/29/2019 1:00:00 PM
HB 35
HB 35 Supporting Letter RHAK 03.11.19.pdf HFSH 3/12/2019 11:00:00 AM
HRES 3/29/2019 1:00:00 PM
HB 35
HB 35 Supporting Letter UFA 03.06.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 Supporting Letter USAG 03.07.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 ver A 02.22.19.PDF HFSH 3/12/2019 11:00:00 AM
HB 35
HB 35 Supporting Letters (Combined) 30th Legislature 03.03.19.pdf HFSH 3/12/2019 11:00:00 AM
HB 35