Legislature(1995 - 1996)
02/07/1996 05:05 PM House FSH
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON FISHERIES
February 7, 1996
5:05 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Chairman
Representative Carl Moses, Vice Chairman
Representative Scott Ogan
Representative Kim Elton
MEMBERS ABSENT
Representative Gary Davis
COMMITTEE CALENDAR
HOUSE BILL NO. 175
"An Act relating to sport fish guides; and providing for an
effective date."
- HEARD AND HELD
HOUSE BILL NO. 118
"An Act relating to seafood marketing, to the definition of
`seafood' for purposes of the Alaska Seafood Marketing Institute,
and to an aquatic farm product marketing tax; and providing for an
effective date."
- BILL POSTPONED
PREVIOUS ACTION
BILL: HB 175
SHORT TITLE: SPORT FISH GUIDE LICENSING
SPONSOR(S): REPRESENTATIVE(S) AUSTERMAN,Ivan
JRN-DATE JRN-PG ACTION
02/10/95 303 (H) READ THE FIRST TIME - REFERRAL(S)
02/10/95 303 (H) FSH, RESOURCES, FINANCE
02/27/95 511 (H) COSPONSOR(S): IVAN
03/13/95 (H) FSH AT 05:00 PM CAPITOL 124
03/13/95 (H) MINUTE(FSH)
03/29/95 (H) FSH AT 05:00 PM CAPITOL 124
03/29/95 (H) MINUTE(FSH)
01/31/96 (H) FSH AT 05:00 PM CAPITOL 124
01/31/96 (H) MINUTE(FSH)
02/07/96 (H) FSH AT 05:00 PM CAPITOL 124
BILL: HB 118
SHORT TITLE: SEAFOOD MARKETING / AQUATIC PRODUCT TAX
SPONSOR(S): REPRESENTATIVE(S) AUSTERMAN
JRN-DATE JRN-PG ACTION
01/25/95 131 (H) READ THE FIRST TIME - REFERRAL(S)
01/25/95 131 (H) FSH, L&C, FIN
WITNESS REGISTER
AMY DAUGHERTY, Legislative Staff
to Representative Alan Austerman
Alaska State Legislature
Capitol, Room 434
Juneau, AK 99801
Telephone: (907) 465-4230
POSITION STATEMENT: Explained changes in CSHB 175, version K.
ERIC STIRRUP, Owner
Kodiak Western Charter
P. O. Box 4123
Kodiak, AK 99615
Telephone: (907)486-2200
POSITION STATEMENT: Has concerns with CSHB 175, version K.
BARBARA BINGHAM
P. O. Box 6112
Sitka, AK 99835
Telephone: (907) 747-8883
POSITION STATEMENT: Wanted further clarification on CSHB 175.K.
THERESA WEISER
P. O. Box 2300
Sitka, AK 99835
Telephone: (07) 747-5777
POSITION STATEMENT: Has concerns with CSHB 175.K as written.
KEN LARSON
Sanity Charters
1071 Elizabeth Street
North Pole, AK 99705
Telephone: (907) 488-2960
POSITION STATEMENT: Wanted further clarification on CSHB 175.K.
DENNIS PETRIE
5901 Boondox Drive
Salcha, AK 99714
Telephone: (907) 488-4589
POSITION STATEMENT: Asked for further clarification on CSHB 175.K.
KEVIN DELANEY, Director
Division of Sport Fish
Department of Fish and Game
333 Raspberry Road
Anchorage, AK 99518-1579
Telephone: (907) 267-2218
POSITION STATEMENT: Clarified & made recommendations to CSHB 175.K.
MIKE KRAMER
P. O. Box 73196
Fairbanks, AK 99707
Telephone: (907) 479-0860
POSITION STATEMENT: Has concerns with CSHB 175.K.
KEN AULT, Owner
Northern Alaska Fisheries
P. O. Box 10104
Fairbanks, AK 99810
Telephone: (907) 457-4124
POSITION STATEMENT: Has concerns with CSHB 175.K.
DENNIS KETCHUM, Charter Operator
2343 Second Avenue
Ketchikan, AK 99901
Telephone: (907) 225-4232
POSITION STATEMENT: Wanted further clarification on CSHB 175.K.
BARRY BRACKEN
Kaleidoscope Cruises
P. O. Box 1201
Petersburg, AK 99833
Telephone: (907) 772-3736
POSITION STATEMENT: Testified in support of CSHB 175.K.
BUD HODSON, Chair
Sport Fishing Guide/Charter
Task Force
4852 Hunter Drive
Anchorage, AK 99502
Telephone: (907) 243-8450
POSITION STATEMENT: Clarified & made recommendations to CSHB 175.K.
PATRICK BOOKEY
Luck of the Irish Charters
P. O. Box 55194
North Pole, AK 99705
Telephone: (907) 488-9890
POSITION STATEMENT: Opposed to CSHB 175.K as written.
ACTION NARRATIVE
TAPE 96-5, SIDE A
Number 000
CHAIRMAN ALAN AUSTERMAN called the House Special Committee on
Fisheries meeting to order at 5:05 p.m. Members present at the
call to order were Representatives Austerman, Moses, Elton and
Ogan. Representative Gary Davis was absent.
HB 175 - SPORT FISH GUIDE LICENSE
CHAIRMAN AUSTERMAN said that following the House Special Committee
on Fisheries meeting of January 31, 1996, his office prepared a
draft committee substitute, version "K," based on recommendations
from that hearing. That committee substitute has been forwarded to
all Legislative Information offices and the committee would hear
testimony on the proposed amendments.
Number 061
REPRESENTATIVE KIM ELTON moved that CS HB 175 "K" be adopted as the
working document. Hearing no objection, it was so ordered.
Number 102
AMY DAUGHERTY, Legislative Staff to Representative Alan Austerman,
said version "K" incorporates several changes:
(1) A `transporter' license is now included in the bill language
for those who provide only transportation services to sport or
personal use fishermen. If the Department of Fish and Game should
choose, information derived from this sector could help portray the
entire industry.
(2) In this draft, the Department of Fish and Game is the only
agency from which a sport fish guide license or operators or
transporters license will be issued. There are pros and cons of
consolidating the guide licensing effort which the sponsor wanted
brought forward in discussion today. This may minimize
coordination problems and provide for the one license proposal for
the owner-operator guide.
(3) All reference to subsistence has been omitted due to feedback
from the Native community.
(4) U. S. Citizenship was reestablished as a requirement to guide
license.
(5) Exception to definitions were removed as per George Utermohle,
Legislative Legal, memorandum dated January 29, 1996.
MS. DAUGHERTY said some definitions may need further expansion
because the exceptions were removed, there may be loopholes and the
chairman wants feedback on that as well.
MS. DAUGHERTY said there were nine amendments to HB 175, some
drafted by legislative legal and some drafted by staff. These
amendments have been transmitted to all Legislative Information
offices.
Number 290
REPRESENTATIVE SCOTT OGAN asked for more clarification on the
"transporter" license.
CHAIRMAN AUSTERMAN said the "transporter license" begins on page 5,
line ten. He said the fly-in industry has a large impact on the
fisheries as well as the charter boat operations. He said this was
included for discussion purposes and for possible inclusion in the
bill. It is basically patterned after the big game statutes.
Number 488
REPRESENTATIVE OGAN said, of the transporters who are licensed
under the Division of Occupational Licensing to transport for big
game, the hunters currently have to have a transporter's license
and are issued a sticker for the airplane. He asked if this
"transporter license" would be in addition to the big game license.
CHAIRMAN AUSTERMAN said his intent is to have fisheries and game on
the same transporter license form. He said it is a matter of
establishing a reporting system.
Number 580
REPRESENTATIVE OGAN discussed with the chairman the committee's
goal of consolidating licensing under just the Department of Fish
and Game.
Number 734
CHAIRMAN AUSTERMAN brought forward the additional amendments and
addressed amendment K.1:
Page 4, lines 23 - 24. Delete all material and insert: "3) a
driver's license or similar identification card issued by a state
of federal agency that bears a photograph of the fishing guide."
CHAIRMAN AUSTERMAN said his office has received input regarding the
amendment that the stipulation is probably more than what is
required. He said the committee is recommending that it be deleted
and renumbered accordingly.
Number 798
REPRESENTATIVE ELTON clarified that it was the chairman's intent on
page 4, lines 23 - 24, to delete all material and insert the
amendment. Representative Elton moved that amendment K.1 be
adopted.
Number 830
REPRESENTATIVE OGAN asked for further discussion on the amendment.
CHAIRMAN AUSTERMAN said the amendment cleans up the statute.
Hearing no objection, amendment K.1 was adopted.
Number 884
CHAIRMAN AUSTERMAN brought forth amendment K.2:
Page 4, line 17, after "fishing," Insert "from a vessel"
Page 6, line 19, delete "accompanying and."
Number 929
REPRESENTATIVE ELTON moved to adopt amendment K.2, but first asked
clarification of the language on page 6, line 19.
MS. DAUGHERTY said the intent was to remove the requirement that
the guide had to be physically present at all times.
Number 1080
REPRESENTATIVE OGAN clarified that the language meant the guide had
to be present with a sport or personal use fisherman while fishing
from a vessel. But on land, the sport fisherman could meander off
and do his own fishing.
1148
CHAIRMAN AUSTERMAN said hearing no objection, amendment K.2 was
adopted. He brought forward amendment number three.
Page 4, line 1, after `issued", insert "if required"
The chairman elaborated that this amendment pertains to a situation
of guiding on the river, or raft fishing or in a canoe; a guide is
not required to have a Coast Guard license.
Number 1200
REPRESENTATIVE ELTON asked, what about a guide who is flying to the
lake; lands on the lake, provides the service and leaves?
CHAIRMAN AUSTERMAN said the Coast Guard does not require a six-pack
license at present. He said there are requirements under 14 C.F.R.
Part 135 that cover aircraft and would come under the transporter
license.
Number 1260
REPRESENTATIVE OGAN cited AS 16.40.360 and theorized that a guide
was discovered without a transporter license or an identification
card. Is this an offense that is administratively disciplined or
is it a public safety violation?
Number 1374
REPRESENTATIVE OGAN discussed the role of the Department of
Commerce and Economic Development and the Department of Natural
Resources concerning possibilities of enforcement regulations.
CHAIRMAN AUSTERMAN said budget restraints are a big factor.
Number 1451
CHAIRMAN AUSTERMAN referred to page 6, line 5 (c) A person who
violates AS 16.40.350 - 16.40.90 or a regulation adopted under AS
16.40.350 - 16.40.390 is guilty of a class A misdemeanor.
Number 1501
CHAIRMAN AUSTERMAN discussed the second part of amendment number
three. Page 4, line 30. after "licensure", insert "if required,".
Number 1525
REPRESENTATIVE ELTON moved to adopt amendment number three.
Hearing no objections, it was so ordered.
Number 1540
CHAIRMAN AUSTERMAN said amendment number four was basically a
housekeeping measure to clean up a typographical error:
Page 2, line 18, after "shall", insert ", in addition to the
penalty imposed by law,"
Number 1591
REPRESENTATIVE ELTON moved to adopt amendment number four. Hearing
no objections, it was so ordered.
Number 1615
REPRESENTATIVE OGAN asked if this amendment was "double jeopardy?'
It was not.
Number 1659
CHAIRMAN AUSTERMAN brought amendment number five to the table:
Page 4, delete lines 4 and 5 and renumber accordingly.
Number 1697
CHAIRMAN AUSTERMAN said there was concern that the present language
stipulated that an individual had to be an employee of a licensed
fishing service operator to obtain a guide license. This amendment
eliminates having to provide proof to obtain a guide license, such
as a commercial fishermen who gets a commercial license and then
goes out on whatever boat he wants to go on.
Number 1779
REPRESENTATIVE ELTON moved amendment number five. Hearing no
objection, it was so ordered.
CHAIRMAN AUSTERMAN brought amendment number six to the table and
explained that the language change meant that the Alaska Marine
Highway system will be covered as well.
Page 6, line 11, delete "road", insert "highway as defined under AS
19.45.001 (9)"
Number 1817
REPRESENTATIVE ELTON moved to adopt amendment number six for the
purpose of discussion. He wanted further clarification about the
intent of the language change, "not reasonably accessible by foot
from the state highway system."
CHAIRMAN AUSTERMAN responded that the language was intended for
areas like Pelican and Elfin Cove. Hearing no objection, it was so
ordered.
Number 1920
CHAIRMAN AUSTERMAN requested that witnesses on the teleconference
network keep their testimony to the draft committee substitute,
version K, and the nine amendments just adopted.
Number 1954
REPRESENTATIVE OGAN referred to the second part of amendment number
two: Page 6, line 19, delete "accompanying and." He felt this
action could be a major point of contention between a transporter
and a guide. He said it could keep people from getting their guide
license unless they fished from their boat.
Number 2070
CHAIRMAN AUSTERMAN responded to Representative Ogan that CSHB 175
is a working document and is not expected to move from committee at
this meeting. He expressed his willingness to improve the bill and
appreciated language changes to do that. He reiterated his intent
in sponsoring HB 175 is to set up a reporting system on the number
of fish that are being caught so the state has a grasp on what the
sport industry is doing.
Number 2100
ERIC STIRRUP testified from Kodiak stating that he takes exception
to having to acquire three different licenses. He expressed
concern with the lack of enforcement concerning the transporter
issues. He recommended the deletion of line 16, page 4, (d) A
fishing guide shall be physically present while a client is engaged
in sport or personal use fishing. He said this is not the big game
guiding industry, it is not a public safety issue bill and asked
clarification of the language "physically present." He also
recommended the deletion of amendment number six saying, nobody is
going to step off the state ferry and go fishing in salt water.
CHAIRMAN AUSTERMAN asked Mr. Stirrup to look at amendment K.2 on
page 6, line 19. He said the deletion of "accompanying and" might
take care of one concern.
Number 2293
MR. STIRRUP felt that parts of the draft are unnecessary. There is
a certain amount of self responsibility here. He encouraged the
committee to keep the bill simple.
Number 2339
BARBARA BINGHAM testified from Sitka asking for more information on
the transporter license. She said she has both an operator and a
guide license for recreational purposes. She provides a drop-off
service to park service cabins and hiking, to persons who may or
may not fish, and wanted to know if she needs a transporter license
as well.
MS. BINGHAM wanted further clarification on page 4, line 16 about
the guide being physically present from vessels. She wanted to
know how the language affects "mother ships." For example, a sport
fisherman who leaves a vessel and casually drops a line off the
pier.
Number 2405
CHAIRMAN AUSTERMAN said his intention with the transporter license
is primarily directed toward people who are transporting and not
guiding. If you have an operators license, you do not necessarily
need a transporter license. He said the committee had not
addressed the "mother ship" concept in HB 175.
MS. BINGHAM quoted "a fishing guide shall be physically present
while the client is engaged in sport or personal use fishing" from
a vessel. She said she had worked on a boat where sport fishermen
were allowed to fish by themselves from a skiff without the
operator's presence. She said it sounds like this bill eliminates
that or makes it illegal.
CHAIRMAN AUSTERMAN said Ms. Bingham was correct that the committee
had not addressed the mother ship concept. He said the committee
would discuss it and try to fix it.
MS. BINGHAM said there are two things she likes about HB 175. It
eliminates the number of speculators, and it separates guides and
guiding from the commercial fishing industry.
Number 2480
THERESA WEISER testified from Sitka referencing page 2, lines 12-14
and lines 18 and 19, and said she had concerns with the way the
language is drafted.
CHANGE TAPE
TAPE 96-5, SIDE B
Number 000
MS. WEISER said she would hate to see somebody have their business
seriously impacted by the loss of their license for an innocent
mistake when they had no intention of breaking the law.
She reference page 3, line 18, the annual minimum coverage of
$300,000, saying that amount is not very much when considering what
is taking place in legal circles today.
She said she questioned the transporter license issue. It is
redundant and maybe it needs to be more clearly clarified.
Number 073
KEN LARSON testified from Anchorage and clarified that a fishing
service who has an operator and a fishing guide license, that
service is also covered for transporting people who are fishing off
of the boat and that a transporter license is not required beyond
that.
Number 103
DENNIS PETRIE testified from Fairbanks questioning that he, as an
owner and operator, would need a fishing service operators license
and a fishing guide license.
CHAIRMAN AUSTERMAN replied that if you are an operator, you need
that license and not the guide license.
MR. PETRIE figuratively asked if he had a booking service, would he
need a fishing service operator license to book other charter
boats?
CHAIRMAN AUSTERMAN responded that was correct, if the operation
included guiding fishermen.
Number 170
MIKE KRAMER testified from Fairbanks discussing the committee's
intent to push this bill through. He referenced the original
version of HB 175 and presented a revenue strategy for raising
revenues. He said nonresident sports fish guide licenses are about
$600.00 and a resident sport fish license costs about $200.00 with
basically no restrictions on who is eligible. He stated that
there should be a legal opinion on the disparity between resident
and nonresident licenses. The license fee should be uniform.
MR. KRAMER referenced amendment number three regarding the Coast
Guard license. He said there are areas of the Interior that the
Coast Guard has absolutely no jurisdiction on or concern with what
license an operator has.
MR. KRAMER talked about a $300,000 insurance minimum for operating
on wild and scenic rivers and the implications of keeping the small
time operators down and keeping new operators out of the business.
MR. KRAMER mentioned an earlier comment about distinguishing
between sport fish guides and the commercial fisheries division, he
said he does not see how HB 175 is going to do that. He said he is
curious to hear from Chairman Austerman whether HB 175 will
separate us from the Commercial Fisheries Entry Commission. If the
bill passes will we still be required to sign up with the entry
commission and get our triangles for $35.00 for river boats or
rafts. He implied that the Department of Fish and Game had as much
data as it can assimilate and the biologists are not interested in
reporting grayling in a stream.
MR. KRAMER expressed another concern regarding guides not being
able to contract with clients. He said this has a potential for
abuse and cannot see why a guide who meets someone on a riverbank
and agrees to take them fishing needs an operators license.
Number 411
KEN AULT testified from Fairbanks questioning why the Department of
Fish and Game allowed the registration system to work. He stated
that last year was the first year of this system and he felt that
the department should work with this system and it might possibly
provide the information that they need.
MR. AULT referred to the Coast Guard licenses that would be
required for rafts or small rentals and wondered how that figures
into the licensing scheme.
MR. AULT recommended that the entire bill be scrapped. He felt the
added cost in time and money to the guide and the added cost to the
state of Alaska, in increased bureaucracy, will not outweighed by
any of the proposed benefits.
Number 462
DENNIS KETCHUM testified from Ketchikan and wanted further
clarification that an owner/operator would only have to hold the
operators license and referred to page 3, line 25 (d). He said the
intent of that language is confusing.
CHAIRMAN AUSTERMAN replied that Mr. Ketchum is correct and it is
the committee's intent to remove it from the draft committee
substitute.
MR. KETCHUM cited Alaska Administrative Code, 5 ACC 46.55 regarding
Southeast Alaska management plans. Under section (g), the
commissioner may adopt regulations that establish a mandatory law
program for operator and charter vessels for outfitters or
proponents of (indisc.). He said the code should be broadened to
cover all species.
Number 551
MR. KETCHUM wondered how many operators in Southeast have to be
registered. He said he had a 10 page copy of all the owners and
operators in Southeast with all pertinent data. He inferred that
the Department of Fish and Game will have to hire more people to
file the information required by this bill.
MR. KETCHUM cited 5 AAC 46.55 and talked about enforcement issues
for possible misdemeanors.
Number 642
CHAIRMAN AUSTERMAN requested that Mr. Ketchum forward the statutes
he cited from the Alaska King Salmon Management Plan.
Number 670
BARRY BRACKEN testified from Petersburg and thanked the House
Special Committee on Fisheries for sticking with this project. He
said the revised draft is closer to what he envisions as a fair and
equitable license program for the sports charter industry.
MR. BRACKEN asked clarification that licensing under the Department
of Commerce and Economic Development are dropped and all licenses
will be issued by the Department of Fish and Game. He said he
supports that approach, but suggested the committee consider some
intent language to make sure that, at least, some of the licensing
fees are dedicated to the Division of Sports Fish to cover the cost
of monitoring this program and collecting the information that we
all feel is important to make this worthwhile.
MR. BRACKEN felt the addition of the transporter license closes a
large loop-hole, but it also creates some confusion. He suggested
retaining a "service operator license" separate from the sports
fish guide license in order to track the individuals who are just
service operators and those who are also sport fish guides.
MR. BRACKEN also expressed some concern with the 1996 registration
form and said he saw no reference to the registration form in the
revised bill. He felt the form could be modified to provide more
meaningful information. He said the 1996 form has no designated
place for the Alaska Business License or a place to indicate
whether you are a service operator or a guide or both. It also
does not require a Coast Guard license number either.
Number 839
CHAIRMAN AUSTERMAN said it was not the committee's intent to create
more paperwork and suggested that the ADF&G methodology of handing
out licenses could be refigured as a way of keeping track.
Number 853
BUD HODSON, Chair, Sport Fishing Guide/Charter Task Force referred
to amendment K.2, page 6, line 19. Delete "accompanying and." He
felt the definition of the word "accompanying" should remain in the
definition of a fishing guide. He said the confusion is on page 4,
line 16 (d). He explained that the intent of that line came from
task force actions when they dropped the age requirement and said
that assistants and deck hands do not need to have a license as
long as they are in the direct presence of a fishing guide.
MR. HODSON reemphasized that the words "accompanying and" remain in
the definition of a fishing guide.
MR. HODSON further stressed the importance of the inclusion of
"outfitting" and referred to page 7, line 6. He said by including
the terminology of "outfitting" you encompass all those people who
provide services such as setting up camp, accommodating people, and
running them around in a vessel.
MR. HODSON referenced earlier discussion on the "road system" and
said in the committee substitute the term, "in the field" is also
used in the definition of transportation.
Number 1035
MR. HODSON said some thought needs to be given to whether the
committee wants Kodiak and all of the coast communities serviced by
the ferry system now, not be in the field because of the outfitting
possibilities. He suggested that further thought should also be
given to what the "road system" language really means and how it
ties into the bill.
MR. HODSON felt the last thing the committee wanted to do was to
pass a statute that licenses fishing guides, but leaves a huge gap
where some operators do not have to get a license because they may
not be "in the field" by definition.
Number 1088
MR. HODSON said there is a transporters licensing requirement
currently in statute. It is for big game hunting guides and it
seems logical that that intent apply to this and two different
categories of transporters are not created.
MR. HODSON clarified that sport fishing lodges, or fly-out lodges,
are not required by the FAA to have a C.F.R. Part 135 certificate.
He said they operate under a "Part 91" and can not get a
transporters license without a C.F.R. 135 certificate, but they
could easily become a sport fishing services operator.
MR. HODSON commented about the penalties and violations on line 18,
page 2. He said does not know of commercial fisheries or any other
industry where there are two strikes and you are out, especially
for two unintentional strikes. He suggested that the committee
look at a fine system or identify that there has to be a major type
of violation before you pull these licenses and do not allow them
to operate. He said these violations are harsh and the industry
will be extremely vocal about it.
Number 1200
CHAIRMAN AUSTERMAN referred to Mr. Hodson's testimony about sport
fish lodges operating under a C.F.R. Part 91.
MR. HODSON said Part 91 refers to general aviation. Part 135 is
for commercial operators, such as Wings of Alaska.
Number 1290
KEVIN DELANEY. Director, Division of Sport Fish, Department of Fish
and Game addressed Mr. Ketchum's testimony regarding the Alaska
King Salmon Management Plans where the commissioner can adopt a
requirement for guides to keep a log book. If the Department were
to pursue the reporting system in that manner, it would require the
Board of Fisheries to go through a fishery-by-fishery basis or a
region-by-region basis. He said one of the strengths of this plan
is that you go statewide all at one time. He said Mr. Ketchum was
correct in that the department does have the power to adopt those
regulations.
Number 1380
PATRICK BOOKEY said he wanted to testify in opposition to the
language on page 2, lines 16-18, "upon subsequent convictions."
He said the state currently has an uneven distribution of
enforcement personnel and this procedure will apply only to a
limited number of people and put an unfair burden on the areas
where there is enforcement. He recommended that the committee
further research this area and either remove it or rewrite it.
MR. BOOKEY referenced page 7, line 6 concerning "outfitting." He
said nowhere else in the bill is outfitting mentioned and asked if
the intent was to pick up the bare boned lodge operators or whoever
buys the equipment for fishermen.
REPRESENTATIVE ELTON referred to page 2, lines 27 and 28 which
makes some of the information that is collected under this bill
proprietary. He referred to the provisions of 16.40.36 (f) and
said he can see why some of that information is proprietary, and
said he is not sure if it is in the best interests of individual
guides or operators to indicate how many fish they caught and where
they caught them. He expressed concern that this exclusion may
preclude the department from totalling up the number of fish and
the number of guides and then saying this is the number of guides
and the number of fish that were caught.
REPRESENTATIVE ELTON commented that the information the language is
keeping proprietary includes just the penalty section of the
definition section. He said he would check this issue before the
next hearing on HB 175. He said this would also keep license
information proprietary.
Number 1667
MR. DELANEY referred to page 5, line 1 (f) and said one concern of
the Department of Fish and Game is the obligation to collect
information on the number of salmon, halibut and other fish taken,
in all cases, at all times. He said at certain times, it would not
be useful or cost effective to collect this information.
Number 1750
MR. DELANEY recommended the committee change the word "shall" to
"may" on page 5, line 1 (f).
CHAIRMAN AUSTERMAN responded that the original intent of the bill
was for the Department of Fish and Game to collect the information.
He asked Mr. Delaney if the words "and other fish" were deleted,
would that simplify his concern.
MR. DELANEY responded that would help.
CHAIRMAN AUSTERMAN recommended the inclusion of the words "as
needed" after "and other fish."
MR. DELANEY said that language was grasping the point. He stated
that he would not want to be in a situation where it is neither
cost effective or necessary. He said the department would be happy
to work with the committee on that issue.
REPRESENTATIVE ELTON suggested a possible solution is to change the
language to "shall collect salmon and halibut" and "may collect, at
the department's discretion, on other species."
Number 1945
CHAIRMAN AUSTERMAN said the committee would take all the testimony
and recommendations into consideration. He announced that all
Legislative Information offices would receive a copy of the new
committee substitute prior to the next hearing on CSHB 175.
ADJOURNMENT
There being no further business to come before the House Special
Committee on Fisheries, Chairman Austerman adjourned the meeting at
6:33 p.m.
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