Legislature(1997 - 1998)
02/26/1997 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 26, 1997
5:05 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Chairman
Representative Ivan Ivan
Representative Scott Ogan
Representative Mark Hodgins
Representative Gene Kubina
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 19
"An Act relating to licensing of sport fishing services operators
and fishing guides; and providing for an effective date."
- MOVED CSHB 19(FSH) OUT OF COMMITTEE
*HOUSE BILL NO. 141
"An Act relating to a vessel permit moratorium for the Alaska
weathervane scallop fishery; relating to management of the scallop
fisheries; and providing for an effective date."
- MOVED CSHB 141(FSH) OUT OF COMMITTEE
(* First public hearing)
PREVIOUS ACTION
BILL: HB 19
SHORT TITLE: SPORT FISHING GUIDES
SPONSOR(S): REPRESENTATIVE(S) AUSTERMAN, Ivan
JRN-DATE JRN-PG ACTION
01/13/97 32 (H) PREFILE RELEASED 1/3/97
01/13/97 32 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 32 (H) FSH, RESOURCES, FINANCE
02/03/97 (H) FSH AT 5:00 PM CAPITOL 124
02/03/97 (H) MINUTE(FSH)
02/19/97 (H) FSH AT 5:00 PM CAPITOL 124
02/19/97 (H) MINUTE(FSH)
02/19/97 (H) MINUTE(FSH)
BILL: HB 141
SHORT TITLE: SCALLOP FISHERY/VESSEL MORATORIUM
SPONSOR(S): REPRESENTATIVE(S) AUSTERMAN
JRN-DATE JRN-PG ACTION
02/17/97 374 (H) READ THE FIRST TIME - REFERRAL(S)
02/17/97 374 (H) FSH, RESOURCES
02/26/97 (H) FSH AT 5:00 PM CAPITOL 124
WITNESS REGISTER
AMY DAUGHERTY, Legislative Administrative Assistant
to Representative Alan Austerman
Alaska State Legislature
Capitol Building, Room 434
Juneau, Alaska 99801
Telephone: (907) 465-4230
POSITION STATEMENT: Read sponsor statement to HB 141.
EARL KRYGIER, Extended Jurisdiction Program Manager
Division of Commercial Fisheries Management and Development
Department of Fish and Game
P.O. Box 25526
Juneau, Alaska 99802
Telephone: (907) 465-6112
POSITION STATEMENT: Testified in support of CSHB 141.
MARK KANDIANIS, Scallop Fisherman
F/V Provider
326 Center Avenue, Suite 205
Kodiak, Alaska 99615
Telephone: (907) 486-3309
POSITION STATEMENT: Testified on CSHB 141.
ACTION NARRATIVE
TAPE 97-7, SIDE A
Number 001
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, Ivan, Ogan and
Hodgins. Representative Kubina arrived at 5:10 p.m.
HB 19 - SPORT FISHING GUIDES
Number 022
CHAIRMAN AUSTERMAN announced that the first order of business is
HOUSE BILL NO. 19 "An Act relating to licensing of sport fishing
services operators and fishing guides; and providing for an
effective date." He stated that there would be no public testimony
on HB 19. He stated that he would like to introduce a committee
substitute for HB 19, P Version, 2/24/97.
Number 099
REPRESENTATIVE SCOTT OGAN made a motion to adopt CSHB 19(FSH), O-
LSO140\, P Version, Utermohle, 2/24/97.
Number 119
CHAIRMAN AUSTERMAN asked if there were any objections. Hearing
none, CSHB 19(FSH), was adopted.
Number 130
CHAIRMAN AUSTERMAN stated that the first change is on page 3, line
15. He stated that they added back in "the safety of clients of
the industry, or the protection of the integrity of the industry."
He stated this is relating to the Board of Fisheries and their
powers. He stated that the next change is on page 5, to be
consistent with the change on page 3. He stated that the next
change is in the definition of 'field', which was in the bill
because it related to what was done with outfitting. It has been
taken out, as a separate item and placed on page 8, line 3. He
stated that there has been no change of the definition, it just has
been placed under the outfitting section of the bill, so there is
no confusion that it meant anything else. He stated that page 9,
line 14, says that this act takes effect immediately. He said,
"For the department to be able to respond on an immediate basis
with this act, they couldn't do it, and it would have created a
problem with us, with the fees and stuff that we were going to be
collecting and the amount of licenses and how long it would take to
get it." As a result there is a Transition Section that starts on
page 8, so that the department will have 2 months to transition
into it.
Number 515
REPRESENTATIVE GENE KUBINA asked if the insurance was changed.
Number 544
CHAIRMAN AUSTERMAN replied that it hasn't been changed but he has
had a discussion with Representative Ogan, chairman of the House
Resources Standing Committee, which is the next committee of
referral, Representative Ogan has agreed to take a strong look at
that and make a determination on whether it should come out or not.
He stated that the original concept of the bill was to set up a
mechanism for charter boat operators to register with the state and
report their catch. Over the last three years that has developed
into everything from having transporters to aircraft charter
services and now it is back to a simplified bill, that gives the
Board of Fisheries the authority to do everything that they need to
do to regulate the industry. He stated that the less that is put
into statute the more we allow the Board of Fisheries to implement
the regulations. He stated that he will not oppose taking out the
insurance aspect, if that is what the House Resources Standing
Committee wants to do.
Number 640
REPRESENTATIVE MARK HODGINS asked if there are other areas, besides
the insurance portion, that the House Resources Standing Committee,
has been asked to look at.
Number 650
CHAIRMAN AUSTERMAN replied that as far as he knows it is just the
insurance portion.
Number 664
REPRESENTATIVE IVAN IVAN stated that there has been considerable
review of the bill by affected agencies and with that he felt
comfortable that the issue of insurance can be addressed at the
next committee of referral.
Number 712
REPRESENTATIVE IVAN made a motion to move CSHB 19(FSH), 0-LSO140\,
P Version, Utermohle, 2/24/97, with individual recommendations and
the attached fiscal note.
Number 724
CHAIRMAN AUSTERMAN asked if there were any objections. Hearing
none, CSHB 19(FSH) moved out of the House Special Committee on
Fisheries.
HB 141 - SCALLOP FISHERY/VESSEL MORATORIUM
Number 751
CHAIRMAN AUSTERMAN stated that the next order of business is HOUSE
BILL NO. 141 "An Act relating to a vessel permit moratorium for the
Alaska weathervane scallop fishery; relating to management of the
scallop fisheries; and providing for an effective date." He stated
that he is the prime sponsor of the bill and Amy Daugherty,
Legislative Administrative Assistant, will present the bill.
Number 761
AMY DAUGHERTY, Legislative Administrative Assistant to
Representative Alan Austerman, read the sponsor statement into the
record:
"We have introduced HB 141 to implement a moratorium within the
state waters off Alaska similar to the moratorium being implemented
by the North Pacific Fisheries Management Council affecting the
federal waters off Alaska. Without a moratorium implemented in
state waters, it's probable that there would be an increase in
effort on the state water scallop stocks, as well as on the
associated marine habitat, and create an unmanageable fishery.
"World wide scallops have proven to be susceptible to over fishing
and boom/bust cycles. Scallops are long lived shellfish. The
large scallop meats which bring premium prices come from scallops
eight years or older.
"The Alaska scallop fishery stated in 1968. Nineteen East Coast
scallop vessels came to Alaska and took 1.7 million pounds of
scallop meats. The fishery continued at a harvest level of 1.3
million pounds of meats annually until 1973. Catches dropped off
sharply after 1973 and fishing ceased in 1978 when scallop beds
were depleted. This boom and bust cycle was repeated in the 1980's
and appeared to be repeating for a third time in the 1990's until
the state developed a fishery management plan for scallops in 1993.
All scallop fishing was stopped in February 1995 in order to
prevent Mr. Big, from fishing in unregulated federal waters. The
fishery reopened in late 1996 under a federal management plan.
"At present weather vane scallops are managed jointly by the
federal government and the state of Alaska. There is a federal
fishery management plan to delegate management authority of
scallops to the state 'in process' but has not been finalized. The
management plan includes mandatory 100 percent observer coverage,
caps on the amount of crab bycatch which can be taken and area
specific quotas. Under new language in the Magnuson-Stevens
Fisheries Conservation and Management Act, the state of Alaska
could exercise management authority out to 200 miles under
delegated authority.
"It is also in the state of Alaska's best interest that both the
state and federal water scallop fisheries have similar management
plans and be managed by the state of Alaska. Our goal is
delegation of management authority by the U.S. Department of
Commerce to the state of Alaska with a more restricted moratorium
base. It should be noted that the North Pacific Fishery Management
Council's Environmental Assessment and Regulatory Impact Review
found that four vessels, 'and that is highlighted in your backup
under one of the amendments,' could efficiently harvest the Alaska
scallop quotas.
"Within this legislation, you've separated out the weathervane
scallop fishery conducted in Area H, in Cook Inlet. The Area H
scallop fishery is unique in that it is managed as entirely
separate fishery, it has different gear specifications, and has
more recently been developed.
"This bill is needed to ensure careful conservation of the scallop
stocks, as well as the marine habitat in which the scallops live,
and to ensure that the bycatch of other marine animals, such as
crabs, are properly controlled and managed. It is imperative to
implement a moratorium on new entrants into the weathervane scallop
fishery now."
Number 1019
CHAIRMAN AUSTERMAN stated that it would be appropriate to adopt the
committee substitute as a working draft.
Number 1026
REPRESENTATIVE KUBINA made a motion to adopt CSHB 141(FSH), O-
LSO112\, R Version, Utermohle, 2/21/97.
Number 1030
CHAIRMAN AUSTERMAN asked if there were any objections, hearing none
CSHB 19(FSH), R Version was adopted.
Number 1042
EARL KRYGIER, Extended Jurisdiction Program Manager, Division of
Commercial Fisheries Management and Development, Department of Fish
and Game, stated that the department is supportive of the bill. He
stated that the scallop fishery, in the scope of most offshore
fisheries, is minimal in participation. He stated that the number
of participants have been as low as 1 or 2, to as high as 17
including both the offshore fishery and the Cook Inlet Fishery.
The scallop offshore fishery is mostly operated by vessels that are
between 90 feet and 125 feet. He stated that the offshore scallop
vessels do both catching and processing, so they shuck the meats
out on the grounds and freeze and process the product on board the
vessels. He stated that other offshore fisheries usually involve
hundreds of thousands vessels participating. He stated that
scallops are a small fishery from a management standpoint. The
state had managed the fishery since the first harvest in 1968
through 1995 when Mr. Big started fishing in federal waters,
basically unregulated, no seasons, no limits. He stated that we
were unable to control him under state regulations because of some
peculiarities that existed under the Magnuson Act, the governing
federal law between 3 miles and 200 miles. The state went to the
council and asked them to close federal waters, which they did
through a Fishery Management Plan. He stated that then the council
had to go through a process to reopen the fishery, in a controlled
condition were we would not have unregulated fisheries off our
coast. This was fairly disastrous to most of our participants,
especially scallop only vessels, during the 18 months that the
fishery was closed.
Number 1226
CHAIRMAN AUSTERMAN asked in reference to Mr. Big, because of his
uncontrolled fishing, were the scallop beds damaged or depleted to
the extent that areas had to be closed.
Number 1245
MR. KRYGIER responded that there were two areas that Mr. Big
fished, one is south and west of Kodiak which has been closed for
fifteen years to protect the depressed King Crab stocks around
Kodiak. The other area is off of Kayak Island that has had a
fishery that harvests about 15,000 pounds, two small beds. He
stated that in 1995 the 15,000 pounds had already been harvested,
and Mr. Big went back in and took an additional 15,000 pounds. He
stated that the fishery did not open in 1996 because of Mr. Big's
damage to the bed. He stated the this year 22,000 pounds of
shucked meat were allowed to be taken. The impact of unregulated
fishing by a large vessel can be significant. He stated that the
beds are not mobile and it is important that the harvesting is done
at a rate to secure the resource. If an area is over harvested
they may never come back because they are so susceptible to over
fishing. He stated that the department has tried to manage this
resource on a very conservative basis to have a long term viable
opportunity for fisherman who fish in Alaska waters. He stated
that the department puts observers on the offshore vessels because
there is the impact of the bycatch of crab. The Gulf crab stocks
have been depressed and portions of the Bering Sea stocks, both the
Red King Crab and the Bairdi Crab are in a depressed condition. If
the fishery is monitored and controlled correctly there can be a
successful crab fishery.
Number 1410
MR. KRYGIER stated that on the East Coast they have limited the
scallop fisheries as a result there are some vessels that have been
excluded and are looking at other opportunities. There have been
several large East Coast vessels that have come to Alaska starting
in 1990. He stated that the analysis done in the council, of the
number of vessels it would take to economically harvest the
resource, could be between four and five vessels. The council went
through with Amendment 1 which closed the fishery, Amendment 2
reopened the fishery, and Amendment 3 is trying to go through a
moratorium process that would do some limitation on the boats and
they are talking about how to restrict that further. He stated
that the federal government would rather the state manage the
fisheries. We call the closures and they mimic what we do to close
the fishery. He stated that we are managing the fishery even in
federal waters.
Number 1533
REPRESENTATIVE KUBINA asked if it was constitutional to manage
outside of state waters.
Number 1551
MR. KRYGIER replied that there are a number of fisheries that are
managed under state\federal scenarios. The lingcod and shrimp
fisheries have no federal fishery management plan, which under the
Magnuson Act, allows states to extend their authority to manage
outside of state waters. He stated that this was tested in the
Baranof case, which proved that the state had the ability to extend
authority to manage crab fisheries.
Number 1595
MARK KANDIANIS, Scallop Fisherman, F/V Provider, stated that he has
been in the scallop fishery for 30 years. He stated that most of
his scallop fishing has been in Alaska, and there are a lot of East
Coast boats coming in when the fishery is on an upswing, after it
is fished out, they leave. He stated that there have been years
when the fishery would only support one or two vessels. He stated
that Mr. Big left the East Coast because of regulations and came to
Alaska. He stated that other boats like Mr. Big started to come to
Alaska as a result the resident fleet tried to get a moratorium on
the fishery and by the time it was achieved the fleet had increased
by over 300 percent of what the fishery could actually sustain. He
stated that for a year and a half the resident fleet was tied to
the dock and the East Coast fleet went back to the East Coast to
fish. He stated that the boat he was on lost one-half million
dollars during that time period. He stated that he thought the
bill was a little too liberal and that it could be a little
stronger and tighter.
Number 1810
CHAIRMAN AUSTERMAN stated that this is a moratorium not a limited
entry system. He stated that it is limiting, for a period of four
years, the ability of anybody else to get back into the industry
until the Limited Entry Commission has a chance to set up some
rules and regulations.
Number 1839
REPRESENTATIVE HODGINS stated that area H in Cook Inlet was
excluded and asked what area that was.
Number 1854
MR. KRYGIER replied that it was the Cook Inlet area and most of
fishery for that is in Kamishak Bay, which is different from the
other fishery, in that instead of two fifteen foot dredges, it is
only one six foot dredge.
Number 1892
CHAIRMAN AUSTERMAN stated that it is not excluded from fishing, it
is just separated from fishing as a separate area, due to different
fishing in that area.
Number 1926
REPRESENTATIVE KUBINA made a motion to move CSHB 141(FSH), O-
LSO112, R Version, Utermohle, 2/21/97, with individual
recommendations and zero fiscal note.
Number 1936
CHAIRMAN AUSTERMAN asked if there were any objections. Hearing
none CSHB 141(FSH), was moved out of the House Special Committee on
Fisheries.
ADJOURNMENT
Number 1948
CHAIRMAN AUSTERMAN adjourned the House Special Committee on
Fisheries at 5:40 p.m.
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