02/02/2007 08:30 AM House FISHERIES
| Audio | Topic | 
|---|---|
| Start | |
| Overview: Ocean Beauty Seafoods, Incorporated, Products and Marketing | |
| Overview: Department of Labor & Workforce Development – Fisherman's Fund | |
| HB26 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 26 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                        February 2, 2007                                                                                        
                           8:36 a.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Kyle Johansen                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Harris                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):                                                                                                                    
                                                                                                                                
OCEAN BEAUTY SEAFOODS, INCORPORATED, PRODUCTS AND MARKETING                                                                     
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
DEPARTMENT OF LABOR & WORKFORCE DEVELOPMENT - FISHERMAN'S FUND                                                                  
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 26                                                                                                               
"An Act relating to aquatic farm permitting involving geoducks                                                                  
and to geoduck seed transfers between certified hatcheries and                                                                  
aquatic farms."                                                                                                                 
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  26                                                                                                                  
SHORT TITLE: GEODUCK AQUATIC FARMING EXEMPTION                                                                                  
SPONSOR(s): REPRESENTATIVE(s) SEATON                                                                                            
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       FSH, RES                                                                                               
02/02/07       (H)       FSH AT 8:30 AM CAPITOL 124                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARK PALMER, President                                                                                                          
Ocean Beauty Seafoods, Incorporated                                                                                             
Seattle, Washington                                                                                                             
POSITION  STATEMENT:    Provided  an  overview  of  Ocean  Beauty                                                               
Seafoods, Incorporated.                                                                                                         
                                                                                                                                
TOM SUNDERLAND, Director                                                                                                        
of Marketing                                                                                                                    
Ocean Beauty Seafoods, Incorporated                                                                                             
Seattle, Washington                                                                                                             
POSITION  STATEMENT:    Provided  an  overview  of  Ocean  Beauty                                                               
Seafoods, Incorporated.                                                                                                         
                                                                                                                                
PAUL LISANKIE, Director                                                                                                         
Division of Workers' Compensation                                                                                               
Department of Labor & Workforce Development                                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Provided  an overview  of the  Fisherman's                                                               
Fund.                                                                                                                           
                                                                                                                                
MIKE MONAGLE, Administrator                                                                                                     
Fishermen's Fund Advisory & Appeals Council                                                                                     
Division of Workers' Compensation                                                                                               
Department of Labor & Workforce Development                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions  during the  overview of                                                               
the Fishermen's Fund.                                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order at  8:36:50  AM.    Representatives                                                             
Johansen  and  Edgmon   were  present  at  the   call  to  order.                                                               
Representatives  LeDoux,  Holmes,  and   Wilson  arrived  as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^OVERVIEW:   OCEAN  BEAUTY SEAFOODS,  INCORPORATED, PRODUCTS  AND                                                             
MARKETING                                                                                                                     
                                                                                                                                
8:37:06 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  first order of business would be                                                               
a  presentation  regarding  Alaska   seafood  from  Ocean  Beauty                                                               
Seafoods, Incorporated.                                                                                                         
                                                                                                                                
8:37:51 AM                                                                                                                    
                                                                                                                                
MARK  PALMER,  President,  Ocean  Beauty  Seafoods,  Incorporated                                                               
(Ocean  Beauty), informed  the  committee that  Ocean Beauty  has                                                               
seven  shore-based   processing  facilities   located  throughout                                                               
Alaska.   Over the last five  years, Ocean Beauty has  focused on                                                               
modernizing those  shore-based facilities.   Mr.  Palmer recalled                                                               
the passage of Senate Bill  164, a value-added salmon tax credit,                                                               
that has  been in place  for four years.   That tax credit  was a                                                               
catalyst for  starting more value-added processing  in the state.                                                               
Ocean Beauty has utilized that tax  credit every year it has been                                                               
in existence.   In fact, last year Ocean Beauty  added another $2                                                               
million  worth  of  value-added capacity  to  the  facilities  in                                                               
Southeast  and  Kodiak.    The  aforementioned  has  resulted  in                                                               
additional jobs.   He  relayed that last  year 60  new processing                                                               
jobs  directly   related  to  the  value-added   processing  were                                                               
created.   Furthermore, Ocean  Beauty had  approximately $900,000                                                               
in additional payroll  and purchased about 3  million more pounds                                                               
of salmon.                                                                                                                      
                                                                                                                                
8:41:07 AM                                                                                                                    
                                                                                                                                
MR. PALMER related  that several years ago the  state offered low                                                               
interest   loans  to   fishermen  for   the  purpose   of  adding                                                               
refrigerated sea water  (RSW) onboard the vessels.   However, the                                                               
amount  of response  exhausted those  funds within  two days,  he                                                               
recalled.  The aforementioned, he  suggested, illustrates that if                                                               
the  opportunity  is  available,   fishermen  are  interested  in                                                               
modernizing  their fleet.   Mr.  Palmer encouraged  the state  to                                                               
support  any  program  that  offers  incentives  to  upgrade  the                                                               
vessels because  many vessels within  the state still  don't have                                                               
the ability to chill their catch  after harvest.  Mr. Palmer also                                                               
encouraged the state to make  the aforementioned available to all                                                               
permit holders.   He then  related that this summer  Ocean Beauty                                                               
will begin  a pilot program out  of Bristol Bay for  the handling                                                               
of sockeye.   One of  the most limiting  factors in that  area of                                                               
the state  is the availability  of ice,  he noted.   He suggested                                                               
that the  state consider  additional ice barges  in areas  of the                                                               
more remote  fisheries where there  isn't the ability  to service                                                               
the fleet.  Mr. Palmer explained  that once the fish is taken out                                                               
of the water, the marketing effort  has to increase the amount of                                                               
high   quality  raw   material  in   order  to   support  product                                                               
development.                                                                                                                    
                                                                                                                                
MR. PALMER  turned attention to  manufacturing efficiencies.   He                                                               
explained that there  are a variety of customers  who are pushing                                                               
initiatives for more efficiency in  the use of energy, packaging,                                                               
and  transportation.   He  mentioned  Wal-Mart's initiatives  and                                                               
characterized it as good business.   He opined that what was once                                                               
referred to as  infrastructure will in the future  be referred to                                                               
as  marketing.   He  then  turned over  the  presentation to  Mr.                                                               
Sunderland.                                                                                                                     
                                                                                                                                
8:44:58 AM                                                                                                                    
                                                                                                                                
TOM  SUNDERLAND, Director  of Marketing,  Ocean Beauty  Seafoods,                                                               
Incorporated,    began    by   discussing    the    market-driven                                                               
environmental initiatives such as the  one being promoted by Wal-                                                               
Mart.   He  explained that  formal score  cards are  published in                                                               
regard  to  how  [companies]  are   to  behave  [with  regard  to                                                               
efficiencies].    [Wal-Mart's   packaging  scorecard]  went  into                                                               
effect yesterday and  companies will have one  year to [implement                                                               
policies  and procedures  to address  efficiencies].   The  first                                                               
grade  will be  published February  1,  2008, at  which time  the                                                               
managers  purchasing  the  product   within  Wal-Mart  will  have                                                               
incentives to [purchase]  the product of those  with good scores.                                                               
He noted  that other  stores, such as  Safeway are  using similar                                                               
score card methods.   Mr. Sunderland highlighted  that 15 percent                                                               
of Wal-Mart's score card is  based on comparative green house gas                                                               
CO  production.   The aforementioned  isn't something  over which                                                               
  2                                                                                                                             
Ocean Beauty, as  a manufacturer, has control.   Furthermore, the                                                               
score  card  indicates  environmental  responsibility  that  will                                                               
represent  20  percent  of  the score  in  which  Alaska  seafood                                                               
manufacturers will be  compared to each other as well  as to food                                                               
manufacturers.   Businesses in Alaska  will have to  compete with                                                               
businesses that are much more  streamlined and have a much easier                                                               
manufacturing   environment.      Mr.  Sunderland   opined   that                                                               
[businesses in  Alaska] are  facing a large  change in  regard to                                                               
how  the  world  views  Alaska's  manufacturing  processes.    He                                                               
further opined that  individual business owners will  have a very                                                               
difficult time succeeding without assistance.                                                                                   
                                                                                                                                
8:48:45 AM                                                                                                                    
                                                                                                                                
MR. PALMER informed  the committee that the amount  of waste that                                                               
the seafood system  puts back in the sea could  be recaptured for                                                               
use in fuels and other  possibilities.  When economically viable,                                                               
such as with the Kodiak fish  meal plant, the waste is recaptured                                                               
and marketable  products are  produced.   In that  situation, the                                                               
value for  the fishermen  in the region  is increased.   However,                                                               
those plants don't exist elsewhere  primarily because such plants                                                               
aren't  economically  viable.   For  instance,  in Cordova  there                                                               
isn't any pollock  production because there isn't  the ability to                                                               
deal  with the  waste.   Mr.  Palmer opined  that industry  isn't                                                               
going  to come  forward and  do things  that aren't  economically                                                               
viable but rather will wait  for regulatory pressures.  Moreover,                                                               
some   parts  of   the  state   are  aligned   well  to   address                                                               
[environmental  initiatives], such  as those  areas that  utilize                                                               
hydropower energy, while other areas  aren't.  Mr. Palmer said he                                                               
didn't want the situation to become  one in which sections of the                                                               
state are seen as producing good Alaska fish and others not.                                                                    
                                                                                                                                
8:51:26 AM                                                                                                                    
                                                                                                                                
MR.  PALMER related  that  traditionally  marketing has  included                                                               
brands,   advertising,   trade   promotion,   and   new   product                                                               
development.  The  state, he opined, has done  an outstanding job                                                               
supporting  such   efforts  via  the  Alaska   Seafood  Marketing                                                               
Institute (ASMI)  and various grant  programs.  A fair  amount of                                                               
new  products have  been created,  which has  resulted in  a fair                                                               
amount  of   modernization  in  the  facilities   creating  those                                                               
products.   The  largest  concern  at this  point  is having  the                                                               
ability to  acquire enough high  quality raw material  to support                                                               
the  growth [of  these new  products] because  there is  a finite                                                               
amount of  top quality  fish from  the state.   He  mentioned the                                                               
need to  concentrate efforts on  the under utilized species.   He                                                               
then related his belief that  it's important to place initiatives                                                               
before  the vessels.    However,  the [environmental  initiatives                                                               
with respect to marketing] are new pressures.                                                                                   
                                                                                                                                
8:52:40 AM                                                                                                                    
                                                                                                                                
MR. PALMER  then turned  to transportation  and pointed  out that                                                               
fuel  and air  costs have  limited access  to some  areas of  the                                                               
state.  One such area is  Cordova.  He highlighted the success of                                                               
the  Copper River  story  and the  value of  its  fish, which  is                                                               
largely dependent upon the fish being  fresh.  The value drops by                                                               
half when the  fish is frozen.  If  limited transportation limits                                                               
moving the product,  the value of the fishery is  placed at risk.                                                               
He   said  that   he   would  like   to   coordinate  more   with                                                               
transportation  issues  because   there  are  few  transportation                                                               
options out  of Cordova.  By  having the ferry arrive  earlier in                                                               
the season and stay later  Cordova is provided a huge opportunity                                                               
to  utilize ground  transportation  where  air transportation  is                                                               
lacking.                                                                                                                        
                                                                                                                                
8:55:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  asked if  any  of  the boats  deliver  to                                                               
Valdez rather than Cordova.                                                                                                     
                                                                                                                                
MR.  PALMER acknowledged  that Cordova  and Valdez  are close  in                                                               
proximity.   Although Valdez has access  to ground transportation                                                               
through trucking, it doesn't service  the fleet and processors in                                                               
Cordova.   The  largest  percentage  of the  fish  are landed  in                                                               
Cordova.                                                                                                                        
                                                                                                                                
8:55:49 AM                                                                                                                    
                                                                                                                                
MR. PALMER  continued his presentation by  reiterating that Ocean                                                               
Beauty has focused its efforts  on under utilized species such as                                                               
pink, chum,  and  Bristol  Bay sockeye.  Those  species represent                                                               
85 percent of  the production in pounds last year  and the lowest                                                               
value in each  species.  Therefore, Ocean Beauty  has focused its                                                               
efforts  to raise  the  bar in  that  arena in  order  to make  a                                                               
difference  to shore-side  communities,  the  fishermen, and  the                                                               
value of the  state's fisheries overall.  Mr.  Palmer thanked the                                                               
state for  the support it has  provided in the form  of marketing                                                               
grants, but  suggested that  the state needs  to address  some of                                                               
the  basic infrastructure,  production, and  manufacturing issues                                                               
that exist.                                                                                                                     
                                                                                                                                
8:57:01 AM                                                                                                                    
                                                                                                                                
MR. SUNDERLAND  explained that  with marketing,  there are  a few                                                               
things to  keep in mind  during product development.   First, the                                                               
byproduct is  addressed.   The remaining  matters to  address are                                                               
the  product  itself   and  how  to  increase   its  value  while                                                               
addressing  new  forms of  the  product.    As Ocean  Beauty  has                                                               
succeeded  with  some  products,  the biggest  issue  has  become                                                               
obtaining enough high quality raw  material to raise the value of                                                               
the product.  Ocean Beauty  feels that basic product quality, how                                                               
the fish comes out of the  water, is where Ocean Beauty could use                                                               
some assistance from the state.                                                                                                 
                                                                                                                                
8:59:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  opined   that  the  traditional  battle                                                               
between  processors   and  fishermen  must   cause  difficulties.                                                               
Therefore, he asked if Ocean Beauty feels it's making progress.                                                                 
                                                                                                                                
MR. PALMER pointed  out that the harvester would like  to see the                                                               
prices of raw  materials increase each year.   The consumer would                                                               
like to  know why  the price  has increased.   He  explained that                                                               
Ocean Beauty  would like to  know what improvements were  made to                                                               
justify  a  higher  price  for  the  product.    He  acknowledged                                                               
increased fuel  and insurance prices.   To make  real incremental                                                               
improvement, something different has to  occur at the boat level.                                                               
In fact, this  last year Ocean Beauty invited  two fishermen from                                                               
different gear types from each part  of the state to educate them                                                               
through financial  transparency.   He opined that  many fishermen                                                               
understand that  in order to  "raise the  bar" they will  have to                                                               
coordinate their efforts with the processors.                                                                                   
                                                                                                                                
9:03:25 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON, speaking  as a  fisherman,  opined that  financial                                                               
transparency  makes  a lot  of  difference.   Chair  Seaton  then                                                               
recalled that the  state could assist by providing  ice barges in                                                               
Bristol Bay.                                                                                                                    
                                                                                                                                
MR. PALMER  acknowledged that  not every  fishery needs  the same                                                               
assistance and thus  it would require some  research to determine                                                               
which  areas  of  the  state  could  utilize  ice  bled  handling                                                               
programs.                                                                                                                       
                                                                                                                                
9:05:22 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON indicated  interest  in Mr.  Palmer forwarding  the                                                               
committee  any information  he  acquires  regarding the  specific                                                               
items needed  in specific regions.   He  then asked if  the score                                                               
card  is proprietary.   He  also recalled  Mr. Palmer  expressing                                                               
interest in the Cordova to Whittier ferry runs.                                                                                 
                                                                                                                                
MR. PALMER  said that a score  card is included in  the committee                                                               
packet.   Mr. Palmer noted  that another  way in which  the state                                                               
could  provide  support  for  the  environmental  initiatives  is                                                               
through  low interest  loans for  harvesters  to modernize  their                                                               
vessels.   He  also  mentioned  that there  should  be review  of                                                               
private  and   public  partnerships   for  community   fish  meal                                                               
facilities to  address waste and  ways in which  to reincorporate                                                               
the proteins and pharmaceutical  and nutraceutical products.  Mr.                                                               
Palmer said that he would  provide the committee with more detail                                                               
with regard to the specifics of  the energy audits and score card                                                               
process.                                                                                                                        
                                                                                                                                
9:08:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON   mentioned  that   a  chef   in  Seattle,                                                               
Washington, is  opening a restaurant  in New York with  the name,                                                               
"Wild Salmon."   He inquired as to Ocean  Beauty's perspective in                                                               
terms of  market penetration and potential  opportunity with such                                                               
an effort.                                                                                                                      
                                                                                                                                
MR. SUNDERLAND  related his understanding that  the "Wild Salmon"                                                               
restaurant will operate under the  concept of regional cuisine of                                                               
Alaska  and  the  remainder  of  the  Pacific  Northwest.    This                                                               
restaurant is  an opportunity to  build the Alaska brand  and the                                                               
idea  of  what   Alaska  seafood  really  is.     Mr.  Sunderland                                                               
highlighted the  power of  the New York  press, which  presents a                                                               
much larger opportunity than merely how  much fish is sold to the                                                               
restaurant.    The  restaurateurs  backing  this  restaurant,  he                                                               
related, are also restaurateurs in Europe.                                                                                      
                                                                                                                                
9:11:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX inquired  as to how the  score card program                                                               
works.                                                                                                                          
                                                                                                                                
MR. SUNDERLAND  explained that all  suppliers will be  scored and                                                               
it will be a public score  published within Wal-Mart.  This score                                                               
along with price  will be the primary measure  [for deciding from                                                               
whom  to buy  products].   He reiterated  earlier testimony  that                                                               
Wal-Mart views this  score card as a way in  which it can provide                                                               
low  prices  in the  future.    Wal-Mart  views this  score  card                                                               
program   as   an   opportunity   to   become   more   efficient.                                                               
Furthermore, Wal-Mart  sees itself  as better at  efficiency than                                                               
others  and thus  it will  be  better at  this than  others.   He                                                               
emphasized that this score card program is enormous.                                                                            
                                                                                                                                
9:14:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  whether it's  Wal-Mart's intent  to                                                               
get ahead of the eventual  regulations because she didn't view it                                                               
as really helping Wal-Mart's efficiency.                                                                                        
                                                                                                                                
MR.  SUNDERLAND noted  his agreement  with Representative  LeDoux                                                               
regarding  that   Wal-Mart  sees  this  score   card  program  as                                                               
providing  a  public relations  component  and  getting ahead  of                                                               
potential laws.   However, all  that Wal-Mart has stated  is that                                                               
if  it  can reduce  the  amount  of  fuel used,  packaging  being                                                               
disposed of, and minimize carbon  emission, it will all provide a                                                               
more  efficient  product  that  will  reduce  the  price  to  the                                                               
consumer.                                                                                                                       
                                                                                                                                
9:16:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX inquired  as to  who has  access to  these                                                               
scores from the Wal-Mart score card.                                                                                            
                                                                                                                                
MR.  SUNDERLAND said  that he  didn't know,  although he  said he                                                               
would be surprised  if the score card was  transparent through to                                                               
the public.                                                                                                                     
                                                                                                                                
9:16:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON  inquired  as  to the  percentage  of  the                                                               
market Ocean Beauty has in Alaska.                                                                                              
                                                                                                                                
MR.  PALMER specified  that  in 2006  Ocean  Beauty processed  17                                                               
percent of all  the salmon in the state.   In further response to                                                               
Representative Wilson, Mr. Palmer  related his understanding that                                                               
the aforementioned  was the largest  single percentage  of salmon                                                               
by  a single  processor.   He reminded  the committee  that Ocean                                                               
Beauty  is primarily  a shore-based  salmon processing  facility,                                                               
which  employs nearly  2,000 people  in  the state  to run  those                                                               
salmon operations.  During the  last nine years the salmon market                                                               
has been a difficult market,  although it's now beginning to turn                                                               
around.   Ocean Beauty has  found a balance between  its position                                                               
in  the  market, product  development,  and  variety of  products                                                               
which has resulted in the company  being a survivor in the salmon                                                               
industry.                                                                                                                       
                                                                                                                                
^OVERVIEW:    DEPARTMENT  OF  LABOR  &  WORKFORCE  DEVELOPMENT  -                                                             
FISHERMAN'S FUND                                                                                                              
                                                                                                                                
9:20:22 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON then  announced  that the  next  order of  business                                                               
would be  the overview from  the Department of Labor  & Workforce                                                               
Development regarding the Alaska Commercial Fishermen's Fund.                                                                   
                                                                                                                                
9:21:01 AM                                                                                                                    
                                                                                                                                
PAUL  LISANKIE,  Director,  Division  of  Workers'  Compensation,                                                               
Department  of Labor  & Workforce  Development (DLWD),  explained                                                               
that the Alaska Commercial  Fishermen's Fund ("Fishermen's Fund")                                                               
was established  in 1951.   The Fishermen's Fund  was established                                                               
as a dedicated  fund and was grandfathered in  after statehood in                                                               
Article IX of the Alaska  State Constitution.  The revenue stream                                                               
of the fund comes from 39 percent  of all money paid to the state                                                               
for commercial fishing  licenses and limited entry  permits.  The                                                               
cap is  $50 per individual.   In 2006 the revenue  stream paid in                                                               
was just under  $982,000.  Over the last four  years, the revenue                                                               
stream for the Fishermen's Fund  has amounted to about $1 million                                                               
per  year.   Mr. Lisankie  explained  that although  the fund  is                                                               
administered  within  DLWD,  the  Department of  Revenue  is  the                                                               
custodian of  the funds.   Through very careful  stewardship over                                                               
many  years, the  Fishermen's Fund  has  been able  to develop  a                                                               
balance that  is carried  forward each year  and invested  by the                                                               
Division of  Treasury.  Up to  50 percent of the  interest earned                                                               
on that balance  can be appropriated for  statewide marine safety                                                               
training  and  education programs.    Mr.  Lisankie informed  the                                                               
committee  that  beyond the  legislature  and  the House  Special                                                               
Committee on Fisheries, the Fishermen's  Fund is also overseen by                                                               
the Fishermen's Fund Advisory &  Appeals Council.  Members of the                                                               
council  are  appointed  by  the  governor  and  serve  five-year                                                               
staggered terms.   The members are  from one of the  five fishing                                                               
districts of the state, he noted.                                                                                               
                                                                                                                                
9:25:09 AM                                                                                                                    
                                                                                                                                
MR.  LISANKIE  turned  to  the  daily  activities  of  the  staff                                                               
administering  the fund.   The  staff consists  of two  full-time                                                               
technicians  and an  administrator.    The administrator  manages                                                               
both  the  Fishermen's  Fund  and the  Second  Injury  Fund,  and                                                               
therefore the  Fishermen's Fund  pays a  pro-rated amount  of his                                                               
salary.  The division's administrative  manager and director also                                                               
provide assistance to the fund.   Mr. Lisankie then turned to the                                                               
benefits  and procedures  for  payment.   He  explained that  the                                                               
benefit  is  the  health  care   costs  that  are  reimbursed  to                                                               
providers for  health care that  is given to  licensed commercial                                                               
fishermen for  injuries and certain occupational  diseases, which                                                               
are  listed in  statute.   The  aforementioned  must be  directly                                                               
connected with  commercial fishing activities either  on-shore or                                                               
in Alaska  waters.  In terms  of this statute, Alaska  waters are                                                               
defined broadly to include the  entire 200-mile limit for payment                                                               
of  this fund.   The  cap  on what  can  be paid  out under  this                                                               
statute  is  $2,500,  with  a   one-year  duration  of  benefits.                                                               
However, the  statute provides  for an  individual to  request an                                                               
extension  of the  duration of  benefits or  an extension  of the                                                               
amount of  benefits.   The statute  specifies that  the extension                                                               
may be  granted for "compelling  reasons," which is  fairly broad                                                               
language.  Mr. Lisankie noted that  there are no payments for any                                                               
costs covered  by any other  insurance.  The Fishermen's  Fund is                                                               
essentially a "payer  of last resort" and is  designed to provide                                                               
commercial fishermen  some limited  amount of support  when there                                                               
is no  other source of  payment for health  care.  He  offered to                                                               
provide  the  committee  with  a   booklet  that  summarizes  the                                                               
requirements and procedures as well as a claim form.                                                                            
                                                                                                                                
9:28:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON inquired as to  the diseases covered by the                                                               
Fishermen's Fund.   She pointed  out that the  language specifies                                                               
that the  [fund] covers arthritis,  heart disease,  and diabetes.                                                               
However,  she  questioned  whether  those  directly  result  from                                                               
fishing.                                                                                                                        
                                                                                                                                
MR.  LISANKIE   commented  that  those  diseases   are  the  most                                                               
difficult conditions  for the council  to address.   He indicated                                                               
that  [the  council]  provides  the  individual  [fisherman]  the                                                               
opportunity to  describe how  the aforementioned  conditions have                                                               
accelerated,  been aggravated,  or made  worse.   The council  is                                                               
left to  determine whether  the conditions  truly fit  within the                                                               
statutory prescription.                                                                                                         
                                                                                                                                
9:29:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  began by  relating  her  belief that  the                                                               
Fishermen's  Fund is  a great  program.   However, she  expressed                                                               
concern  with  the  crew  members   being  charged,  through  the                                                               
license,  for the  program because  under maritime  law a  vessel                                                               
owner is held  responsible for any injury  incurred or manifested                                                               
during the  course of a  crew member's employment on  the vessel.                                                               
Therefore,  charging   the  crew   member  seems  to   shift  the                                                               
responsibility.                                                                                                                 
                                                                                                                                
MR. LISANKIE acknowledged Representative LeDoux's concern.                                                                      
                                                                                                                                
REPRESENTATIVE LEDOUX pointed out that  maritime law goes back to                                                               
Roman times.  She characterized the  maritime law as a salt water                                                               
variety of  workers' compensation  since she said  she understood                                                               
that  the  crew  members  [aren't  covered]  under  the  Workers'                                                               
Compensation Act.                                                                                                               
                                                                                                                                
MR.  LISANKIE  noted  his  agreement  that  commercial  fishermen                                                               
aren't covered under the Workers' Compensation Act.                                                                             
                                                                                                                                
9:31:47 AM                                                                                                                    
                                                                                                                                
MIKE MONAGLE, Administrator, Fishermen's  Fund Advisory & Appeals                                                               
Council, Division  of Workers' Compensation, Department  of Labor                                                               
& Workforce Development,  related that most of  the vessel owners                                                               
carry insurance, although  they aren't required to do  so by law.                                                               
Furthermore, most polices for protection  and indemnity have high                                                               
deductibles and  don't cover  the permit  holder or  the skipper.                                                               
The Fishermen's  Fund, he  opined, takes the  crew member  out of                                                               
the position of trying to  collect the cost for medical treatment                                                               
from the skipper when the skipper  is paying out of pocket.  Upon                                                               
a review  last year, it was  discovered that about 90  percent of                                                               
the claims  were less than  $2,500 and  thus very few  claims are                                                               
for severe [injuries] in excess  of $2,500.  He acknowledged that                                                               
there are  private means of coverage.   He then pointed  out that                                                               
many of the claims are from  the skippers who aren't covered by a                                                               
protection and indemnity policy.                                                                                                
                                                                                                                                
9:33:13 AM                                                                                                                    
                                                                                                                                
MR. LISANKIE  continued his presentation  by noting that  most of                                                               
the materials [related to the  Fishermen's Fund] are available on                                                               
the website.   The Internet is also being  used for consultations                                                               
with the Fishermen's Fund Advisory  & Appeals Council in order to                                                               
avoid the expense of transportation  and the logistics of getting                                                               
all  parties in  one location  at the  same time.   Mr.  Lisankie                                                               
explained that a  claimant who is unhappy  with his/her complaint                                                               
to the Fishermen's Fund Advisory  & Appeals Council can appeal to                                                               
the  commissioner  of  DLWD.    He  said  he  suspected  that  an                                                               
individual wishing to take it further could go to court.                                                                        
                                                                                                                                
9:35:09 AM                                                                                                                    
                                                                                                                                
MR.  LISANKIE  then  turned  to the  fiscal  environment  of  the                                                               
Fishermen's Fund.  He explained that  over the last few years the                                                               
revenue stream  of the  Fishermen's Fund has  been on  a downward                                                               
arc.  From fiscal year  1987-1996, the revenue of the Fishermen's                                                               
Fund was  about $1.5  million per year  while from  1997-2006 the                                                               
fund's revenue  decreased to  about $1.1  million.   Mr. Lisankie                                                               
opined  that   the  aforementioned  trend  reflects   that  fewer                                                               
licenses  were  being  sold.    During the  last  10  years,  the                                                               
Fishermen's Fund has made payments  on 795 claims, totaling about                                                               
$591,000  year.   After  the  cost  of administration  [has  been                                                               
deducted], the Fishermen's  Fund has on average been  left with a                                                               
surplus each  year of  $280,000.   This last  year was  the first                                                               
year in perhaps  15 years in which the  Fishermen's Fund operated                                                               
with a  deficit of  about $250,000  due to a  large spike  in the                                                               
benefits paid out and administrative  costs related to computers.                                                               
Mr.  Lisankie  relayed that  he  and  Mr. Monagle  discussed  the                                                               
aforementioned with  members of  the Fishermen's Fund  Advisory &                                                               
Appeals Council and assured them  that the intention is to return                                                               
the expenses to  their prior level as the  computer expenses were                                                               
a one-time cost.                                                                                                                
                                                                                                                                
9:38:31 AM                                                                                                                    
                                                                                                                                
MR. LISANKIE addressed  the short-term crew member  licenses.  He                                                               
informed the  committee that  in 2006  about 512  short-term crew                                                               
member licenses were  sold.  Part of  the aforementioned computer                                                               
change  was to  monitor claims  activity by  the short-term  crew                                                               
member license.   The holders  of those short-term  crew members'                                                               
licenses didn't submit any claims.   Therefore, in 2006 there was                                                               
no  negative effect  to the  health of  the Fishermen's  Fund and                                                               
thus the revenues  from the short-term crew  member licenses were                                                               
utilized to  support full-time  license holders.   He  noted that                                                               
the  aforementioned  license and  its  impact  on the  fund  will                                                               
continue to be monitored.                                                                                                       
                                                                                                                                
9:39:40 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  recalled that part  of the concern  with short-term                                                               
crew member  licenses is the  possibility of  purchasing multiple                                                               
licenses  rather  than  a full  out-of-state  commercial  fishing                                                               
license.  Chair  Seaton expressed interest in whether  there is a                                                               
downward  trend  in  full price  nonresident  commercial  fishing                                                               
licenses.                                                                                                                       
                                                                                                                                
HB  26-GEODUCK AQUATIC FARMING EXEMPTION                                                                                      
                                                                                                                                
9:40:28 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
HOUSE BILL  NO. 26, "An  Act relating to aquatic  farm permitting                                                               
involving  geoducks   and  to  geoduck  seed   transfers  between                                                               
certified hatcheries and aquatic farms."                                                                                        
                                                                                                                                
9:40:54 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON passed the gavel to Representative Johansen.                                                                       
                                                                                                                                
9:41:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  speaking as the  prime sponsor of  HB 26,                                                               
explained  that  HB  26  says  that an  aquatic  farm  permit  or                                                               
transfer permit  can't be denied  merely because  geoducks aren't                                                               
in the area or aren't wild in  the area a farm or transfer permit                                                               
is requested.  Representative Seaton  informed the committee that                                                               
no one has approached him  requesting such legislation nor has he                                                               
ever applied  for a mariculture  permit and doesn't intend  to do                                                               
so.     He  further  informed   the  committee  of   his  various                                                               
educational  degrees  and 30  years  as  a commercial  fisherman.                                                               
Representative Seaton opined  that he knows what  is happening in                                                               
the state's  fisheries and  the volatility  of the  industry, and                                                               
therefore  as a  representative of  the  state he  is looking  at                                                               
alternative  economic  opportunities   for  the  state's  coastal                                                               
communities.  Mariculture, if it can  be done well, seems to be a                                                               
logical  choice for  [coastal areas  in Alaska].   Representative                                                               
Seaton noted that  he fought salmon farming in  Alaska because it                                                               
has  many  negatives,  such as  genetic  problems  and  escapees.                                                               
However,  geoduck clams  are a  unique animal  and in  fact, once                                                               
geoducks are  out of the larval  stage they sit in  one spot [and                                                               
aren't located] in  high energy beach areas.   Furthermore, there                                                               
are no known  infectious diseases with geoducks,  which have been                                                               
intensively studied  in Puget Sound.   Geoduck farming  is taking                                                               
place in Washington and British Columbia, he related.                                                                           
                                                                                                                                
9:47:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response to  Representative  LeDoux,                                                               
explained that a  high energy beach is a beach  that would have a                                                               
fairly large amount of wave  action or strong tidal currents that                                                               
move the  sediment.  The  geoduck, he further  explained, doesn't                                                               
dig down out of  the way as a razor clam  would.  Geoducks aren't                                                               
mobile and sit in one spot for their entire life.                                                                               
                                                                                                                                
9:48:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON asked whether  geoducks could be seeded and                                                               
thrive in areas that have never had this species.                                                                               
                                                                                                                                
REPRESENTATIVE SEATON informed the  committee that in Seward, the                                                               
location of the single mariculture  hatchery, geoducks are placed                                                               
in the water  without heating it.  The geoducks  seem to do fine.                                                               
In fact, the  temperature is raised to encourage  the geoducks to                                                               
spawn.  There  is no knowledge as to whether  geoducks would ever                                                               
spawn  in the  wild in  areas such  as Kodiak.   He  reminded the                                                               
committee that geoducks are filter  feeders and won't require any                                                               
food.  Furthermore,  nothing has been identified  as a competitor                                                               
of geoducks.   Thus far, he said he has  only heard that geoducks                                                               
might  displace  some  polykete  worms.    However,  Puget  Sound                                                               
studies have shown  that after harvesting the  geoducks there was                                                               
a  slightly  higher number  of  polykete  worms.   Representative                                                               
Seaton  related  that in  Puget  Sound  geoducks are  intertidal,                                                               
which  wouldn't  occur in  Alaska  because  of Alaska's  winters.                                                               
Geoducks in Alaska would be located  in 20-30 feet of water and a                                                               
jet  hose is  utilized to  loosen the  substrate and  harvest the                                                               
geoduck.   With regard  to the issue  of contamination,  he said,                                                               
"We  don't have  to worry  about that,  we're already  taking the                                                               
geoducks here from  Southeastern up there; there  are no geoducks                                                               
up  there and  so  we  don't have  to  worry about  contamination                                                               
between wild stock and the other."                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON  then addressed the  geoduck controversies,                                                               
which  revolved  around  having  a  wild  stock  that  commercial                                                               
fishermen gathered versus farmers who  wanted to farm in the same                                                               
area.   The  farming was  desired  in those  areas because  there                                                               
would be standing  stock that could support the farm.   The other                                                               
dispute  was if  [a farmer]  takes  the area  where geoducks  are                                                               
growing, that area  is taken from the commercial  harvester.  The                                                               
aforementioned  isn't  a problem  if  the  geoduck farming  takes                                                               
place in  Kodiak, Sand Point, or  the outer Kenai Peninsula.   He                                                               
highlighted   that  the   state   has   established  the   Seward                                                               
mariculture hatchery  and its business  plan calls  for supplying                                                               
stock.   However, oysters, which  are cheap, can be  imported and                                                               
thus it  won't support the  hatchery operations.   Therefore, the                                                               
business plan  relies on geoducks,  for which the  first purchase                                                               
has  materialized.    Representative   Seaton  opined  that  [the                                                               
legislature]  needs   to  determine  whether  to   subsidize  the                                                               
hatchery forever,  provide a diversity  of buyers or  abandon the                                                               
industry.    He  further  opined  that  HB  26  provides  a  good                                                               
alternative.   However, the current policy  prohibits the farming                                                               
of  geoducks outside  Southeast  Alaska because  that's the  only                                                               
wild location of geoducks.                                                                                                      
                                                                                                                                
9:55:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  recalled that those interested  in geoduck                                                               
farming in Southeast  had to wait for the  department to identify                                                               
sites available for  farming.  However, one  individual who isn't                                                               
an Alaskan  applied for a  number of  the sites.   Therefore, she                                                               
asked if the sponsor would be  amenable to limiting the number of                                                               
farming sites he/she could lease at one time.                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON characterized  those as  regulatory issues                                                               
with which he didn't have a  problem.  He related his presumption                                                               
that local  people would  apply for the  farms because  one would                                                               
need  to  be in  the  area  to work  the  farms.   Therefore,  he                                                               
suggested that  there could be a  point system for having  a work                                                               
force.   He pointed out  that the permit  requires identification                                                               
of the  workforce.   The aforementioned  may prove  difficult for                                                               
someone   from   New   York  applying   for   a   geoduck   farm.                                                               
Representative Seaton  said that  he didn't  have a  problem with                                                               
some such mechanism,  but he pointed out that  it isn't necessary                                                               
in HB 26.                                                                                                                       
                                                                                                                                
9:58:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response to  Representative  Wilson,                                                               
related his understanding  that without a jet wand  to loosen the                                                               
substrate, it  would be  difficult to harvest  the geoducks.   He                                                               
noted that marine  mammals will eat geoducks.   He also commented                                                               
that geoducks must lead a fairly good  life as some live to be up                                                               
to 140-168 years.                                                                                                               
                                                                                                                                
9:59:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked  if the geoduck farms  are similar to                                                               
set net sites in which the permit  holder must be on the site, or                                                               
can a permit holder hire others to run the site.                                                                                
                                                                                                                                
REPRESENTATIVE  SEATON  related  his understanding  that  geoduck                                                               
[permit  holders], unlike  commercial  fishing permit  [holders],                                                               
don't have  to be present to  operate a site.   He suggested that                                                               
the committee receive clarification from the department.                                                                        
                                                                                                                                
10:01:03 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HOLMES recalled  the  sponsor  saying that  under                                                               
current  law,  geoducks cannot  be  farmed  in areas  where  they                                                               
aren't currently found in the wild.                                                                                             
                                                                                                                                
REPRESENTATIVE  SEATON  explained  that  statute  specifies  that                                                               
"aquatic farming  sites for on  bottom culture of  shellfish must                                                               
be  located  in  areas  where ...  an  indigenous  population  of                                                               
shellfish  species to  be cultivated  is not  present ...."   The                                                               
second portion  of the statute  goes on  to refer to  those areas                                                               
where  there   are  indigenous  shellfish,   wild  stock.     The                                                               
regulations  that have  been  adopted are  a  policy call  saying                                                               
there  is no  desire  to  have any  shellfish  where they  aren't                                                               
naturally present within the larval drift zone.                                                                                 
                                                                                                                                
10:03:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON,  in  response to  Representative  Holmes,                                                               
confirmed that  the committee packet should  include the policies                                                               
and procedures.   He expressed the  need for members to  read the                                                               
policies  and  procedures  carefully  because it  says  that  the                                                               
policy   is  present   to   prevent   genetic  contamination   or                                                               
interaction with wild  stocks.  Therefore, the  rationale for the                                                               
policy decision doesn't follow the reality of the sites.                                                                        
                                                                                                                                
10:04:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN announced that HB 26 would be held over.                                                                
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Fisheries meeting was adjourned at 10:04                                                                   
a.m.                                                                                                                            
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