Legislature(2023 - 2024)GRUENBERG 120
04/30/2024 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Commercial Fisheries Entry Commission | |
| HR8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HR 8 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
April 30, 2024
10:10 a.m.
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Kevin McCabe
Representative Ben Carpenter
Representative Louise Stutes
Representative Rebecca Himschoot
MEMBERS ABSENT
Representative CJ McCormick
Representative Craig Johnson
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Commercial Fisheries Entry Commission
Mike Porcaro - Juneau
- CONFIRMATION(S) ADVANCED
HOUSE RESOLUTION NO. 8
Encouraging the Department of Fish and Game to adopt certain
regulations relating to fisheries bycatch.
- MOVED CSHR 8(FSH) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HR 8
SHORT TITLE: FISHERIES BYCATCH REGULATIONS
SPONSOR(s): REPRESENTATIVE(s) VANCE
04/20/23 (H) READ THE FIRST TIME - REFERRALS
04/20/23 (H) FSH, RES
04/25/23 (H) FSH AT 10:00 AM GRUENBERG 120
04/25/23 (H) -- MEETING CANCELED --
04/27/23 (H) FSH AT 10:00 AM GRUENBERG 120
04/27/23 (H) <Bill Hearing Canceled>
04/23/24 (H) FSH AT 10:00 AM GRUENBERG 120
04/23/24 (H) Heard & Held
04/23/24 (H) MINUTE(FSH)
04/25/24 (H) FSH AT 10:00 AM GRUENBERG 120
04/25/24 (H) Heard & Held
04/25/24 (H) MINUTE(FSH)
04/30/24 (H) FSH AT 10:00 AM GRUENBERG 120
WITNESS REGISTER
MIKE PORCARO, Commissioner, Appointee
Commercial Fisheries Entry Commission
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Commercial
Fisheries Entry Commission.
ACTION NARRATIVE
10:10:07 AM
CHAIR SARAH VANCE called the House Special Committee on
Fisheries meeting to order at 10:10 a.m. Representatives
McCabe, Carpenter, Stutes, Himschoot, and Vance were present at
the call to order.
^CONFIRMATION HEARING(S)
^Commercial Fisheries Entry Commission
CCONFIRMATION HEARING(S)
Commercial Fisheries Entry Commission
10:10:55 AM
CHAIR VANCE announced that the first order of business would be
confirmation of Mike Porcaro as Commissioner of the Commercial
Fisheries Entry Commission (CFEC).
10:11:16 AM
MIKE PORCARO, Commissioner, Appointee, Commercial Fisheries
Entry Commission (CFEC), testified as the appointee to the
position of commissioner for CFEC. He shared his personal
history, which included information about the broadcasting
business he built in Alaska. He noted his broad knowledge of
Alaska and the fact he has no preconceived ideas about
commercial fishing. He stated that since his appointment [nine
months ago] a backlog of CFEC cases have been completed. He
discussed the possibility of limiting the Prince William Sound
pot fishery, noting that he has suggested that a tutorial be
made on the process of limiting fisheries. Among other meetings
he attended this year, he stated the Alaska Young Fisherman's
Summit impressed him, as the individuals there spoke about how
fishing was a part of their culture. He pointed out the planned
information technology upgrades at the commission, as the system
is around 30 years old. He discussed CFEC's move toward
efficiency by digitizing old records, as this record storage
costs the state around $20,000 per year.
10:17:21 AM
CHAIR VANCE stated that she had known Mr. Porcaro from his radio
show, and she expressed shock at his initial appointment, as he
has had no prior commercial fishing experience. She stated that
she is now impressed with his engagement in the commission. She
questioned Mr. Porcaro's first assignments at the commission.
She added that there had been questions about his appointment
and the salary involved, and she questioned how he had worked
with Commissioner Glenn Haight to prepare himself for the role.
COMMISSIONER PORCARO stated that Commissioner Haight has been a
teacher and mentor for him, and he expressed gratitude. He
stated that one of his first projects is to implement changes to
a more modern method for a permit card, than the embossed card.
He discussed the changes for granting permits via an emergency
transfer to minors under the age of 16 years old.
CHAIR VANCE questioned the salary concerns at the beginning of
his appointment.
COMMISSIONER PORCARO stated that these concerns were
interesting, as he has always "been the kind of person that
earned his money." He stated that he logs his work hours
honestly, noting that in the beginning he was still conducting
his radio show. He expressed the opinion that if a person
works, he/she should get paid; otherwise, nothing should be
paid.
10:24:42 AM
REPRESENTATIVE STUTES questioned how long he has had the
appointment.
COMMISSIONER PORCARO responded that he has been at CFEC since
August 9, 2024. In response to a follow-up question, he stated
that he has been doing his radio show; however, it has been put
on hold because of an illness. He stated that he may return to
the radio show for an hour a day, with the rest of his time
devoted to working for CFEC. He has worked in radio for 25
years, and he acknowledged that it might be time to do something
different. He stated that he is enjoying the job at CFEC.
REPRESENTATIVE STUTES referenced the back log of cases that he
said had been cleared, and she expressed the understanding that
there had been no backlog. She questioned which cases he was
referring to in his previous statement.
COMMISSIONER PORCARO stated that there are some new cases, and
he mentioned that there has been a hearing officer position and
law specialist position unfilled. He stated that the loss of
these positions caused a backlog. In response to a follow-up
question, he expressed the understanding that cases at CFEC are
current.
10:28:47 AM
REPRESENTATIVE HIMSCHOOT questioned what a workday at CFEC would
be for him.
COMMISSIONER PORCARO responded that it would be much like a
legislative day. He stated that he goes through memos and on
Wednesday there is a scheduled meeting. He stated that he
spends time reading and catching up on issues before the
commission. Currently, he stated that a scoring system is being
put together for the Prince William Sound pot fishery.
REPRESENTATIVE HIMSCHOOT pointed out that he is doing this work
while managing businesses around the country and doing a radio
show. She questioned where his office is located.
COMMISSIONER PORCARO stated that he is not in the Juneau office;
rather, he is working remotely out of his home in Anchorage. He
stated that he works online and travels to Juneau when needed.
REPRESENTATIVE HIMSCHOOT pointed out that he does not have a
fisheries background. She questioned why the governor picked
him to be the CFEC commissioner.
COMMISSIONER PORCARO stated that he did not apply for the job
and was surprised when he was chosen. He expressed the opinion
that the governor was looking for a person who is heavily vested
in the state. He added that the governor was looking for an
individual who can be honorable and make straightforward
decisions.
REPRESENTATIVE HIMSCHOOT questioned him about the Red Pen
Campaign.
COMMISSIONER PORCARO explained that audiences that listen to his
radio show often have opinions, and the show's motto was "if it
can be trimmed, let's do it as efficiently as possible." This
had resulted in the governor being given an inflatable red pen.
He stated that his radio show is political; however, he
expressed the opinion that this should not cause worry because
he is "in a different mode." He explained that part of the job
on radio would be to get ratings, and the Red Pen Campaign had
gotten ratings. He noted that he has invited people with
various perspectives to be on the show, such as Senator Bill
Wielechowski. He expressed the opinion that they treated each
other with respect, even though they see things differently.
REPRESENTATIVE HIMSCHOOT commented that the Red Pen Campaign was
"eye catching." She thanked the commissioner.
10:36:31 AM
REPRESENTATIVE MCCABE concurred that the legislature should be
more fiscally responsible. He expressed the hope that he would
do the same at CFEC.
10:37:13 AM
REPRESENTATIVE CARPENTER questioned whether, after data requests
from CFEC, it had been recognized that the data was lacking.
COMMISSIONER PORCARO responded that Commissioner Height has
approached the governor's office and the legislature to ask for
$150,000 a year for four years to upgrade the current system.
He stated that a private vender has been contacted.
10:38:41 AM
REPRESENTATIVE STUTES questioned his workday from home for this
job.
COMMISSIONER PORCARO responded that he communicates on the
phone, with email, and by text. He suggested that he talks more
frequently to people this way. He noted that since the COVID-19
pandemic [working from home] is the way of the future.
REPRESENTATIVE STUTES questioned whether working remotely would
impair resolving cases.
COMMISSIONER PORCARO responded that his work has not been
impaired. He stated that a case would have a written and oral
record, and he would have a copy of these. He added that
adjudication meetings would take place over internet video
calls.
10:41:36 AM
CHAIR VANCE opened public testimony on the appointment of
Commissioner Porcaro. After ascertaining that there was no one
who wished to testify, she closed public testimony.
10:42:39 AM
CHAIR VANCE stated that in accordance with AS 39.05.080, the
House Special Committee on Fisheries has reviewed the following
and recommends the appointments be forwarded to a joint session
for consideration: Commercial Fisheries Entry Commission Mike
Porcaro. She advised that this does not reflect an intent by
any of the members to vote for or against the confirmation of
any individual during any further sessions.
10:42:59 AM
The committee took a brief at-ease at 10:42 a.m.
HR 8-FISHERIES BYCATCH REGULATIONS
10:43:27 AM
CHAIR VANCE announced that the next order of business would be
HOUSE RESOLUTION NO. 8, Encouraging the Department of Fish and
Game to adopt certain regulations relating to fisheries bycatch.
10:44:52 AM
REPRESENTATIVE MCCABE moved to adopt the proposed committee
substitute (CS) for HR 8, version 33-LS0731\S, Bullard, 4/29/24,
("Version S") as the working document.
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
10:45:15 AM
CHAIR VANCE stated that the previous version of HR 8 focused on
bycatch utilization. After engagement with the public and the
Bycatch Advisory Council, she expressed the understanding that
utilization is not feasible, and Alaskans do not support this.
She stated that all language on utilization was removed from
Version S, with new language beginning on page 2, line 15,
focusing on the recommendations of the Bycatch Advisory Council.
She pointed out that the council recommended that a bycatch
policy be adopted, with the policy including state engagement,
research, and management. She stated that Version S focuses on
work that the commissioner of the Alaska Department of Fish and
Game (ADF&G) and the state positions on the North Pacific
Fishery Management Council (NPFMC) can do to adopt a state
bycatch policy.
CHAIR VANCE pointed out that page 3, line 9 of Version S
references regulations which would provide "real-time genetic"
testing on salmon in Western Alaska. However, this technology
is not yet available. She discussed a conceptual amendment to
address this.
10:47:25 AM
CHAIR VANCE moved Conceptual Amendment 1 to Version S. She
stated that this would delete the language "real-time genetic".
REPRESENTATIVE MCCABE objected.
CHAIR VANCE stated that the conceptual amendment would strike
"real-time genetic" from the resolution, as this technology is
currently unavailable.
REPRESENTATIVE MCCABE questioned why the word "genetic" would
need to be removed, as the language "real-time" is what refers
to the technology that is not developed yet.
10:49:07 AM
REPRESENTATIVE STUTES expressed the opinion that in order to
provide reporting on [fish] composition, this would be genetic
reporting, and taking out the entire wording "real-time genetic"
would give more latitude.
10:49:34 AM
REPRESENTATIVE CARPENTER pointed out that resolutions speak to a
purpose and make recommendations; moreover, they do not change
statute. He expressed the understanding that this type of
technology would be available in the future; therefore, keeping
the language in the resolution could direct future regulations.
He offered the advice that there would be a value in keeping the
terminology in the resolution.
REPRESENTATIVE STUTES expressed disagreement on sending out a
resolution requesting something that is not currently available.
She expressed support for the conceptual amendment, as the
genetic composition could still be sought. She stated that this
language could be used in future resolutions to address this
goal.
10:51:41 AM
CHAIR VANCE moved Conceptual Amendment 1 to Conceptual Amendment
1. She explained that this would only strike the term "real-
time" from the resolution.
REPRESENTATIVE STUTES objected. She expressed the opinion that
understanding composition could only be done with genetics, so
leaving the word "genetic" in would be redundant.
CHAIR VANCE expressed misunderstanding per Representative
Stutes' recommendation. She remarked that she is seeking to
amend the conceptual amendment so the wording would be smooth,
and the commissioner of ADF&G would be able to understand the
direction the legislature is giving, which is to do the best
possible reporting on salmon in Western Alaska. She expressed
the understanding that if the [real-time] technology is not
ready, genetic reporting could still be done.
REPRESENTATIVE STUTES argued that the way the [conceptual
amendment, as amended] is written, only genetic reporting would
be allowed.
10:53:28 AM
REPRESENTATIVE HIMSCHOOT questioned whether there are other
types of reporting, as taking the entire phrase out would allow
any type of reporting. She expressed the understanding of both
sides of the question.
REPRESENTATIVE CARPENTER removed his objection. He expressed
support for removing "real-time" from the resolution, while
keeping "genetic".
10:54:30 AM
REPRESENTATIVE STUTES removed her objection. Therefore,
Conceptual Amendment 1, as conceptually amended, to HR 8 was
adopted.
[Although not stated on the record, Representative McCabe's
objection was treated by the committee as removed.]
10:55:08 AM
REPRESENTATIVE MCCABE moved to report HR 8, as amended, out of
committee with individual recommendations and the attached zero
fiscal note. He granted Legislative Legal Services permission
to make any necessary technical or conforming changes.
REPRESENTATIVE HIMSCHOOT objected. She expressed concern about
the final section of the resolution. She questioned the
intersection between state and federal bycatch policies.
CHAIR VANCE pointed to the beginning of the resolution and
described the majority of seats on NPFMC as being held by state
representatives. She pointed out that the resolution would
direct these representatives and the commissioner of ADF&G to
influence NPFMC bycatch policy in Alaska.
REPRESENTATIVE HIMSCHOOT removed her objection. There being no
further objection, CSHR 8(FSH) was reported out of the House
Special Committee on Fisheries
10:58:06 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 10:58
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Mike Porcaro Fisheries Entry Resume_Redacted.pdf |
HFSH 4/30/2024 10:00:00 AM |
|
| HR 8 - Proposed CS v.S (04-29-24).pdf |
HFSH 4/30/2024 10:00:00 AM |
HR 8 |
| HR 8 - ABRTF Progress Report.pdf |
HFSH 4/30/2024 10:00:00 AM |
HR 8 |