Legislature(1995 - 1996)
01/25/1995 03:37 PM Senate RES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE RESOURCES COMMITTEE
January 25, 1995
3:37 A.M.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Drue Pearce, Vice Chairman
Senator Steve Frank
Senator Rick Halford
Senator Robin Taylor
Senator Georgianna Lincoln
Senator Lyman Hoffman
COMMITTEE MEMBERS ABSENT
None absent
COMMITTEE CALENDAR
SENATE BILL NO. 21
"An Act relating to penalties for violations of commercial fishing
laws."
SRES - 1/25/95
SB 3 (ANTITRUST EXEMPTION FOR FISHERMEN) was scheduled, but not
taken up this date.
SRES - 1/25/95
SJR 3 (EXPORT OF ALASKA OIL) was scheduled, but not taken up this
date.
PREVIOUS ACTION
SB 21 - No previous action to consider.
SB 3 - No previous action to consider.
SJR 3 - No previous action to consider.
WITNESS REGISTER
Dean Paddock
Bristol Bay Driftnetters Association
P.O. Box 20312
Juneau, Ak. 99802
POSITION STATEMENT: Opposed SB 21.
Jerry McCune, President
United Fishermen of Alaska
211 4th St., Suite 112
Juneau, Ak. 99801
POSITION STATEMENT: No position on SB 21.
Major Buell Russell
Detachment Commander
Alaska State Troopers
Department of Public Safety
2760 Sherwood Lane
Juneau, Ak. 99801
POSITION STATEMENT: Answered questions regarding SB 21.
ACTION NARRATIVE
TAPE 95-1, SIDE A
SRES - 1/25/95
Number 001
SB 21 FINES FOR COMMERCIAL FISHING VIOLATIONS
CHAIRMAN LEMAN called the Senate Resources Committee meeting to
order at 3:37 p.m. and announced SB 21 to be up for consideration.
SENATOR HALFORD, sponsor, said this bill increases the maximum
potential penalties for commercial fisheries violations. He
explained that there are no minimum fines in these cases, only
maximum fines. He said this legislation allows for larger fines
for commercial fishermen who are serious repeat offenders.
Number 68
SENATOR LEMAN said that the court does have the discretion to issue
a lesser fine than the maximums. He said the legislation intends
to target the offenders who make huge financial gains by fishing
illegally.
SENATOR LINCOLN said in her district the violations are minimal and
asked if the sponsor would be willing to leave the first conviction
at $3,000 and raise it for subsequent convictions.
SENATOR HALFORD said that there are fishermen who habitually push
the line and their first violation might be a $20,000 gain to them.
SENATOR LINCOLN asked how many cases this situation would pertain
to. SENATOR HALFORD answered, "Not very many. It's the deterrent
effect you're looking at."
SENATOR TAYLOR noted in a report on pages 6 and 7 that fishermen
had begun to be cited for a narrower margin of closed water
fishing. He said that could mean a significant increase in numbers
of violators. He asked what adjustments were made and if people
were notified of them.
MAJOR BUELL RUSSELL, Alaska State Troopers, said he didn't have
that information with him.
SENATOR LINCOLN asked what percent of violators are repeat
offenders.
MAJOR RUSSELL said he didn't have that information, but would get
it for her.
SENATOR HALFORD noted what disturbed him was on page 7 of the
report which said that even after a Wildlife Enforcement Officer
and a violator agree on a penalty, the attorneys representing the
state were reducing the penalties after the fact. This is what
frustrated public safety in Bristol Bay in 1993. The number of
fines are increasing while the fines themselves are decreasing.
DEAN PADDOCK, Bristol Bay Driftnetters Assoc., was concerned that
this legislation applied to fishermen in the whole state of Alaska
for strict liability violations which is the lowest category of
violation that there is. He said he believed it was bad
legislation. The idea of the strict liability violation was sold
to legislators a couple of years ago as a "parking ticket
violation." $3,000 and $6,000 are hefty parking tickets, he said.
Number 225
MR. PADDOCK said he thought this legislation was primarily
concerning the Egegik line, a difficult situation that he thought
ADF&G and the Board of Fisheries should address.
MR. PADDOCK said the Commissioner of Public Safety, Deputy
Commissioner Swackhammer, and Colonel Valentine told him they would
like to see a visual line. He said he supported putting a line of
buoys on the north line of Egegik. He would not like to see the
legislature put it into law, however, because that would be
managing the fishery.
In response to Senator Halford, he agreed that amending the bill to
install a line of buoys was better than to saddle the fishing
industry with these "draconian and uncalled" for measures.
Number 364
SENATOR HOFFMAN asked them to consider leaving the first violation
at $3,000, the second at $6,000, $9,000 for the third, and $12,000
for the fourth so that the repeat offenders are the ones that are
actually penalized.
SENATOR TAYLOR, referring to his file, said he would like to know
who the experienced D.A. and the magistrate were who were reducing
fines.
SENATOR LEMAN recessed the meeting at 4:06 and called it back to
order at 4:27 p.m.
Number 434
JERRY MCCUNE, United Fishermen of Alaska, said he had no position
at this time, but was concerned with this being applied statewide
when the real problem was just in the area of Bristol Bay. He was
upset that this bill made the whole industry look like a bunch of
criminals.
Number 506
SENATOR TAYLOR said he wanted a meaningful solution that would
provide assistance to both the enforcement personnel and to the
commercial fishing community concerning the lines in question in
Bristol Bay. He said his experience is that the Resources
Committee knows a great deal more about sentencing guidelines and
appellate procedures than most ADF&G officers who rarely appear in
court with a rational, considered, reviewed opinion on what the
fine should be.
SENATOR LEMAN said he would hold SB 21 for further consideration.
SENATOR HOFFMAN reiterated it would make more sense to have a more
graduated fine system.
There was general agreement that something had to be done to get
the multiple offenses down.
TAPE 95-1, SIDE B
SENATOR LEMAN said the Committee would continue the discussion at
the next meeting and adjourned the meeting at 4:45 p.m.
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