Legislature(1995 - 1996)
02/03/1995 03:45 PM Senate RES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE RESOURCES COMMITTEE
February 3, 1995
3:45 P.M.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Drue Pearce, Vice Chairman
Senator Steve Frank
Senator Rick Halford
Senator Lyman Hoffman
COMMITTEE MEMBERS ABSENT
Senator Robin Taylor
Senator Georgianna Lincoln
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 3
Opposing the ban on the export of Alaska North Slope crude oil;
endorsing federal legislation to remove restraints on the export of
Alaska North Slope oil; requesting the Congress of the United
States to pass legislation to permit the export of Alaska North
Slope crude oil; and urging the President of the United States to
support the legislation to lift the ban on the export of Alaska
North Slope crude oil.
SENATE BILL NO. 3
"An Act relating to an antitrust exemption for persons engaged in
the fishing industry."
SENATE BILL NO. 21
"An Act relating to penalties for violations of commercial fishing
laws."
SENATE BILL NO. 41
"An Act relating to reports by fishing vessels that are not
registered under the laws of the state."
PREVIOUS ACTION
SJR 3- See Resources minutes dated 1/25/95 and 1/27/95.
SB 3 - See Resources minutes dated 1/25/95 and 1/27/95.
SB 21 - See Resources minutes dated 1/25/95.
SB 41 - No previous action to record.
WITNESS REGISTER
John Ringstad
BP Exploration Alaska
P.O. Box 196612
Anchorage, AK 99519
POSITION STATEMENT: Supported SJR 3.
Louis Menendez
618 Sixth Street
Juneau, AK 99801
POSITION STATEMENT: Opposed SB 21.
Terry Otness, Legislative Aide
Senator Taylor
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on SB 41.
ACTION NARRATIVE
TAPE 95-5, SIDE A
Number 001
SRES 2/3/95
SJR 3 EXPORT OF ALASKA OIL
CHAIRMAN LEMAN called the Senate Resources Committee meeting to
order at 3:45 p.m. and announced SJR 3 to be up for consideration.
SENATOR HOFFMAN moved to adopt amendment #1. There were no
objections and it was so ordered.
JOHN RINGSTAD, BP Exploration Alaska, said BP had been working
actively on this issue on a federal level for several years and
would support the resolution in any way they could.
Number 53
SENATOR PEARCE moved to discharge SJR 3 (am) from Committee with
individual recommendations. There were no objections and it was so
ordered.
SRES 2/3/95
SB 3 ANTITRUST EXEMPTION FOR FISHERMEN
SENATOR LEMAN announced SB 3 to be up for consideration. He said
the Committee had already heard substantial support for this bill
and no testimony in opposition.
SENATOR PEARCE added that this bill passed the Senate with no
opposition in the last Legislature and died in the House.
SENATOR PEARCE moved to discharge SB 3 from Committee with
individual recommendations. There were no objections and it was so
ordered.
SRES 2/3/95
SB 21 FINES FOR COMMERCIAL FISHING VIOLATIONS
SENATOR LEMAN announced SB 21 to be up for consideration.
SENATOR HALFORD moved to adopt the CS to SB 21. There were no
objections and it was so ordered.
SENATOR HALFORD explained that the CS changes the penalties to
$6,000 and $12,000. It leaves the penalty for the first conviction
at $3,000.
SENATOR LEMAN said most of them would probably agree that the area
they would like to get at is the Egegik area and his intent is that
the ADF&G and the Board of Fisheries take some action regarding
physically identifying that line.
Number 128
LOUIS MENENDEZ, former Prosecuting Attorney for the State of
Alaska, said he worked in Bristol Bay for about five of his 15
years. He thought this bill would not pass a challenge in the
Court of Appeals. He also thought this was more of a management
issue and perhaps allocation of the number of boats could be
accomplished by a lottery system or something like that.
Increasing the penalties will not work, he said.
SENATOR FRANK asked on what grounds it would be challenged. Mr.
Menendez answered "strict liability." He explained that this
statute has no showing of intent for wrongdoing. Applying more of
a penalty would make it more criminal in nature and as a result
some mental state would have to be incorporated.
SENATOR LEMAN said he understood the Court of Appeals has already
approved penalty up to $5,000. SENATOR HALFORD agreed and added
that was done in 1980.
Mr. Menendez reiterated that he didn't think this legislation would
pass the Court of Appeals and that it was really a management
issue. He also noted that it would be subject to abuse. For
instance, if you pick up a fisherman on the line and bring him into
a situation where he has to plead guilty or not guilty, you could
threaten him. You could say plead to the misdemeanor or plead to
the violation. Then you could say the violation will be as much as
whatever fine you want to make it. It's dangerous leverage.
Number 215
SENATOR HALFORD moved to pass CSSB 21 from Committee with
individual recommendations. There were no objections and it was so
ordered.
SRES 2/3/95
SB 41 REPORTS BY OUT OF STATE FISHING VESSELS
SENATOR LEMAN announced SB 41 to be up for consideration.
TERRY OTNESS, Legislative Aide to Senator Taylor, said he would
answer questions on SB 41. He said this legislation would require
foreign fishing vessels transiting or lying in state waters to
report their catch by species, quantity, and area where harvested.
The Ketchikan Trollers Committee requested this legislation in
response to the rapid expansion of the fisheries off the Capes and
it is hoped with increased data from the foreign fleet that there
will be better in-season management data.
SENATOR PEARCE said she once tried to say that foreign tankers had
to provide the state information about their cargo and was told by
our Department of Law and the Coast Guard that the State of Alaska
has no right to require foreign ships to do anything in our waters,
but the Coast Guard can. She asked if he had considered that.
MR. OTNESS said he hadn't talked to the federal government, but our
Department of Law thought this was permissible, because we have a
legitimate interest in the management and are not interfering with
commerce.
SENATOR PEARCE noted that her problem was not with commerce, but
with maritime law which is a separate body of law.
SENATOR PEARCE moved to discharge SB 41 from Committee with
individual recommendations. There were no objections and it was so
ordered.
SENATOR LEMAN thanked everyone for their participation and
adjourned the meeting at 4:07 p.m.
| Document Name | Date/Time | Subjects |
|---|