Legislature(2005 - 2006)BUTROVICH 205
03/09/2005 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB113 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 113 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
March 9, 2005
3:39 p.m.
MEMBERS PRESENT
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
Senator Kim Elton
Senator Gretchen Guess
MEMBERS ABSENT
Senator Thomas Wagoner, Chair
Senator Fred Dyson
Senator Bert Stedman
COMMITTEE CALENDAR
SENATE BILL NO. 113
"An Act relating to entry into and management of Gulf of Alaska
groundfish fisheries."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 113
SHORT TITLE: GULF OF ALASKA GROUNDFISH FISHERY
SPONSOR(s): SENATOR(s) STEVENS B BY REQUEST
02/23/05 (S) READ THE FIRST TIME - REFERRALS
02/23/05 (S) RES, FIN
WITNESS REGISTER
ED DERSHAM
Board of Fisheries
Anchorage AK
POSITION STATEMENT: Supported SB 113.
SUE ASPLUND
Department of Fish & Game
PO Box 25526
Juneau, AK 99802-5226
POSITION STATEMENT: Supported SB 113.
BRUCE TWOMLEY, Chairman
Commercial Fisheries Entry Commission (CFEC)
Department of Fish & Game
PO Box 25526
Juneau, AK 99802-5226
POSITION STATEMENT: Supported SB 113.
FRANK HOHMAN
Commercial Fisheries Entry Commission (CFEC)
Department of Fish & Game
PO Box 25526
Juneau, AK 99802-5226
POSITION STATEMENT: Supported SB 113.
ALEXUS KWACHKA
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
CHUCK THOMPSON, President
Kodiak Divers Marketing Association
Board Member, Alaska Jig Association (AJA)
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
STEVE GROGGY, Vice President
Alaska Draggers Association
Kodiak AK
POSITION STATEMENT: Supported SB 113.
JULIE KAVANAUGH
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
TIM GOSSETT
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
LONNIE WHITE
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
STEVE MATHIEU
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
TIM TRIPP
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
PETER THOMPSON
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
DONNA JONES
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
THERESA PETERSON
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
LEONARD CARPENTER
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
LUDGER DOCHTERMANN
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
SHAWN DOCHTERMANN
Kodiak AK
POSITION STATEMENT: Opposed SB 113.
ROBERT CARTER
No address provided
POSITION STATEMENT: Opposed SB 113.
GLEN CAROLL
Homer AK
POSITION STATEMENT: Opposed SB 113.
MACO HAGGERTY
Homer AK
POSITION STATEMENT: Opposed SB 113.
ALAN PARKS
Homer AK
POSITION STATEMENT: Opposed SB 113.
BRUCE HENDRICKSON
Homer AK
POSITION STATEMENT: Opposed SB 113.
ARNE FUGELVOG, President
Petersburg Vessel Owners Association
Petersburg AK
POSITION STATEMENT: Supported SB 113.
CHARLIE PARSONS, Vice Chair
Western Alaska Ground Fishermen's Association
Homer AK
POSITION STATEMENT: Supported SB 113.
MIKE MILLIGAN
No address provided
POSITION STATEMENT: Supported SB 113.
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Resources Standing
Committee meeting to order at 3:39:37 PM. Present were Senators
Elton, Guess, Ben Stevens and Chair Seekins.
SB 113-GULF OF ALASKA GROUNDFISH FISHERY
CHAIR SEEKINS announced SB 113 to be up for consideration.
ED DERSHAM, Board of Fisheries, said the board's task force on
this issue was begun because of federal rationalization and
because many state groundfish fisheries have become a race for
fish. That task force has realized that the board needs
additional authority to be able to address a comprehensive
solution that would be best for the State of Alaska.
We fleshed out the bare bones of a dedicated access
privilege partial solution to these things along with
an open entry portion.... We think that the bare bones
idea is enabled by this legislation, which is process
legislation, not programmatic. It's meant to create
the ability for the CFEC and Board of Fisheries to use
this additional authority in the process and then
flesh out a complete solution that would address what
we think would be best for the participants, the
Alaska residents in the coastal communities....
In addition, we have also been in discussion with the
CFEC (Commercial Fisheries Entry Commission) about a
Memorandum of Understanding to flesh out the
cooperation part of this legislation and we believe
that the result of that will be a Memorandum of
Understanding that we will be able to get into the
legislative record before this bill is voted on. It
will create a joint public process for much of this
work... which is kind of a new idea that I think would
have many benefits for the public process input of
stakeholders and other interested parties.
3:43:28 PM
SENATOR BEN STEVENS, sponsor, said he wanted to clear up
misconceptions. It was also introduced last year and was
requested by the Board of Fish, the North Pacific Fisheries
Management Council (NPFMC), ADF&G and CFEC as a result of
federal action in federal waters. He emphasized that the urgency
of addressing this issue has increased because the NPFMC is
closer to acting on its management plan, which surrounds the
Gulf of Alaska fisheries.
3:46:20 PM
SENATOR STEVENS said his first concern is to protect the rights
of Alaskan fishermen in Alaskan waters. The question is will
this help Alaskan fishermen in Alaskan waters against adverse or
unintended consequences of a implementation of the federal
fisheries management plan. Another question is, "If we don't
act, what happens?" Those organizations came to him saying that
the state has to act or it will face negative consequences for
its fishermen. He stated:
I just hope that people who testify against the bill
will understand the reasoning behind the bill and
understand what the bill allows the departments to do
and allows the fisheries managers to do to meet their
objective as fisheries managers. Those objectives are
pretty well stated on page 4 - which is sound fishery
management, resource conservation, protect the
economic health of the fisheries, have enforceable
allocations, promote the safety of the participants
and...adopt other important goals as identified by the
commission. We're creating a tool for the fisheries
managers to use if they see fit to use it.
3:48:18 PM
SUE ASPLUND, Alaska Department of Fish and Game (ADF&G), read
position paper. She said the race for fish and the increasing
pressure to get more does not maximize the economic value of the
fisheries to fishermen, to processors, to the coastal
communities - or to the state. She feared that:
3:50:50 PM
The planned rationalization of the federal Gulf of
Alaska groundfish fisheries has the potential to
further aggravate all of the problems that are already
inherent in this race for fish....
Alaska's current Limited Entry program satisfactorily
addresses fisheries and social issues in many of
Alaska's fisheries. It may not best serve all of
Alaska's diverse groundfish fisheries given the
demands on today's global marketplace for consistent
supply, quality and market and product diversity.
SB 113 provides authorities to the Board of Fisheries
and Commercial Fisheries Entry Commission (CFEC) that
allow them to explore innovative Gulf of Alaska
groundfish fisheries allocation and management
strategies to find solutions to the changing global
marketplace and that would benefit the resource, the
resource users and the communities that depend upon
them....
SB 113 has been purposefully written to provide for
maximum flexibility without predetermining any
programmatic outcome. It's intended that program
development for each Gulf groundfish fishery will be
developed in a transparent Board of Fish and CFEC
public processes and not within this legislation.
MS. ASPLUND stressed that this is process legislation, not
programmatic. It expands the public process by adding the Board
of Fish and its public processes onto the CFEC hearing process.
A dedicated access privilege is not ownership and providing
entry-level access for fisheries is a state priority.
3:52:38 PM
She said that while limited entry has generally worked well in
Alaska biologically, it does not prevent over-capitalization and
increases harvesting. Some would argue that the groundfisheries
have already seen significant negative effects of over-
capitalization such as low product values, short seasons, loss
of resident processing for workers in coastal communities,
safety issues, et cetera. Longer seasons would likely provide
stability to coastal communities and fishermen.
BRUCE TWOMLEY, Chairman, Commercial Fisheries Entry Commission
(CFEC), supported SB 113. The CFEC and board need dedicated
access to control quota fisheries.
It is a way of assigning quota so that people don't
overfish their individual share. It can be based on
past historic catch. It's a new development; it's a
tool the state hasn't had and we know from our
experience in limiting quota fisheries that the
state's license limitation program simply doesn't
work. I could give you examples; it has not been an
effective tool.
He explained that SB 113 is limited to the Gulf of Alaska
fisheries and doesn't mandate anything.
When and if that produces a proposal for this fishery,
there is going to be extensive public comment.... One
thing we contemplate is joint hearings.... Merely
acting on this doesn't lock the state for all time
into a particular system. The state always has the
power to modify the system.
3:59:13 PM
Constitutional provisions limit what the state can do for
limited access. It can only be used to prevent economic distress
among fishermen and only for conservation. This framework
doesn't apply to the federal limited fisheries.
The court has said it is better to serve more people rather than
less. A dedicated access privilege better serves that standard
than the traditional license limitation program where everything
is tied to the existing number of units of gear in a fishery.
and all applicants have to be ranked against one another.
The point of a dedicated access privilege is it can be
much more inclusive because you have the opportunity
to bring everybody who is currently participating in
the fishery - everybody who can demonstrate a reliance
on the fishery into the fishery at their own level of
participation.
FRANK HOHMAN, Commercial Fisheries Entry Commission (CFEC),
supported Mr. Twomley's comments.
4:02:51 PM
ALEXUS KWACHKA, Kodiak fisherman, said under SB 113 it is
possible to issue a license to a vessel and not the vessel
operator. It divides the pie and will marginalize a lot of guys
with a lot at stake. It creates unequal access.
4:06:33 PM
CHUCK THOMPSON, President, Kodiak Divers Association said he is
also on the board of the Alaska Jig Association (AJA) and they
opposed SB 113 because it is too broad. Management tools are
already available to prosecute these fisheries in a safe and
timely manner. SB 113 would create unequal access. Jig fishermen
don't race for fish. Further, he stated as a husband, father and
resident of Alaska, he is also concerned that there would be no
entry-level fisheries.
4:10:09 PM
STEVE GROGGY, Vice President, Alaska Draggers Association
(representing 30 vessels), supported SB 113. He noted the
Governor, the North Pacific Fisheries Management Council, the
Board of Fish Rationalization Task Force, Board of Fish, and
United Fishermen of Alaska all support SB 113. Many industry
members who favor this bill can't testify today because they
have gone fishing.
He said that a significant amount of Pacific cod and pollock
have been caught inside three miles in the federal fisheries -
otherwise known as the parallel fishery.
Even though the vessels thought they were operating in
a federal fishery, it turns out the state of Alaska
has jurisdiction over this catch. SB 113 will allow
the state to maintain authority over the inside three-
mile catch allowing fishermen to have somewhat equal
treatment when compared to potential fishing
privileges in the federal program. Otherwise they
would be dropped out of the loop, since both would
receive fishing privileges based on catch history.
SB 113 also allows for a coordinated fishery
management approach for stocks that are migratory
across the three-mile jurisdiction line.... The state
must take action to protect the fishery resource and
Alaskan fishers. Otherwise they put at risk inside
three-mile fishers with excessive effort by new
fishers joining in the fray of open access
fisheries.... With SB 113, Alaska has the ability to
drive the outcome in the federal process.
4:12:37 PM
It does not designate processor quota shares or predetermine
what species or gear types need to have programs developed, but
it does grant authority to the Board of Fisheries and CFEC to
adequately develop plans for Alaska groundfish fisheries.
4:15:02 PM
JULIE KAVANAUGH, representing family, said SB 113 is about
unequal access and she is opposed to it. She urged extensive
public hearings on this issue.
4:18:23 PM
TIM GOSSETT, Kodiak, said Gulf rationalization takes away
opportunity and opposed SB 113. It's much too ambiguous and
gives CFEC and the Board of Fish too much power.
LONNIE WHITE, Kodiak, liked what SB 113 does, but thought it was
contrary to the spirit and intent of our state constitution.
Jobs and money are lost with the emerging industry efficiency.
He thought this issue should be voted on by the people of
Alaska, not passed as a bill in the Legislature. He did not
support it.
4:22:10 PM
STEVE MATHIEU, Kodiak, opposed SB 113. It's vague and gives too
much power to the Board of Fisheries. He wanted to know exactly
what plan would be adopted by it.
4:24:38 PM
DONALD LAWHEAD, JR. opposed SB 113. Everyone understands the
current system. He echoed previous testimony in opposition to SB
113 emphasizing that it represents unequal access.
4:27:04 PM
TIM TRIPP, Kodiak, opposed SB 113. The Board of Fish already has
the tools to stabilize fisheries. He didn't see any
justification to give the CFEC more power than it already has.
4:28:00 PM
PETER THOMPSON, Kodiak fisherman, opposed SB 113. More time is
needed for affected fishermen in the coastal communities to
weigh in on the matter. This bill is too broad and gives too
many undefined powers to CFEC and the board.
4:29:07 PM
DONNA JONES, Kodiak, opposed SB 113. It gives too much power to
the board. It is unconstitutional to give the Board of Fish
power to bypass the legislative process. She did not support
creating a dedicated access privilege to a state fishery. She
was also concerned that this advocates privatization of a public
resource.
4:32:44 PM
THERESA PETERSON, Kodiak fisherman, opposed SB 113. It is
vaguely written and stakeholders won't know how they are
affected.
4:34:28 PM
LEONARD CARPENTER, Kodiak, opposed SB 113. It gives the board
and CFEC too many powers and they already have adequate tools to
manage fisheries. He encouraged the legislature to have a lot of
hearings.
4:37:39 PM Recess 4:43:58 PM
LUDGER DOCHTERMANN, Kodiak, opposed SB 113 for reasons already
stated. The Kodiak fishermen are the ones who asked for this
statewide fishery in the first place. He wanted open access for
the little guy.
4:46:19 PM
SHAWN DOCHTERMANN, Kodiak, said he fishes in the jig groundfish
fishery and can survive with open access. But, if the state
waters are rationalized, that will make him and others go
bankrupt. "I am completely against the whole idea of SB 113."
Further, there are no guidelines for the Board of Fish or the
CFEC. They will have the power to manipulate the state water
fisheries as they please. State government is working against
the little guy.
4:49:01 PM
ROBERT CARTER opposed SB 113 because it is unconstitutional.
Fish should be an open resource. "If people can't make money
fishing, then they get out of the business. Those who make money
can stay in. It's the American way. The resource has never been
in danger."
4:50:16 PM
GLEN CAROLL, Homer pot cod fisherman, said the catch rate for
fish is accelerating and this causes poor quality. Every year
the season is shortened by at least a week as the race for fish
goes on and on. He supported SB 113.
4:52:52 PM
MACO HAGGERTY, Homer, opposed SB 113.
4:54:18 PM
ALAN PARKS, Homer, opposed SB 113 for all the reasons stated.
Let it go through the board process and work on a community
level.
4:56:32 PM
BRUCE HENDRICKSON, Homer, opposed SB 113, which tries to bring
state fisheries in alignment with federal fisheries. It
allocates the resource to a vessel, not an individual, and at
the vessel level it represents capital. Small boat fishermen
lose and big boat lobbyists walk away with the resource.
5:00:37 PM
ARNE FUGELVOG, President, Petersburg Vessel Owners Association,
said he is also a member of the North Pacific Fisheries
Management Council. Both supported SB 113. The NPFMC will have a
rationalization program finalized by next winter.
If we retain open access in state waters and have a
federally rationalized fishery, I truly believe we
will have a disaster on our hands because we will have
a complete mismatch of programs. Fishermen who
participate in the state water fishery are the same
ones who participate in the federal water fishery. A
program for those fishermen that does not work in both
state and federal waters, I think, is going to be a
real problem.
5:03:41 PM
CHARLIE PARSONS, Vice Chair, Western Alaska Ground Fishermen's
Association, supported SB 113. He said all the members are
fishing right now so they are not available to testify in favor
of it. Rationalizing the fishery will spread it out over time
and space and make it a much safer and more profitable fishery.
5:05:15 PM
MIKE MILLIGAN, representing himself, explained the history about
the lobbying effort in D.C. to get a state water fishery that
was allowed under the original Magnuson Stevens Act. It was
successful at the beginning of the Knowles administration. "It
has been a fantastic fishery for us."
He had a couple of problems with SB 113, however. Most people
started out on boats with mentors; probably 50 percent of the
skippers didn't own the boats they worked on. These skippers
didn't qualify to get IFQs for halibut. That is really what
people mean when they have concerns about dedicated access
privilege. He also wanted to see some way for people to enter
the fishery. Further he stated:
What isn't known about the three-mile limit is that
under Magnuson Stevens, the state could have taken 12
miles. If there's going to be a rational deep
discussion before this committee, I would like this
committee to ask that question - Why didn't the state
go for 12 miles?
5:10:22 PM
CHAIR SEEKINS clarified that under Alaska law "persons" includes
people, corporations and partnerships. He asked if that was the
intent of the use of the word in this bill.
SENATOR BEN STEVENS replied yes.
CHAIR SEEKINS told Mr. Milligan that the definition of "person"
includes skippers.
5:16:27 PM
SENATOR BEN STEVENS highlighted page 5, number 4 that indicates
past landings are credited solely or partially to the interim
permit holder, the entry permit holder, the vessel owner or the
commercial fishing license holder. He emphasized that no one is
excluded in the consideration of this plan. He concluded saying
that he looked forward to the next hearing.
CHAIR SEEKINS adjourned the meeting at 5:18:40 PM.
| Document Name | Date/Time | Subjects |
|---|