Legislature(1995 - 1996)

02/03/1995 03:45 PM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   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.                                            
                                                                               

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