Legislature(2019 - 2020)BUTROVICH 205
04/29/2019 05:30 PM Senate RESOURCES
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| Audio | Topic |
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| Start | |
| SB90 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 90 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 29, 2019
5:29 p.m.
MEMBERS PRESENT
Senator Chris Birch, Chair
Senator John Coghill, Vice Chair
Senator Cathy Giessel
Senator Lora Reinbold
Senator Click Bishop
Senator Scott Kawasaki
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 90
"An Act relating to the powers of the Alaska Commercial
Fisheries Entry Commission; relating to administrative areas for
regulation of certain commercial set net entry permits;
establishing a buy-back program for certain set net entry
permits; providing for the termination of state set net tract
leases under the buy-back program; closing certain water to
commercial fishing; and providing for an effective date."
- MOVED CSSB 90(RES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 90
SHORT TITLE: COOK INLET: NEW ADMIN AREA; PERMIT BUYBACK
SPONSOR(s): SENATOR(s) MICCICHE
03/13/19 (S) READ THE FIRST TIME - REFERRALS
03/13/19 (S) RES, FIN
03/29/19 (S) RES AT 3:30 PM BUTROVICH 205
03/29/19 (S) Heard & Held
03/29/19 (S) MINUTE(RES)
04/22/19 (S) RES AT 3:30 PM BUTROVICH 205
04/22/19 (S) Heard & Held
04/22/19 (S) MINUTE(RES)
04/29/19 (S) RES AT 5:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR PETER MICCICHE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 90.
ACTION NARRATIVE
5:29:02 PM
CHAIR CHRIS BIRCH called the Senate Resources Standing Committee
meeting to order at 5:29 p.m. Present at the call to order were
Senators Bishop, Giessel, Kawasaki, Coghill, Reinbold, Kiehl,
and Chair Birch.
SB 90-COOK INLET: NEW ADMIN AREA; PERMIT BUYBACK
5:29:24 PM
CHAIR BIRCH announced the consideration of Senate Bill 90 (SB
90). He explained that during the previous hearing the committee
adopted a committee substitute, version R, and adjourned the
meeting with Amendment 1 pending.
He asked Senator Giessel if she maintained her motion to adopt
Amendment 1.
SENATOR GIESSEL withdrew Amendment 1.
CHAIR BIRCH asked if she wished to offer Amendment 2.
5:31:01 PM
SENATOR GIESSEL moved to adopt Amendment 2, version R.3.
31-LS0230\R.3
Bullard
4/26/19
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR GIESSEL
TO: CSSB 90(RES), Draft Version "R"
Page 6, lines 4 - 8:
Delete all material and insert:
"(2) provide a shore fisheries lease, an
area registration, a buoy tag, a previous submission
of fishing statistics for the area, or other
documentation proving, to the commission's
satisfaction, that the individual or an immediate
family member of the individual
(A) has held the entry permit that was
reassigned from the Cook Inlet to the administrative
area established under AS 16.43.200(c) since
January 1, 2016; and
(B) actively participated in the
fishery identified by the Department of Fish and Game
as of January 1, 2019, as statistical areas 244-21,
244-22, 244-31, 244-32, 244-41, and 244-42 of the
Upper Subdistrict of the Cook Inlet Central District
within the two years preceding December 31, 2018; and
(3) provide an affidavit to the commission
containing an accurate description of the specific
site used to fish the entry permit; the description
must include, if the site is
(A) leased under AS 38.05.082, the
lease agreement;
(B) leased from a municipality, the
geographic location and boundaries of the leased
tract; and
(C) on unleased public land, a site
survey and other related information that may be
required by the commission; and"
Renumber the following paragraphs accordingly.
Page 6, line 20:
Delete "the information required under (h)"
Insert "all of the information required under
(a)"
Page 7, line 9, following "who":
Insert "fishes the individual's entry permit from
a site"
Page 7, line 10:
Delete "holds a lease"
Insert "leased"
Page 7, lines 11 - 12:
Delete "affected lease under AS 38.05.082"
Insert "description of the lease provided under
(a)(3)(A) of this section"
Page 7, line 13:
Delete "fishes the individual's entry permit from
a tract"
Page 7, line 16:
Delete "(h)"
Insert "(a)(3)(B)"
Page 7, line 25, through page 8, line 2:
Delete all material.
Re-letter the following subsections accordingly.
Page 8, lines 18 - 20:
Delete all material.
Page 8, lines 21 - 22:
Delete all material and insert:
"(k) In this section,
(1) "commission" means the Alaska
Commercial Fisheries Entry Commission established
under AS 16.43.020;
(2) "immediate family member" means
(A) the spouse of an individual;
(B) another individual cohabiting
with an individual in a conjugal relationship
that is not a legal marriage;
(C) a child, including a stepchild
and an adopted child, of an individual;
(D) a parent, sibling,
grandparent, aunt, or uncle of an individual; and
(E) a parent or sibling of an
individual's spouse."
SENATOR REINBOLD objected for discussion purposes.
SENATOR GIESSEL stated that Amendment 2 should make the buyback
program proceed without impinging on its likelihood of success
and accommodate the concerns that some may attempt to game the
system.
SENATOR GIESSEL summarized Amendment 2 as follows:
1. Requires the buyback applicant to have the permit since
January 1, 2016. That is approximately 4 years from the
effective date.
2. Requires the buyback applicant to have actively
participated in the fishery within 2 years preceding
December 31, 2018.
3. Requires the buyback applicant to attach a specific site to
the permit earlier in the lottery process.
• Amendment 2 prevents an applicant with multiple
permits to pick and choose the least desirable sites
for the permit buyback.
She said she believes that these changes will still make the
buyback a successful opportunity. She noted that the definition
for "immediate family" is still very broad and maintains the key
elements that the original bill contained.
CHAIR BIRCH asked Senator Micciche to share his views and
assessment of Amendment 2.
5:34:32 PM
SENATOR PETER MICCICHE, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 90, opined that Amendment 2 more directly
meets the intent of the maker of the amendment. The 10-year
requirement in Amendment 1 was difficult for several reasons.
The four-year requirement is approximately when the legislation
started being seriously discussed.
He said he likes the family exclusion because, "That's where a
lot of these permits go and shouldn't be considered as a part of
the limiting factors."
SENATOR MICCICHE summarized that the amendment works and does
not complicate lottery operations or sales. He said he
appreciates that Amendment 2 ties the water and permit together.
He reiterated that it doesn't matter which 200 permits sell, but
the amendment more clearly lays out how the buyback works while
meeting the intent.
CHAIR BIRCH thanked Commissioner Putman from the Alaska
Commercial Entries Commission for submitting answers to the
questions that came up during the previous hearing.
SENATOR REINBOLD removed her objection to Amendment 2.
5:36:20 PM
CHAIR BIRCH announced that without further objection, Amendment
2 is adopted.
5:36:31 PM
SENATOR COGHILL moved to report CSSB 90(RES), version 31-
LS0230\R as amended, from committee with individual
recommendations and attached fiscal notes.
CHAIR BIRCH announced that without objection, CSSB 90(RES) moves
from the Senate Resources Standing Committee.
5:37:06 PM
At ease.
5:39:48 PM
CHAIR BIRCH called the committee to back to order.
5:40:03 PM
There being no further business to come before the committee,
Chair Birch adjourned the Senate Resources Standing Committee
meeting at 5:40 p.m.
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