Legislature(1999 - 2000)
04/07/2000 03:20 PM Senate RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE RESOURCES COMMITTEE
April 7, 2000
3:20 p.m.
MEMBERS PRESENT
Senator Rick Halford, Chairman
Senator Robin Taylor, Vice Chairman
Senator Pete Kelly
Senator Jerry Mackie
Senator Lyda Green
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Sean Parnell
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 13
Relating to the membership of the Pacific Salmon Commission.
-HEARD AND HELD
CS FOR HOUSE BILL NO. 108(FIN) am
"An Act relating to the use, operation, and regulation of boats;
establishing a uniform state waterway marking system; and providing
for an effective date."
-HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SJR 13 - See Resources Committee minutes dated 3/17/99 and 3/22/99.
HB 108 - No previous Senate action.
WITNESS REGISTER
Ms. Loretta Brown
Staff to Senator Jerry Ward
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified for the sponsor of SJR 13
Mr. Joe Malatesta, Sr.
No address provided
POSITION STATEMENT: Supports SJR 13
Ms. Sue Aspelund, Executive Director
Cordova Fishermen United
PO Box 939
Cordova, AK 99574
POSITION STATEMENT: Supports SJR 13
Mr. Herman Fandel
702 Lawton Dr.
Kenai, AK 99611
POSITION STATEMENT: Opposed to SJR 13
Ms. Karen McGahan
PO Box 555
Homer, AK 99603
POSITION STATEMENT: Did not comment on either piece of legislation.
Mr. Dale Bondurant
31864 Moonshine Dr.
Soldotna, AK 99669
POSITION STATEMENT: Did not comment on either piece of
legislation.
Mr. Don Johnson
PO Box 876
Soldotna, AK 99669
POSITION STATEMENT: Opposed to the proposed committee substitute
for SJR 13.
Mr. Paul Shadura
PO Box 1632
Kenai, AK 99611
POSITION STATEMENT: Supports the proposed committee substitute for
SJR 13.
Mr. David Martin
71605 Sterling Hwy.
Clam Gulch, AK 99568
POSITION STATEMENT: Supports SJR 13
Mr. Gerry Merrigan
Petersburg Vessel Owners Association
PO Box 232
Petersburg, AK 99833
POSITION STATEMENT: Opposed to the provision in SJR 13 that
increases the membership of the Pacific Salmon Commission.
Mr. Mark Ducker
23258 S. Cohoe Loop Rd.
Kasilof, AK 99610
POSITION STATEMENT: Supports SJR 13
Mr. Arnold Enge
Member of the Northern Panel of the Pacific Salmon Commission
Petersburg, AK 99833
POSITION STATEMENT: Opposed to SJR 13
Mr. Tom Gemmell
United Fishermen of Alaska
211 4th St.
Juneau, AK 99801
POSITION STATEMENT: Took no position on SJR 13
Mr. Jim Becker
Member of the Northern Panel of the Pacific Salmon Commission
Juneau, AK 99801
POSITION STATEMENT: Opposed to increasing the membership of the
Pacific Salmon Commission
Representative Bill Hudson
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 108
Admiral Thomas Barrett
U.S. Coast Guard
PO Box 25517
Juneau, AK 99802
POSITION STATEMENT: Supports HB 108
Ms. Susan Hargis
U.S. Coast Guard
PO Box 25517
Juneau, AK 99802
POSITION STATEMENT: Discussed the boat registration process
Mr. David Thompson
Division of Public Health
Department of Health and Social Services
PO Box 110610
Juneau, AK 99811-0610
POSITION STATEMENT: Supports HB 108
Ms. Sharon Lobaugh
Alaska Safe Kids
3340 Fritz Cove Rd.
Juneau, AK 99801
POSITION STATEMENT: Supports HB 108
Mr. Chuck Hosack, Deputy Director
Division of Motor Vehicles
Department of Administration
3300 B Fairbanks St.
Anchorage, AK 99503
POSITION STATEMENT: Discussed fiscal note and placement of boating
safety program in DNR
Mr. Don Sherwood
1640 Brink Dr.
Anchorage, AK 99504
POSITION STATEMENT: Supports HB 108
Mr. Mike Folkerts
Chair, Alaska Boating Safety Advisory Council
23739 Sunny Glen Drive
Eagle River, AK 99577
POSITION STATEMENT: Supports HB 108
Mr. Alan Parks
Homer, AK 99603
POSITION STATEMENT: Supports HB 108
Mr. Mako Haggerty
PO Box 2001
Homer, AK 99603
POSITION STATEMENT: Supports HB 108
Mr. Roger McCampbell
PO Box 321
Homer, AK 99603
POSITION STATEMENT: Supports HB 108
ACTION NARRATIVE
TAPE 00-20, SIDE A
Number 001
CHAIRMAN HALFORD called the Senate Resources Committee meeting to
order at 3:20 p.m. Present at the call to order were Senators
Mackie, Green, Pete Kelly, and Chairman Halford.
SJR 13-AK NATIVE ON PACIFIC SALMON COMMISSION
CHAIRMAN HALFORD announced that the committee would take testimony
on a proposed committee substitute (CS) for SJR 13 but, because
Senator Ward was called out of town, no action would be taken on
the legislation at this time.
LORETTA BROWN, aide to Senator Jerry Ward, sponsor of SJR 13,
explained that Senator Ward prepared a CS for SJR 13 which makes
the following changes. A section was added to page 2, beginning on
line 16, which reads:
WHEREAS the Magnuson-Stevens Fishery Conservation and
Management Act on the status of North Pacific Fisheries
Management Council consisting of 11 voting members of which
five members shall be appointed by the United States Secretary
of Commerce from lists of residents of Alaska submitted by the
Governor of Alaska;
MS. BROWN informed committee members that several people were
waiting to address this section via teleconference. She noted Mr.
Malatesta Sr. did some investigative work on this issue. Mr.
Malatesta will address the transcripts of his taped phone
interviews, copies of which were placed in committee members'
packets.
MS. BROWN said the other changes made in the CS are on line 16
through 26 on page 2, and on lines 3 through 9 on page 3.
SENATOR MACKIE asked if those sections ask the Secretary of
Commerce and the Governor to withdraw the appointees.
MS. BROWN said that is correct; they request that the nomination
process re-occur.
CHAIRMAN HALFORD asked Mr. Malatesta to testify.
MR. JOE MALATESTA SR. made the following comments. The Magnuson
Stevens Fishery Act is very important because it was developed for
the United States fishing industry to include bottomfish caught off
of the coast of Alaska. Section 302 specifically requires the
Governor to first consult with all users of the fisheries resource
before making any nominations. Mr. Malatesta said his concern is
with the process used by the Governor to conduct the people's
business and whether the Governor first consulted users about his
nominations. The Governor sent a letter to the Secretary of
Commerce dated March 15, 2000 stating that he met the culpability
requirements. The letter included a list of the names of 107
people he consulted with. Mr. Malatesta said he contacted five
individually named people, five fishing organizations, and the
owners or spokespersons of four processing companies on the list.
All 14 people that he spoke with told him that they had not been
contacted by the Governor or any representative of the Governor's
Office regarding the six nominees.
MR. MALATESTA repeated that the importance of this matter is that
the Governor wrote to the Secretary of Commerce and stated that he
did consult with certain individuals. He said no top executive
officer of any government may make deceiving or false
representations. The response from the Governor's Office is that
the Governor has a lot of leeway but he does not. Mr. Malatesta
said he is so upset because this Administration has been
circumventing the public process for other board appointments, such
as the Board of Fisheries. The Magnuson-Stevens Act contains no
penalty for this misstatement of truth, however when a law is
written and it lacks a penalty clause, it is left to the trier of
facts, perhaps a federal judge, to decide what the penalty shall
be. This Administration will go down in the history of this state
as the worst offender of circumventing the public process.
MR. MALATESTA stated that many people plan to bring their
complaints to the Secretary of Commerce and they may ask for a
review by a special prosecutor. He said his investigation has been
criticized because he randomly chose the individuals he contacted,
but his method was to choose five individual names and five fishing
organizations and all of the processors on the list. He asserted
that he did everything he could to be fair to the Governor. He
noted what upset him most about the Governor's March 15 letter to
the federal government is that the Governor attached the names of
people who provided advice about his nominations to the North
Pacific Fisheries Management Council (NPFMC). Those people were
never contacted.
MR. MALATESTA asked legislators to tell the Governor that they will
not stand for circumventing the public process by supporting SJR
13.
Number 824
SENATOR LINCOLN referred to the transcripts and asked Mr. Malatesta
who he is investigating this matter for.
MR. MALATESTA said he did this investigation on his own behalf but
he noted that when investigative interviews are conducted, one must
make sure that the person being interviewed is aware of the
interviewer's background. He stated he is the investigator for the
law firm of Arthur Robinson and Allan Beiswenger but he conducted
the investigation on behalf of over 150 commercial fishing families
and some Native groups that he does work for regarding fisheries
issues. He noted he is an advocate for jobs and for Alaska's
commercial fishing industry.
CHAIRMAN HALFORD asked testifiers to state support or opposition to
the version before the committee due to time constraints.
MS. SUE ASPELUND, Executive Director of Cordova Fishermen United
(CFU), stated CFU takes its responsibilities regarding appointments
to boards and commissions that regulate the Alaska fishing industry
very seriously. The NPFMC is one of the most important of those
commissions. CFU supports the CS. CFU is well known to the
Governor's Office of Boards and Commissions - they are in frequent
contact. CFU attended the United Fishermen of Alaska (UFA) meeting
in early March. It had prepared its recommendations for the
nominations. CFU members contacted the Governor's Office at that
time and were quite surprised about the disregard shown by the
Governor's Office for CFU's input.
MR. HERMAN FANDEL of Kenai said he owns three sport fishing
associated businesses in the Kenai area. He informed committee
members that about one week ago the Kenai Peninsula Borough
Assembly voted down Resolution 23. That same resolution is now
before legislators [SJR 13] with the intent of preventing the
nomination of a sport fishing representative to the NPFMC. The
sport fishing industry has no representative on this Council at
all. Commercial fishermen are opposing the appointment of one
person to the NPFMC simply because that nominee is a sport
fisherman. This sport fisherman has contributed endless time, work
and money to the protection of Alaska waters and its wild fish
stocks. He is very knowledgeable about Alaska's fisheries and he
will do an excellent job if appointed. He maintained there is more
to SJR 13 than meets the eye. He stated he is very strongly
opposed to SJR 13.
MS. KAREN MCGAHAN, representing herself, informed committee members
she has fished commercially and hopes to afford to do it again
someday. She could not believe that Governor Knowles nominated Bob
Penny for this position as Mr. Penny will act as a "fox in a
henhouse." Mr. Penny's main qualification is that he has a fishing
cabin on the Kenai River and Governor Knowles is often his guest.
His appointment is a nice thank you from Governor Knowles at the
commercial fishermen's expense. This appointment is outrageous and
biased and, if not illegal, it is unethical. She believes Governor
Knowles should withdraw Mr. Penny's name for the nomination.
MR. DON JOHNSON of Soldotna stated he is opposed to the proposed CS
for SJR 13. He views SJR 13 as a racist resolution. He believes
the fact is that someone is asking for an appointee to be on the
Council with a certain kind of ethnic background. He cannot
believe Senator Ward would put forth this legislation for others to
sign on to. A similar resolution was presented to the Kenai
Peninsula Borough one week ago. The Borough Assembly voted the
resolution down twice. The Assembly thought a lot was left to be
desired from Mr. Malatesta's investigative process. He stated the
Governor has no responsibility to speak to everyone in each fishing
group.
MR. BONDURANT, testifying from Kenai, informed committee members
that he attended a three day discussion of the International
Halibut Commission in Anchorage in January related to the halibut
issue. It was apparent that the representation was completely
weighted by commercial fishing participants. The State's trust
responsibility for common use resources is supreme and he was
surprised to hear Dr. Leaman, the Executive Director of the
Commission, state that both the Canadian and U.S. governments have
a robust commitment to the protection of the personal consumptive
users of halibut stocks. Mr. Bondurant said he believes that will
also be the policy when it comes to all the salmon fisheries. The
make-up of the NPFMC has been monopolized by commercial fishing
interests.
MR. BONDURANT maintained that since beach, wildlife and waters have
been recognized as a public trust resource through the centuries,
it would appear to be the responsibility of the trustees,
legislators, to support the rights of the public as a whole and
ensure proper representation for all public interests. This
pending issue must be viewed as an attempt at intimidation hiding
under claims of process violation. If there is to be any disparity
of that obligation of the Council membership as a majority, it
should be in favor of the interests of common personal users. He
offered to make copies available of papers he wrote to the
International Halibut Fisheries Commission, the NPFMC, and the
Alaska Sport Fish Division.
MR. PAUL SHADURA, a Kenai resident, stated support for the proposed
CS for SJR 13. He read a statement from Harry Bader regarding
interstate commerce, which he believes this issue is about. He
believes that the procedures to allow people to comment on the
people who represent them on such an important board should be
open.
MR. DAVID MARTIN said he has been involved in the fish and game
process for about 20 years and was chairman of an advisory
committee. He believes this issue is about using a public process
and knowing who the nominees are. He stated support for SJR 13
because it holds the Governor accountable for what the Magnuson Act
requires.
MR. MARK DUCKER emphasized that the public process is the backbone
of our entire government. In his opinion, he agrees almost
entirely with Mr. Martin in that the public process has been
circumvented in this case.
MR. GERRY MERRIGAN, representing the Petersburg Vessel Owners
Association (PVOA), said he cannot support the portion of SJR 13
related to the membership of the Pacific Salmon Commission as that
would necessitate opening up the congressional amendment
establishing the Act. That Act was recently renegotiated and
amended after a lengthy process. He suggested deleting that
portion of the resolution and moving it forward. PVOA members have
a long history with the NPFMC and have held several seats on it.
From his personal experience, knowing one area of the Southeast
fishery did not prepare him well for his three-year Council seat.
He expressed concern that none of the six nominees advanced by the
Governor were on a list known to the public, therefore
consultations described in the letter to the Secretary of Commerce
did not occur. The preferred nominees will represent a significant
departure from present Council structure and make-up. There has
been no public opportunity to ask or answer questions as to why.
MR. MERRIGAN pointed out that six other people submitted their
names for consideration. All six had some experience with the
Council process, ranging from serving on either the Council, the
Advisory Panel, Council committees, or at the very least, attending
a meeting. None of those names were advanced by the Governor.
Interested parties sought recommendations and endorsed some
applicants and not others, no doubt bruising some feelings
unnecessarily. One of the most insulting aspects of the Governor's
letter is that he said he consulted with the commercial and
recreational fishing interests of the State and he attached a list
of the names of over 100 groups and individuals. Yesterday, he
asked the Governor's Office how many of the groups and individuals
knew that Mr. Benton and Mr. Penny were potential nominees. The
response was honest, "Not many, very few." For these reasons, he
supports SJR 13.
MR. ARNOLD ENGE, a member of the Northern Panel of the Pacific
Salmon Commission for 12 years and a Petersburg resident, said the
Commission just completed a lengthy process to get the Treaty
renegotiated. Legislation will be required to change the make-up
of the Commission. The other parties to the Treaty from Canada and
the Pacific Northwest would insist that there be no change in the
power structure. Since its inception, the representatives on the
Pacific Salmon Commission have done a fine job representing all
people of Alaska. Alaska has been served well by that Commission
during times when Alaska was being ganged up on by others.
Consensus is required on all decisions made by that Commission.
MR. TOM GEMMELL, Executive Director of the United Fishermen of
Alaska, said his testimony is directed at the portion of the CS
that deals with the NPFMC. UFA did not address the other sections
of SJR 13 and deferred to its Southeast member groups to do so. In
UFA's letter [to the Governor] of March 10, UFA endorsed five
nominees for two of the seats and it was aware of two other people
with sport fishing interests who had applied at that time.
According to a printout UFA received from the Boards and
Commissions Office, two applications were received on March 13 and
two final names were received on March 15, the day the Governor
sent a letter to the Secretary of Commerce. UFA had no opportunity
to comment on those four names. He referred to a report published
by the Secretary of Commerce in January, 2000. In that report the
Secretary of Defense commented, "In consideration of the strongly
competitive commercial fishing and environmental interests in the
North Pacific fisheries, the current balance of inshore-offshore
gear groups and ecosystem representation should be maintained to
meet the apportionment requirements of the Magnuson Stevens Act."
MR. GEMMELL asked to correct a comment made previously and stated
that two people who represent sport and charter interests sit on
the NPFMC Advisory Panel. The halibut issue has been ongoing since
1993 and representatives of the sport fishing industry were heavily
involved in the committee work and elsewhere. One Council member,
Mr. Kyle, has been designated by the Governor to carry the ball for
the sport-charter fishermen. UFA is not opposed to changing the
representation of the Council, but it wants the process to be
public so that it can comment. The Governor's process only allowed
user groups to comment directly to the Secretary of Commerce. UFA
would prefer that discussions be held in Alaska first.
SENATOR MACKIE stated that some of the Southeast fishing
organizations testified at a previous hearing in strong opposition
to SJR 13 and gave compelling testimony about why the make-up of
the Pacific Salmon Commission should not be changed. He asked why
UFA has taken no position on that issue.
MR. GEMMELL replied that issue was brought up at the October UFA
meeting but UFA only takes positions on statewide issues.
SENATOR MACKIE remarked that he finds himself in a dilemma because
he thought the arguments made about the make-up of the Pacific
Salmon Commission by the Southeast fishing groups were compelling
yet that portion of SJR 13 has not been changed by the CS. He said
he recognizes UFA's dissatisfaction with the Governor over the
process used but the other problem remains. He questioned why UFA
has not looked at the make-up of the Commission.
MR. GEMMELL said this issue only came up last week and he has not
had time to poll the UFA board yet.
Number 2036
SENATOR TAYLOR noted the Governor's March 15 letter lists UFA as
the second organization that provided advice on his appointments.
MR. GEMMELL stated UFA met on April [March] 8 and he signed a
letter dated April [March ] 10 from the Board that named the people
it supported. He pointed out that the Governor stated, in his
letter to the Secretary of Commerce, that UFA provided advice. The
word "consulted" was not used. Mr. Gemmell noted UFA had no
opportunity to comment on the six names that went forward.
MR. JIM BECKER, a member of the Northern Panel of the Pacific
Salmon Commission and an interim member of the newly formed
Transboundary River Panel, made the following comments about the
part of SJR 13 that requests an additional commissioner to
represent Alaska Native issues. The Northern Panel opposes that
part of the resolution because it sees no need to add a new
commissioner. Opening up the whole process would be very
cumbersome. Alaska is well represented on the Pacific Salmon
Commission. One phenomenon is that all of the gear groups that
represent Alaska speak together with a unified voice before the
Pacific Salmon Commission. One Alaskan already sits on the panel,
and he has input on all of Alaska's positions with respect to the
treaty issues. The Southern Treaty tribes have their own
commissioners because they share harvest authority with their
respective states. That situation does not exist in Alaska. A
ten-year treaty has just been negotiated with Canada which provides
Alaska with stability with respect to harvest sharing among
fisheries. Alaska cannot just unilaterally add a new commissioner
to the Northern Panel. Alaska has an internal issue of subsistence
and Canada has an internal issue with its First Nation Settlement.
Those issues are not normally dealt with on the treaty level. He
noted that Mr. Dave Benton, who is on the Commission right now,
does an excellent job representing all of the interests in the
State of Alaska.
CHAIRMAN HALFORD thanked all participants and announced that SJR 13
would remain on the table. The committee then took up HB 108.
HB 108-USE, REGULATION, AND OPERATION OF BOATS
REPRESENTATIVE BILL HUDSON, sponsor of HB 108, gave the following
overview. HB 108 will establish a comprehensive recreational
boating safety program in Alaska. It will transfer vessel
registration from the U.S. Coast Guard to the Alaska Division of
Motor Vehicles (DMV), allowing persons to register a boat at any
DMV office by mail, on-line, or with boat dealers. Regulatory
authority for boat safety equipment required by federal and, in
some cases, state statute would essentially remain the same. The
bill specifies required safety equipment for boats by class and
updates the standards for life jackets. No new state money will be
required; the program will be paid for with Wallop/Breaux funds,
the registration fees collected by DMV, and the reimbursement of
federal marine taxes. The emphasis of HB 108 is on educating
people about boating safety. Alaska has no way to go but up as it
already suffers ten times the national average of marine recreation
deaths. Every other state has established a similar program and
most have cut their marine fatality rates in half.
TAPE 00-20, SIDE B
REPRESENTATIVE HUDSON continued. With the longest coastline in the
United states and more lakes, rivers and streams, Alaska should
want to prepare its citizens with the best knowledge and equipment
available to save lives. He envisions a program in which the State
partners with the U.S. Coast Guard Auxiliary. He does not envision
a huge new bureaucracy. He is absolutely convinced that HB 108
will save lives.
REPRESENTATIVE HUDSON discussed the changes made in the proposed
Senate Resources Committee substitute. First, the exemption for
non-mechanical boats was removed on page 10, line 13. He stated
that HB 108 originally included small boats. About half of the
states include them. The Coast Guard does not require registration
for small boats because it focuses on power boats which present
more serious hazards, such as explosions and fires. He pointed out
that many drowning fatalities in Alaska occur from travel in
canoes, kayaks, and other small craft. The House desired to remove
small craft from mandatory registration but to allow voluntary
participation. The Senate Resources CS also removed, on page 9,
line 1, the phrase, "ten foot or greater in length." When drafting
the bill, he chose that length because many recreational boaters
carry small shuttle boats on their power boats. He recommended
putting that phrase back in the bill.
SENATOR MACKIE asked Representative Hudson if that is the only
change in the CS that he takes exception to.
REPRESENTATIVE HUDSON replied there are three changes that he
disagrees with. He said the exemption for non-mechanical boats is
the committee's call. He cautioned that issue was contentious on
the House side so it may be difficult to get the House to agree to
the change. He personally does not believe that non-mechanical
boats fall into the same class as power boats which deal with fires
and explosions but he repeated that is a policy call.
SENATOR MACKIE asked if non-mechanical boats will have to be
registered under the CS.
REPRESENTATIVE HUDSON said that is correct.
CHAIRMAN HALFORD indicated two questions are being discussed and
that he agrees with Representative Hudson that boats ten feet or
smaller should be exempt. He said the problem is that about one-
third of the fatalities occur when people are boating in the
smaller class of boats. He noted that he has been contacted by
power boat associations who do not like the bill but feel strongly
that if enacted, it should apply to all boaters.
SENATOR MACKIE asked if exempting boats ten feet or smaller will be
a half-way point.
CHAIRMAN HALFORD stated it will at least remove some of them.
REPRESENTATIVE HUDSON clarified that would exempt any vessel under
ten feet without power from the registration requirements. Any
boat ten feet or longer will have to have a decal and be registered
every three years like power boats.
CHAIRMAN HALFORD noted the difference is between a dinghy and a
canoe. Most people carry dinghies on their power boats that are
less than ten feet but canoes and kayaks are usually longer than
ten feet.
REPRESENTATIVE HUDSON said leaving the exemption for boats ten feet
or smaller would give some relief. He stated the next area of
concern, which he believes is a policy call, is placing the
authority for this program with the Department of Public Safety
(DPS) rather than the Department of Natural Resources (DNR). He
pointed out that the original boating safety program in Alaska,
which is in statute, requires life saving equipment and reporting.
That program was originally under the purview of DPS but Governor
Knowles transferred it to DNR's Division of Parks in 1998. The
Coast Guard will give the State the authority to manage this
program regardless of which department it is housed in. He felt
DNR is more appropriate because the emphasis of the program is on
education rather than enforcement.
SENATOR MACKIE asked if the proposed CS recommends placing the
program in DPS and what position DPS has taken.
CHAIRMAN HALFORD said it would be housed in DPS and that DPS does
not want the program without the money. He indicated that his
constituency has expressed concern that placing the program under
the Division of Parks will give that division enforcement authority
over all navigable waters in the State.
REPRESENTATIVE HUDSON responded that the bill contains specific
language that prevents any provision in the bill from being used to
deny access. It also includes a provision that requires boarding
by enforcement agents to be based on probable cause. Under current
law, agents can board without probable cause. The penalty
provision was also changed so that a judge will establish the fee.
He said he reached pretty far to try to satisfy many concerns. He
could not change Section (g) on page 9 to provide life time
registration because federal law requires that registration be for
no longer than three years. He repeated that, as far as he is
concerned, the new provision regarding the non-mechanical boats is
a policy call and it would not prevent the program from being
implemented as long as he can get the votes on the House side. The
House chose to provide that exemption and to offer voluntary
registration because many groups of paddlers who testified were in
favor of being in the program.
SENATOR MACKIE asked Representative Hudson his opinion of putting
the program in DPS.
REPRESENTATIVE HUDSON answered he prefers DNR. He wants to keep
the program educational plus, while the bill was on the House side,
the possibility of DPS was not raised so House members never had
the opportunity to hear from DPS about how it would administer the
program. He added that DMV will be able to take care of the
registration. The bill requires 75 percent of the federal marine
taxes that will be returned to the State to be spent on boating
safety education in an effort to limit the bureaucracy. In
addition, the bill only provides for five positions to administer
the program; three employees to register boats at DMV and a program
director and assistant. He noted that he can live with the change
to DPS and the provision requiring registration of boats under ten
feet, but he cannot live with the life time registration because
that will kill the bill. Regarding approval by the Coast Guard,
Representative Hudson said it has approved the preliminary plan
that he put together. The Coast Guard laid out the parameters the
State will have to meet.
CHAIRMAN HALFORD noted the three differences in the proposed CS are
the change to DPS, perpetual registration, and required
registration for all boats versus power boats versus boats over ten
feet. He pointed out that a commercial trailer using the highway
can be registered for life at a cost of $10 but a canoe with an
electric outboard will have to register every three years because
of a federal requirement. He was interested in getting the Coast
Guard to agree to long term registration as a condition of
establishing the program.
REPRESENTATIVE HUDSON said, from his professional experience in the
Coast Guard, he believes the three year registration system will
provide a search and rescue tool. To identify a boat with an
owner, registrations need to be updated. The Coast Guard has always
limited registration length to no more than three years because it
wants to keep the information that ties the owner to the boat
current.
CHAIRMAN HALFORD said he does not disagree with that idea, but
Alaska has less than 50 percent participation in boat registration,
particularly in rural Alaska. He noted the $600,000 that will come
from registration fees is now in the hands of Alaskans because they
do not comply. That amount will double if a state program is
enforced.
Number 1502
ADMIRAL THOMAS BARRETT, U.S. Coast Guard, discussed the following
points. HB 108 will affect every region of Alaska. About half of
the drowning deaths in Alaska happen on the coast, the other half
happen on inland waters. He asked legislators to consider the fact
that prior to passage of the Fishing Vessel Safety Act in 1994,
deaths in the fishing industry each year were double what they are
now. That experience suggests that if the Legislature passes safe
boating legislation, a reduction in the number of recreational
boating fatalities will occur. The price of that success will be
the cost and the registration requirement. The Coast Guard has no
discretion over the length of the registration period; the three
year limit is written in the federal Boat Safety Act. The public
policy reason for that three year requirement is the need for
current information to make this program successful. Admiral
Barrett recounted a recent incident in which a Coast Guard cutter
travelling South from Kodiak in March sighted an overturned skiff
on the beach. Coast Guard personnel investigated and surmised that
the boat had been there for awhile, however had the boat recently
washed up, with no registration information the Coast Guard could
not have followed up on that accident. That type of event is not
uncommon in Alaska.
ADMIRAL BARRETT said about 23 states provide for three-year
registration programs while about 20 provide for one-year
registration and some for two years. Six states provide for
registration periods from one to three years, at the option of the
owner. He thanked committee members for considering HB 108 as it
will help the citizens of Alaska for many years to come.
Number 1231
SENATOR MACKIE asked Admiral Barrett to comment on the exemption
for non-mechanical boats or boats under ten feet.
ADMIRAL BARRETT responded that about half of the states exempt
smaller boats. The Coast Guard's regulations apply to motorized
craft with no length restriction because motorized craft tend to
operate on bigger water and have a fire and explosion risk. He
pointed out that Representative Hudson is correct in that one-third
of the drowning deaths from recreational boating in Alaska happen
in non-motorized craft. He felt the exemption for boats under ten
feet addresses the concern about the dinghies used by boat owners
to get to and from a moorage. He felt that question is a state
policy issue.
CHAIRMAN HALFORD said regarding the perpetual registration issue
and search and rescue, the Federal Aviation Administration provides
for perpetual registration of aircraft. He asked why a different
approach is taken by a parallel federal agency. He noted that some
states require annual registration to bring in more money.
SENATOR MACKIE felt it is a given that a revenue stream is
necessary to provide educational programs. He repeated that 75
percent of the income will have to be used for education programs.
He pointed out that the three-year registration requirement was
established by federal law so there is no way to get around that.
CHAIRMAN HALFORD indicated that most people are more concerned
about remembering to register every year rather than the cost of
paying for several years at a time.
SENATOR MACKIE commented that having grown up around the water, he
has participated in many search and rescues so he can appreciate
the need for updated vessel registrations. He added that in many
cases, the only way to verify whether someone was in distress after
finding a beached boat was to call the home to find out if anyone
was lost. He felt the most important aspect of this bill is the
ability to provide ongoing education for children because he sees
many kids driving skiffs with no life jackets. He noted the issue
of where this program resides is unimportant in light of the need
for the program and the number of lives that can be saved.
Number 946
MS. SUSAN HARGIS, U.S. Coast Guard, informed committee members that
she manages boat registrations statewide, and that she gets about a
ten percent return rate from renewal notices because people move
and she does not get current information. A significant percentage
of the renewal notices are returned with a forwarding address so
she is able to track people down. The three-year registration
period enables her to do that.
MR. DAVID THOMPSON, Division of Public Health (DPH), Department of
Health and Social Services, said DPH wishes to go on record in
support of HB 108. Alaska's rate for unintentional drowning death
is the highest in the nation, and ten times the national average.
The comprehensive and statewide boating safety program is expected
to drive this rate down and save the lives of numerous Alaskans.
DPH became involved in the Kids Don't Float program in 1997. That
program has expanded to 170 sites around the state and is credited
with saving four lives. DPH also applauds the efforts of the
Tanana Chiefs Conference, the Yukon Kuskokwim Health Corporation
and other Native organizations for making float coats available in
rural areas and promoting their use. DPH pledges to continue to
support health and safety programs geared toward drowning
prevention.
Number 803
MS. SHARON LOBAUGH, Alaska Safe Kids, thanked Representative Hudson
for sponsoring HB 108 as she feels passionate about this issue.
Alaska Safe Kids is the only organization in the nation organized
to prevent childhood injuries. Alaska's program is tied to
National Safe Kids, which has corporate sponsors and several
thousand chapters. Data shows that more children die from
injuries, not disease. Alaska Safe Kids strongly supports HB 108
because drowning is a major reason for child fatalities. After
hearing testimony and debate on HB 108 in the House, she learned of
the large number of people who have had some personal experience
with fatalities from drowning. She discussed the public's
enthusiasm at the start of the Kids Don't Float program in Homer
and incidents in which this program saved lives.
CHUCK HOSACK, Deputy Director of DMV, stated the fiscal note passed
by the House only applies to power boats. If HB 108 passes,
approximately 75,000 boats will have to be registered. If the
Legislature adds the provision requiring non-powered boats to
register, the number of required boats will increase to 100,000
which will have a significant impact on the fiscal note. It will
increase DMV's workload but it will also increase revenue by about
$333,000 per year. He suspects that if a one-year registration
period is offered, most people will choose that rather than pay for
three years at a time. The snowmachine registration program allows
for either a two, four, or six-year registration period. Of the
23,000 registered snow machines, only four owners opted for the
four-year registration and, as of December, no one opted for the
six-year registration. He favors a three-year registration period
because if the period is longer people will not update their
addresses. The registration expiration date provides a means to do
that, even if boats change ownership within the three-year period.
He offered to answer questions.
CHAIRMAN HALFORD asked if the fiscal note Mr. Hosack was speaking
to applied to the version of HB 108 that went to the House floor
before it was amended.
MR. HOSACK said it is.
CHAIRMAN HALFORD explained that fiscal note would then apply to the
proposed CS before the committee.
MR. HOSACK said that version had additional positions to cover the
registration of non-powered boats.
CHAIRMAN HALFORD asked if the House version, before it was amended
on the House floor, exempted boats under ten feet in length.
MR. HOSACK said that is correct.
TAPE 00-21, SIDE A
MR. DON SHERWOOD, a boater in Alaska for over 30 years, stated he
believes the authority for this program should be moved from DNR to
DPS because of DNR's record of limiting and restricting access to
state waters and lands. Second, regarding registration, he thinks
if all boaters are going to use this program, all should pay. He
has rescued non-motorized boats with no registration numbers which
encouraged searches that did not need to happen. He believes
Alaska needs a Boating Safety Act and he asked committee members to
consider his suggestions and pass the legislation.
Number 131
MR. MIKE FOLKERTS, Chairperson of the Alaska Boating Safety
Advisory Council, made the following points. The federal money for
this bill and the State match will not go into the general fund.
This means users will definitely be getting the benefit of their
money. Much of this bill already exists in federal and state
statutes. HB 108 will give the State the authority to promulgate
regulations and it will give oversight authority to the Boating
Safety Council. Enactment of HB 108 will greatly reduce the number
of drowning deaths in Alaska by providing money for education,
money that Alaska now sends to other states. He asked the
committee to pass HB 108.
MR. ROGER MCCAMPBELL, a resident of Homer, said he was speaking on
his own behalf although he has worked for DNR for 12 years and did
search and rescue work for the federal government for 15 years. He
supports HB 108 but believes the program should be housed in DNR as
the focus of the program is on education. DNR has been
administering an educational program for the past three years.
MR. ALAN PARKS, a commercial fisherman, stated support for HB 108.
He noted when the Commercial Fishing Vessel Safety Act was enacted,
industry people were apprehensive about it but they have found that
it contained practical requirements that work. In 1997, his boat
rolled over and sank. Had he not been trained to operate his
safety equipment, he would not be alive today. He favors placing
the program in DNR and asked committee members to pass HB 108.
MR. MAKO HAGGERTY, a water taxi operator in Kachemak Bay, thanked
Representative Hudson for all of the work he has done on this bill
and asked committee members to support it. Many of the foolish
activities that occur on the water could be curtailed with
education rather than enforcement. He believes that DNR is the
better agency to oversee the program.
Number 903
CHAIRMAN HALFORD noted the Department of Administration runs the
registration part of the program and that the other two parts of
the program are education and enforcement. He repeated that he has
no problem with DNR administering the education part of the program
but his constituents are very concerned about DNR having
enforcement authority over all navigable waters in the State. He
asked if there is a way to separate the education and enforcement
components of the program.
REPRESENTATIVE HUDSON responded that separating the two components
would work within the memorandum of understanding with the Coast
Guard. He indicated the question of who can board and enforce came
up on the House side. He was told that under current law, any
peace officer, including Fish and Wildlife Protection officers and
Coast Guard officers, are authorized to enforce the law. He asked
for a little time to work on some language to address Chairman
Halford's concern.
SENATOR MACKIE said that most people in his communities would not
recognize a State park ranger because they are surrounded by
federal land therefore, if a park ranger tried to enforce this
program, a serious misunderstanding could occur. He agreed that
splitting the two components among DNR and DPS is a good idea.
Regarding the lifetime registration, Senator Mackie said he favors
the three-year registration period. He asked Chairman Halford if
his intention is to tighten the bill by including boats under ten
feet.
CHAIRMAN HALFORD replied that he is proposing to include all boats
as the original House version did in response to his constituents'
concerns. His main concern is the issue of the lifetime
registration but if that provision is forbidden by federal law,
changing it will not work. He believes the FAA does very well at
locating and identifying airplanes and it offers a lifetime
registration. The FAA periodically sends out activity reports to
registrants asking for updated information. He suggested
continuing to push for the lifetime registration and including a
sunset provision in the bill to give the Coast Guard an incentive
to get the federal law changed. He stated in reality, two-thirds
of the areas in which the most drownings occur will not have any of
these programs or enforcement no matter who administers the program
because those areas are rural.
SENATOR MACKIE asked Chairman Halford his intention regarding the
requirement to register non-powered boats over ten feet in length.
CHAIRMAN HALFORD said that will remain in the bill.
REPRESENTATIVE HUDSON said he would work on language to separate
the enforcement function and place it in DPS.
There being no further business to come before the committee,
CHAIRMAN HALFORD adjourned the meeting at 5:20 p.m.
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