03/05/2004 03:35 PM Senate RES
| Audio | Topic | 
|---|
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         March 5, 2004                                                                                          
                           3:35 p.m.                                                                                            
TAPE(S) 04-21, 22                                                                                                             
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Scott Ogan, Chair                                                                                                       
Senator Thomas Wagoner, Vice Chair                                                                                              
Senator Ben Stevens                                                                                                             
Senator Kim Elton                                                                                                               
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Fred Dyson                                                                                                              
Senator Ralph Seekins                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 312                                                                                                             
"An Act relating  to natural gas exploration  and development and                                                               
to  nonconventional gas,  and amending  the  section under  which                                                               
shallow natural  gas leases may  be issued; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
          BILL HEARING POSTPONED                                                                                                
                                                                                                                                
SENATE BILL NO. 282                                                                                                             
"An  Act  relating  to  the identification  of  finfish  in  food                                                               
products and  to the misbranding  of food products  consisting of                                                               
or containing finfish."                                                                                                         
                                                                                                                                
     MOVED CSSB 282(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 347                                                                                                             
"An Act  relating to  moratoria on entry  of new  participants or                                                               
vessels into a commercial fishery;  relating to the establishment                                                               
of a  moratorium on  entry of new  vessels into  state groundfish                                                               
fisheries in the Gulf of  Alaska and adjacent state marine water;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     MOVED CSSB 347(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 303                                                                                                             
"An Act relating to the Big Game Commercial Services Board and                                                                  
to the regulation of big game hunting services and                                                                              
transportation services; and providing for an effective date."                                                                  
                                                                                                                                
     MOVED CSSB 303(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 282                                                                                                                  
SHORT TITLE: RESTAURANTS ETC DISCLOSE WILD/FARMED FISH                                                                          
SPONSOR(s): SENATOR(s) ELTON BY REQUEST OF SALMON INDUSTRY TASK                                                                 
FORCE                                                                                                                           
                                                                                                                                
01/28/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/28/04       (S)       RES, FIN                                                                                               
03/03/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/03/04       (S)       Scheduled But Not Heard                                                                                
03/05/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 347                                                                                                                  
SHORT TITLE: COMM. FISHING MORATORIA, INCL. AK GULF                                                                             
SPONSOR(s): SENATOR(s) STEVENS B BY REQUEST                                                                                     
                                                                                                                                
02/16/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/16/04       (S)       RES                                                                                                    
03/03/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
03/03/04       (S)       Heard & Held                                                                                           
03/03/04       (S)       MINUTE(RES)                                                                                            
03/05/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 303                                                                                                                  
SHORT TITLE: BIG GAME SERVICES & COMM. SERVICES BD                                                                              
SPONSOR(s): RULES BY REQUEST OF LEG BUDGET & AUDIT                                                                              
                                                                                                                                
02/06/04       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/04       (S)       RES, FIN                                                                                               
02/20/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/20/04       (S)       Heard & Held                                                                                           
02/20/04       (S)       MINUTE(RES)                                                                                            
02/27/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/27/04       (S)       Heard & Held                                                                                           
02/27/04       (S)       MINUTE(RES)                                                                                            
03/05/04       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Kristin Ryan, Director                                                                                                      
Division of Environmental Health                                                                                                
Department of Environmental Conservation                                                                                        
410 Willoughby                                                                                                                  
Juneau, AK 99801-1795                                                                                                           
POSITION STATEMENT: Supports SB 282 with changes.                                                                             
                                                                                                                                
Ms. Elise Hsieh,                                                                                                                
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 282.                                                                                     
                                                                                                                                
Mr. Ed Dersham                                                                                                                  
Alaska Board of Fisheries                                                                                                       
POSITION STATEMENT: Commented on SB 347.                                                                                      
                                                                                                                                
Mr. Henry Webb, Staff                                                                                                           
Legislative Budget and Audit                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Commented on SB 303.                                                                                      
                                                                                                                                
Representative Ralph Samuels                                                                                                    
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsored SB 303.                                                                                         
                                                                                                                                
Mr. Paul Johnson                                                                                                                
Juneau AK                                                                                                                       
POSITION STATEMENT: Supports SB 303.                                                                                          
                                                                                                                                
Mr. Pat Carter                                                                                                                  
Alaska Professional Hunting Guides                                                                                              
POSITION STATEMENT: Commented on SB 303.                                                                                      
                                                                                                                                
Mr. Robert Hardy                                                                                                                
Unidentified                                                                                                                    
POSITION STATEMENT: Opposes SB 303.                                                                                           
                                                                                                                                
Mr. Dick Rorick                                                                                                                 
Kodiak AK                                                                                                                       
POSITION STATEMENT: Supports SB 303.                                                                                          
                                                                                                                                
Mr. Matt Robus, Director                                                                                                        
Division of Wildlife Conservation                                                                                               
Department of Fish & Game                                                                                                       
PO Box 25526                                                                                                                    
Juneau, AK  99802-5226                                                                                                          
POSITION STATEMENT: Commented on SB 303.                                                                                      
                                                                                                                                
Captain Howard Starbard, Commander                                                                                              
Alaska Bureau of Wildlife Enforcement                                                                                           
5700 E. Tudor Rd.                                                                                                               
Anchorage AK 99507-1225                                                                                                         
POSITION STATEMENT: Supports SB 303.                                                                                          
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 04-21, SIDE A                                                                                                            
                                                                                                                                
        SB 282-RESTAURANTS ETC DISCLOSE WILD/FARMED FISH                                                                    
                                                                                                                                
CHAIR SCOTT  OGAN called the Senate  Resources Standing Committee                                                             
meeting  to  order at  3:35  p.m.  Present were  Senators  Thomas                                                               
Wagoner, Ben  Stevens, Kim  Elton and  Chair Scott  Ogan. Senator                                                               
Georgianna Lincoln arrived  at 3:36. The first  order of business                                                               
to come before the committee was SB 282.                                                                                        
                                                                                                                                
SENATOR  KIM  ELTON, sponsor,  said  that  currently finfish  and                                                               
farmed  salmon are  to  be  identified on  the  label for  retail                                                               
businesses. SB  282 extends  that same  notion to  restaurants by                                                               
requiring their  menus to state whether  fish it is selling  in a                                                               
prepared  food  product   is  wild  fish  or   farmed  fish.  The                                                               
definition  of   retail  food   establishments  does   not  cover                                                               
restaurants on cruise ships or  bunkhouses at remote construction                                                               
sites,  but  does include  restaurants  that  serve food  to  the                                                               
general  public and  carts that  sell food  on the  sidewalks and                                                               
streets.                                                                                                                        
                                                                                                                                
SENATOR  ELTON explained  that page  4, line  14, says  that wild                                                               
fish "is  harvested from a river  or an ocean" and  Senator Dyson                                                               
had suggested  inserting "lake".  He noted  that the  fiscal note                                                               
was a  bit of  a surprise to  him, but provides  for a  new staff                                                               
person at the Department of  Environmental Conservation (DEC) for                                                               
restaurant label enforcement. He noted:                                                                                         
                                                                                                                                
     When  we   passed  the   bill  applying   the  labeling                                                                    
     requirements at  the retail level, there  was no fiscal                                                                    
     note. The  difference between that  bill and  this bill                                                                    
     is the  word "may"  and "shall".  I'm working  with the                                                                    
     department to try  and figure out a way that  we end up                                                                    
     with  the  same fiscal  note  we  got when  the  retail                                                                    
     labeling law  was passed.  I would  also note  that the                                                                    
     fiscal note does provide for  an additional position at                                                                    
     DEC and informally through staff  I have been told that                                                                    
     it  doesn't take  a full  position even  though a  full                                                                    
     position  is noted  in  the fiscal  note.  So, I  don't                                                                    
     think it's a big problem, Mr. Chair.                                                                                       
                                                                                                                                
CHAIR OGAN  said he  has a  philosophical problem  with mandating                                                               
that  businesses reprint  menus with  correct labeling  and asked                                                               
Senator Elton if he had any  input from the public about printing                                                               
new menus.                                                                                                                      
                                                                                                                                
SENATOR  ELTON replied  that he  has not  heard from  the private                                                               
sector on how  this would impact their business.  He didn't think                                                               
it would  be a problem, because  farmed fish that is  sold at the                                                               
restaurant level  is labeled as fresh  and is on the  daily menu,                                                               
not the  standard menu.  He said  this isn't  a health  bill, but                                                               
simply a  consumer awareness bill  that fits in with  the country                                                               
of origin labeling being discussed at the federal level.                                                                        
                                                                                                                                
MS.  KRISTIN RYAN,  Director, Division  of Environmental  Health,                                                               
DEC,  said  that  complaint   investigation  would  increase  the                                                               
division's  workload and  she is  working with  Senator Elton  to                                                               
change  that language.  She  anticipates  getting frequent  calls                                                               
from  Alaskans   who  are   concerned  that   restaurants  aren't                                                               
following the rules.  The only other issue she has  with the bill                                                               
is  the definition  of  a food  service  establishment, which  is                                                               
different in SB 282 than in current regulation.                                                                                 
                                                                                                                                
SENATOR WAGONER  asked if  DEC could  include with  their regular                                                               
restaurant inspections  checking menus to make  sure the labeling                                                               
is correct to avoid hiring another person to do that.                                                                           
                                                                                                                                
MS.  RYAN retorted  that her  division does  perform inspections,                                                               
but  not  at the  frequency  that  is  necessary to  insure  food                                                               
safety.                                                                                                                         
                                                                                                                                
CHAIR  OGAN asked  why current  inspections  couldn't verify  the                                                               
source  of the  fish.  "It  would take  another  two minutes  per                                                               
visit."                                                                                                                         
                                                                                                                                
MS. RYAN  replied that  the inspectors could  and would  do that,                                                               
but  there  would  be  many  more  calls  from  the  public  than                                                               
scheduled  inspections  during  which the  information  would  be                                                               
checked.  She  added that  another  bill,  HB  378, would  add  a                                                               
protection  attorney  to  Chapter  17  to  enforce  labeling  and                                                               
misbranding problems that are not health safety issues.                                                                         
                                                                                                                                
MS. ELISE  HSIEH, Department  of Law (DOL),  said the  country of                                                               
origin  labeling [7  USC 16.38(a)(3)]  could possibly  preempt SB
282 if  it passed because it  says that country of  origin notice                                                               
must also  include whether  fish is  wild or  farmed. Legislation                                                               
was already passed  with the USDA creating  regulations that must                                                               
be  in  place  by  September  30,  2004.  The  bill  specifically                                                               
excludes  restaurants,  which  leaves  the  question  of  whether                                                               
Congress  intentionally   made  a  policy  decision   to  prevent                                                               
restaurants  from   constantly  having  to  change   their  menus                                                               
depending on the source of their  fish, which changes from day to                                                               
day. The feds  could argue that consumer interest  in the product                                                               
is  not  enough to  overcome  hindrance  of interstate  commerce.                                                               
These  are  common  arguments  made  in  Congress  for  the  RBSP                                                               
labeling for  milk and different  grades of apples,  etc. Current                                                               
law does  not require labeling of  fish that is wild,  but merely                                                               
says "may" be labeled for wholesale and retail business.                                                                        
                                                                                                                                
SENATOR ELTON said:                                                                                                             
                                                                                                                                
     I would love it if we  were preempted by the feds - for                                                                    
     two reasons.  One is  we don't need  to have  the state                                                                    
     enforce  it.  So  there  is   no  state  cost.  But  my                                                                    
     understanding  is that  the federal  country of  origin                                                                    
     labeling  does  exempt  restaurants.... If  their  regs                                                                    
     cover this, that's great.... But  I think we need to do                                                                    
     it now.                                                                                                                    
                                                                                                                                
He said he  would continue to work  with DEC on use  of the words                                                               
"may", which he thinks is essentially toothless, and "shall".                                                                   
                                                                                                                                
MS. HSIEH  agreed with  his position  and informed  the committee                                                               
that AS 17.20 deals with that issue.                                                                                            
                                                                                                                                
SENATOR ELTON moved, on page 4,  line 14, to add ", lake,". There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
SENATOR WAGONER wanted  to zero out the fiscal note  and move the                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR ELTON assured  committee members that he  would work with                                                               
DEC  on the  inspection issue  no  matter what  happens with  the                                                               
fiscal note.                                                                                                                    
                                                                                                                                
SENATOR  WAGONER moved  CSSB 282(RES)  with attached  fiscal note                                                               
and individual  recommendations. There were no  objections and it                                                               
was so ordered.                                                                                                                 
                                                                                                                                
3:58 - 4:00 p.m. - at ease                                                                                                      
                                                                                                                                
                                                                                                                                
         SB 347-COMM. FISHING MORATORIA, INCL. AK GULF                                                                      
                                                                                                                                
CHAIR SCOTT OGAN announced SB 347 to be up for consideration.                                                                   
                                                                                                                                
SENATOR  BEN STEVENS,  sponsor, informed  members that  after the                                                               
last hearing,  several participants got together  to address some                                                               
of the issues raised during that  hearing. He moved to adopt CSSB
347,  version  Q,   as  the  working  document.   There  were  no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
SENATOR BEN STEVENS explained the  changes made to version Q were                                                               
a result of  discussions among members of the Board  of Fish, the                                                               
Alaska Department  of Fish  and Game  (ADF&G), the  North Pacific                                                               
Fisheries   Management  Council   (NPFMC),   and  some   industry                                                               
representatives.  First,  references  to the  Eastern  Gulf  were                                                               
removed from  the bill. The  second change of substance  was made                                                               
on  page 9,  lines 27  and  28, regarding  uncertainty about  the                                                               
permitting and the  cost of permits. An agreement  was worked out                                                               
for a single fee  for the trawl fishery and a  single fee for the                                                               
pot or longline fishery.                                                                                                        
                                                                                                                                
The third  change on page  9, lines 30 -  31, gives the  Board of                                                               
Fisheries, the  Commercial Fisheries Entry Commission  (CFEC) and                                                               
the  various  management  agencies  the ability  to  explore  and                                                               
develop  limited  entry  or other  management  options,  but  any                                                               
proposal  must  be  brought  before   the  Legislature  prior  to                                                               
implementation. He said he believes  all parties are in agreement                                                               
with these changes.                                                                                                             
                                                                                                                                
CHAIR OGAN asked where the  constitutional amendment provision is                                                               
located.                                                                                                                        
                                                                                                                                
SENATOR BEN  STEVENS said it  is on the top  of page 10.  He told                                                               
members:                                                                                                                        
                                                                                                                                
     We just wanted  to say emphatically that if  any of the                                                                    
     options for management require  any sort of legislative                                                                    
     change or any constitutional  change, that it will come                                                                    
     back to us for consideration of the members....                                                                            
                                                                                                                                
SENATOR  ELTON stated  his appreciation  for the  process Senator                                                               
Stevens  used   to  develop   the  committee   substitute,  which                                                               
reflected concerns expressed by the public.                                                                                     
                                                                                                                                
CHAIR  OGAN asked  for an  explanation of  what this  legislation                                                               
would fix.                                                                                                                      
                                                                                                                                
SENATOR BEN STEVENS deferred to Mr. DERSHAM for an answer.                                                                      
                                                                                                                                
MR.  ED DERSHAM,  Alaska  Board of  Fisheries,  explained that  a                                                               
Board of  Fisheries workgroup has  been working on a  reaction to                                                               
the North Pacific  Fisheries Management Council's rationalization                                                               
of groundfish fisheries in the  Gulf of Alaska for several years.                                                               
That process should be complete in 2005.                                                                                        
                                                                                                                                
     When completed,  it will  leave our  state waters  in a                                                                    
     situation to  where we  can't even  do status  quo, for                                                                    
     example, in  our codfish fishery. We  couldn't continue                                                                    
     to  have our  state  waters fishery,  because with  the                                                                    
     rationalized  federal  waters  adjacent  to  our  state                                                                    
     waters, there would  be a lot of  latent capacity freed                                                                    
     up that could  just move into our  state waters fishery                                                                    
     up... and cause that fishery  to be a much greater race                                                                    
     for fish.  We're trying  to explore  options of  how to                                                                    
     react  to  the  federal  process in  a  way  that  best                                                                    
     protects the  state and our  state waters  fisheries in                                                                    
     all groundfish. In the meantime,  we don't have any way                                                                    
     to get  our arms around  the participants in  the state                                                                    
     water  fisheries  without  a  temporary  moratorium  to                                                                    
     control new  entrants coming in. That's  the reason for                                                                    
     step one of having this temporary moratorium.                                                                              
                                                                                                                                
Any reactionary plan  developed by the Board of  Fisheries or the                                                               
CFEC,   both  working   with  ADF&G,   would   come  before   the                                                               
Legislature.  All agencies  support  that  approach, because  any                                                               
allocation scheme  would likely  need clarification. He  said the                                                               
Board would  not be able  to protect the state  waters fisheries,                                                               
even as they exist now, without  some way to stop an onslaught of                                                               
new  entrants  that  would  come  under  federal  rationalization                                                               
without this temporary moratorium.                                                                                              
                                                                                                                                
SENATOR BEN STEVENS  said his brief explanation of  why this bill                                                               
is  necessary  is outlined  in  the  numbers  on the  handout  he                                                               
provided on Wednesday. The number  of participants in the halibut                                                               
fishery  when  the  halibut quota  management  system  was  first                                                               
introduced in 1985 almost doubled by  1991 and, by 1994, when the                                                               
quota system was  implemented, the sable fishery  had almost four                                                               
times the  number of  participants. This  bill will  prevent that                                                               
same  drastic   influx  into   the  fisheries,   thereby  causing                                                               
instability to the participants,  communities, and processors. He                                                               
noted the board has been working  on this issue for two years and                                                               
implementation   may   take  another   two   to   four  years   -                                                               
optimistically.                                                                                                                 
                                                                                                                                
MR.  DERSHAM  recounted  some  concerns  expressed  at  the  last                                                               
meeting by other  testifiers that the state's  interests would be                                                               
diluted by  coordinating the Board  of Fisheries'  decisions with                                                               
those  of the  NPFMC, although  the Board  of Fisheries  has been                                                               
very  clear throughout  this process  that the  actions it  takes                                                               
will be based  on strongly protecting state  authority over state                                                               
waters and  that allocations would be  based on what is  best for                                                               
the economy of Alaska's coastal communities.                                                                                    
                                                                                                                                
CHAIR OGAN asked  if this bill would basically give  the Board of                                                               
Fish  authority to  establish a  moratorium  whenever needed  for                                                               
these particular fisheries.                                                                                                     
                                                                                                                                
MR. DERSHAM said  that is correct. He explained the  bill has two                                                               
parts  - one  gives  CFEC  the authority  it  needs  to work  out                                                               
establishing  a  moratorium.  The  second  part,  beginning  with                                                               
section 9, is  a specific moratorium on  the groundfish fisheries                                                               
in the  Gulf of Alaska to  accomplish the immediate goal  that he                                                               
and Senator Stevens described.                                                                                                  
                                                                                                                                
CHAIR OGAN  asked Mr. Dersham  to respond to criticism  that this                                                               
proposal is  designed to protect  the financial interests  of the                                                               
current participants rather than to protect the resource.                                                                       
                                                                                                                                
MR. DERSHAM  said the  specific moratorium  this bill  seeks does                                                               
not include  the jig  fisheries for  the groundfish  species. The                                                               
board  purposely left  entry in  the jig  fisheries open  for new                                                               
entrants  in  coastal  communities  and  young  people.  The  jig                                                               
fisheries are growing,  but the board believes there  is room for                                                               
additional entrants. "And  it's the lowest [cost]  cod fishery to                                                               
get  into in  the groundfish  fisheries so  we specifically  left                                                               
that open."  He added that the  Board and ADFG believe  they will                                                               
be  facing local  depletion and  probable conservation  issues in                                                               
state waters without the moratorium.                                                                                            
                                                                                                                                
CHAIR  OGAN commented  that  the  20 halibut  per  day limit  for                                                               
subsistence  with no  season limit  would  do more  to deplete  a                                                               
local fishery than anything else.                                                                                               
                                                                                                                                
MR. DERSHAM  revealed that  the Board  of Fisheries  made several                                                               
recommendations  to the  NPFMC to  amend the  subsistence halibut                                                               
fishery in areas  where the 20 fish limit is  in place. Regarding                                                               
Cook Inlet, a  trailing amendment is working its  way through the                                                               
National Marine  Fisheries Service (NMFS)  that should be  on the                                                               
books this summer  that would greatly decrease the  area in which                                                               
that subsistence  halibut limit  would apply.  The board  will be                                                               
meeting with NPFMC later this month  and will be asking when that                                                               
will be implemented.                                                                                                            
                                                                                                                                
SENATOR WAGONER  asked if  the board would  be looking  at quotas                                                               
for specific gear types in  addition to the moratorium. He agreed                                                               
with the  decision to leave  jig fisheries out of  the moratorium                                                               
to allow  people with a limited  budget to get into  that fishery                                                               
and asked  if giving the jig  fishery a percent of  the available                                                               
harvest each year was considered.                                                                                               
                                                                                                                                
MR. DERSHAM  replied that  the current  state waters  cod fishery                                                               
has specific quotas for jigs versus  pots in each area. The board                                                               
is also considering a possible  expansion of the quota that would                                                               
be available  for jig  and new entrants  based on  protection and                                                               
the interest of coastal communities.                                                                                            
                                                                                                                                
SENATOR WAGONER  asked whether  the permit would  be issued  to a                                                               
vessel or  a vessel operator.  He recounted that when  IFQ shares                                                               
for  halibut  were  established,  many halibut  fishers  did  not                                                               
receive  them because  they  fished boats  for  other people.  He                                                               
believes that  was handled incorrectly  and does not want  to see                                                               
that happen again.                                                                                                              
                                                                                                                                
SENATOR BEN  STEVENS answered that  a moratorium is based  on the                                                               
number  of  vessels  participating  in  a  fishery.  The  concept                                                               
Senator Wagoner  referred to  is a  quota of  distribution, which                                                               
would happen during the  rationalization options. The Legislature                                                               
should not be  the one to design the allocation  system. A three-                                                               
year moratorium on these specific  areas gives the CFEC and board                                                               
time to come up with options to bring back to the Legislature.                                                                  
                                                                                                                                
MR. DANA  REED, a Kodiak  jig fisherman, thanked  Senator Stevens                                                               
for initiating  this legislation because  he feels the  state has                                                               
let  the federal  government lead  the way  instead of  shaping a                                                               
state fishery. He opined:                                                                                                       
                                                                                                                                
     And leaving the  jig fishery out of  this moratorium is                                                                    
     absolutely asinine.  It sounds good sitting  from where                                                                    
     you are to let anybody who  wants to fish come into the                                                                    
     only thing that would be  left in this fishery. But I'm                                                                    
     here to  tell you that  the jig  fishery - we  are real                                                                    
     fishermen too  and we've been  at this for a  while and                                                                    
     I'll tell you  who we are, mostly  are salmon fishermen                                                                    
     who don't make  the money we used to, but  we need that                                                                    
     money  to live  here and  my cod  fishery has  become a                                                                    
     very integral  part of the  rest of my income  for this                                                                    
     year. If  it's left  out of  this, it  will be  a mess.                                                                    
     It's  almost  a  mess  already.   You  can  see  almost                                                                    
     everything that floats  now has got jig  machines on it                                                                    
     coming up from  this year. And part of  it's because of                                                                    
     this idea that they better get  in here and get a piece                                                                    
     of  something that  might be  worth  something even  if                                                                    
     they're not going  to make any money doing  it. A group                                                                    
     of us  jiggers have gotten together  and discussed some                                                                    
     of  the possibilities  of how  to remedy  the mess  the                                                                    
     fishery is becoming and what  it would really become if                                                                    
     you put a moratorium...[END OF SIDE A]                                                                                     
                                                                                                                              
TAPE 04-21, SIDE B                                                                                                            
4:25 p.m.                                                                                                                       
                                                                                                                              
MR. REED continued:                                                                                                             
                                                                                                                                
     ...on all  of the  other catching  vessels, but  not on                                                                    
     jiggers. One of the  things with exclusive registration                                                                    
     for  gear  boats  and  fishermen  -  but  that  doesn't                                                                    
     address the  issue of  just a lot  of people  going out                                                                    
     there and  sucking the quota  up and pushing it  into a                                                                    
     derby and turning a commercial fishery into a joke.                                                                        
                                                                                                                                
     It is  a true commercial  fishery and we  thought maybe                                                                    
     something a little more palatable  would be to take our                                                                    
     quota and  give a portion of  that to open access  - 10                                                                    
     percent or  500,000 pounds.  Right now  we were  on 4.5                                                                    
     million  pounds just  split with  the pot  fishery, but                                                                    
     they let  that go over. So  now we're cut down  below 4                                                                    
     million pounds, which  we will address at  the Board of                                                                    
     Fish....                                                                                                                   
                                                                                                                                
     If  there's  going to  be  a  moratorium, you  have  to                                                                    
     include everybody and you have  to realize that jiggers                                                                    
     are  fishermen and  we are  dependent  on that  income.                                                                    
     It's taken us  several years to become  as efficient as                                                                    
     we have. We've  spent a lot of time  and effort getting                                                                    
     into this fishery. If you  leave us out, it's really...                                                                    
     just pushing  us off as  a scapegoat and it's  not fair                                                                    
     and not acceptable. Thank you.                                                                                             
                                                                                                                                
CHAIR  OGAN   thanked  him,  indicated  there   were  no  further                                                               
participants, and closed public testimony.                                                                                      
                                                                                                                                
SENATOR BEN STEVENS summarized:                                                                                                 
                                                                                                                                
     This  bill was  brought by  request from  the industry.                                                                    
     There  were  some  concerns  that  were  met  and  some                                                                    
     concerns were raised on  Wednesday. Some fisheries were                                                                    
     excluded by  request. The Board of  Fish and Commercial                                                                    
     Fisheries Limited Entry  Commission, Department of Fish                                                                    
     and  Game,  the North  Pacific  Council  all have  been                                                                    
     involved  in this  with  industry  participants and  at                                                                    
     this point  I think it's  the development of  a process                                                                    
     that has a  long way to go and I  think that we've done                                                                    
     about  what we  can do  here. I  would suggest  that we                                                                    
     move on to the next step.  This is one of those things,                                                                    
     Mr. Chairman, where - it's just the fish business.                                                                         
                                                                                                                                
SENATOR WAGONER  said at the  last hearing  on this bill,  two or                                                               
three  people called  in expressing  gratitude for  not including                                                               
the jig fisheries in this bill  so the committee has had to weigh                                                               
both sides.  He said if  that issue needs  further consideration,                                                               
that can happen as the bill moves forward.                                                                                      
                                                                                                                                
CHAIR OGAN asked for a description of a jig fishery.                                                                            
                                                                                                                                
SENATOR WAGONER said it involves automatic jigs.                                                                                
                                                                                                                                
SENATOR BEN STEVENS  added that two people could be  working 9 or                                                               
10 machines that run 30 to 50 hooks.                                                                                            
                                                                                                                                
SENATOR WAGONER moved CSSB 347(RES),  version Q, and its attached                                                               
fiscal  notes  from  committee with  individual  recommendations.                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
4:30 - 4:38 - at ease                                                                                                           
                                                                                                                                
          SB 303-BIG GAME SERVICES & COMM. SERVICES BD                                                                      
                                                                                                                                
CHAIR SCOTT OGAN  announced SB 303 to be up  for consideration. A                                                               
motion was  made to  adopt the CSSB  303(RES), version  \D. There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
MR. HENRY WEBB, staff to  Legislative Budget and Audit, said that                                                               
HB 442 and SB  303 are the same bill, but  the markup happened to                                                               
the House bill.                                                                                                                 
                                                                                                                                
CHAIR OGAN  asked him to  review the substantive changes  for the                                                               
committee.                                                                                                                      
                                                                                                                                
MR. WEBB started with  the first change on page 2,  lines 9 - 10,                                                               
which said  the members of  the board would  not be holders  of a                                                               
guide license.                                                                                                                  
                                                                                                                                
CHAIR OGAN asked what private landholder really meant.                                                                          
                                                                                                                                
MR. WEBB  replied that it  means the owner  of a large  amount of                                                               
private land like a Native corporation.                                                                                         
                                                                                                                                
CHAIR OGAN thought the term was too ambiguous.                                                                                  
                                                                                                                                
SENATOR WAGONER said he still had a problem with it, too.                                                                       
                                                                                                                                
REPRESENTATIVE RALPH SAMUELS, sponsor of  HB 442, said the former                                                               
guide board had  a representative from a  Native Corporation with                                                               
large  land holdings  that were  used in  the commercial  hunting                                                               
industry. He offered  to prepare a conceptual  amendment to flesh                                                               
out what  the committee wants  it to mean or  go back to  the old                                                               
definition.                                                                                                                     
                                                                                                                                
SENATOR WAGONER  surmised the intent  was, "used  specifically by                                                               
licensed guides and transporters".                                                                                              
                                                                                                                                
SENATOR ELTON said:                                                                                                             
                                                                                                                                
     We want  to make sure  the private landholders  who are                                                                    
     on this  board do  hold land that  could be  subject to                                                                    
     aircraft  landings  and boats  going  up  and down  the                                                                    
     river  - horseback  crossings. Those  are the  kinds of                                                                    
     people we really want.                                                                                                     
                                                                                                                                
CHAIR  OGAN  said  they  are  talking  essentially  about  Native                                                               
corporations.                                                                                                                   
                                                                                                                                
SENATOR  ELTON  said  he  couldn't   think  of  any  other  large                                                               
landholders who would be impacted.                                                                                              
                                                                                                                                
SENATOR  WAGONER said  he thought  it needed  to be  tightened up                                                               
with a definition.                                                                                                              
                                                                                                                                
REPRESENTATIVE SAMUELS agreed.                                                                                                  
                                                                                                                                
CHAIR OGAN  said the Native corporations,  the University, Mental                                                               
Health Trust lands are the  types of large landholders that could                                                               
be affected by these activities.                                                                                                
                                                                                                                                
SENATOR GEORGIANNA LINCOLN said  Native corporations are a little                                                               
different than what  the committee was talking  about. She didn't                                                               
know if private landholders needed to be defined here.                                                                          
                                                                                                                                
SENATOR BEN STEVENS  surmised that if they start  down that road,                                                               
there would be a long ways to go.                                                                                               
                                                                                                                                
REPRESENTATIVE  SAMUELS broke  in to  say that  the old  language                                                               
says   one  member   who  represents   Native  landholders.   The                                                               
University of  Alaska and Mental  Health Trust lands  hold public                                                               
lands.                                                                                                                          
                                                                                                                                
SENATOR  WAGONER  said he  didn't  mean  to  say they  should  be                                                               
included. He meant to say they are excluded from this.                                                                          
                                                                                                                                
SENATOR LINCOLN asked the committee  about deleting "private" and                                                               
inserting "Alaska Native" on page 2, line 9.                                                                                    
                                                                                                                                
CHAIR OGAN suggested thinking about it and moved on.                                                                            
                                                                                                                                
MR. WEBB said  the next substantive change is on  page 3, lines 6                                                               
- 10.  The Division  of Occupational  Licensing advised  him that                                                               
publishing an  annual roster  is an  outdated practice  and using                                                               
the Internet  would be  more cost effective.  The next  change on                                                               
page 3,  lines 41, through page  4, line 1, offers  the licensing                                                               
exam orally and deletes the need for an explanation for it.                                                                     
                                                                                                                                
CHAIR OGAN  said the  original intent is  that some  people might                                                               
not be able  to pass a written  test, but they would  make a fine                                                               
assistant guide.                                                                                                                
                                                                                                                                
MR. WEBB  said the next  section on page 4,  lines 3 -  10, gives                                                               
the  board some  authority to  deal with  a lot  of the  problems                                                               
the  audit found  like a  code of  ethics and  written contracts.                                                               
Lines 22  - 27 on  page 4 give  flexibility to violations  with a                                                               
tiered approach.                                                                                                                
                                                                                                                                
SENATOR LINCOLN  asked if  a person would  have to  be imprisoned                                                               
for more than five days in order for that to kick in.                                                                           
                                                                                                                                
CHAIR OGAN said that was correct.                                                                                               
                                                                                                                                
MR. WEBB said the  next change was on page 6, lines  6 - 7, which                                                               
provides  some protection  for  the public  with  a selection  of                                                               
bonds,  insurance  or property.  Page  7,  lines  20 -  21,  adds                                                               
"current" before "first aid card".                                                                                              
                                                                                                                                
CHAIR OGAN  moved that as amendment  1 and asked if  CPR [cardio-                                                               
pulmonary resuscitation] should be added.                                                                                       
                                                                                                                                
MR. WEBB  responded that the issue  of what good CPR  would do in                                                               
the  field  without a  defibrillator  had  been discussed  during                                                               
extensive meetings with the department.                                                                                         
                                                                                                                                
     We figured  if you're  living in a  rural area  and you                                                                    
     have  to  come in  and  take  a  CPR class  and  that's                                                                    
     another thing  you have  to do, it  might not  be worth                                                                    
     the expense to some people.                                                                                                
                                                                                                                                
CHAIR OGAN related how a defibrillator saved his life.                                                                          
                                                                                                                                
SENATOR WAGONER  added that  he books a  few remote  charters and                                                               
carries a satellite  phone to call the Coast  Guard if necessary.                                                               
"So,  if  somebody  has  a  heart   attack  on  my  boat  and  we                                                               
immediately call  the Coast  Guard, there's  still a  chance they                                                               
could be saved. It's not a stretch in some cases."                                                                              
                                                                                                                                
SENATOR  LINCOLN asked  if they  were leaving  it as  a "current"                                                               
first aid card.                                                                                                                 
                                                                                                                                
CHAIR OGAN replied that adding  "current" was being discussed. He                                                               
asked  if  there  were  any   objections.  There  were  none  and                                                               
amendment 1 was adopted.                                                                                                        
                                                                                                                                
MR. WEBB  said the  next change  was on  page 8,  lines 19  - 20,                                                               
which provides  another option to  someone who wants to  become a                                                               
Class A assistant guide by passing a board-approved course.                                                                     
                                                                                                                                
CHAIR OGAN  asked why being in  the military for three  years out                                                               
of state counts toward the 10 years experience - on line 16.                                                                    
                                                                                                                                
MR. WEBB  replied that language  is in existing  statute. Another                                                               
amendment on page 11, line 29, deletes "a" and inserts "any".                                                                   
                                                                                                                                
SENATOR LINCOLN  moved the above  language as amendment  2. There                                                               
were no objections and it was so ordered.                                                                                       
                                                                                                                                
CHAIR OGAN  brought up  language on  page 12,  line 4,  that says                                                               
"has breached a contract to  provide big game hunting services or                                                               
transportation  services to  a client"  in regards  to the  board                                                               
imposing disciplinary sanctions in a  timely manner. He asked how                                                               
the board determines that a contract has been breached.                                                                         
                                                                                                                                
     A client can accuse a  guy of breaching a contract, but                                                                    
     unless it's  been adjudicated that it's  been breached,                                                                    
     it's kind  of subjective  disciplinary action.  I would                                                                    
     hope  just  talking about  it  and  putting it  on  the                                                                    
     record would  be enough to  say the  legislative intent                                                                    
     was to,  if you've adjudicated,  go to civil  court and                                                                    
     there's  been  some kind  of  an  actual proven  breach                                                                    
     rather than just an accusation of the breach.                                                                              
                                                                                                                                
MR. WEBB directed him to language  on page 11 that says the board                                                               
has to have a hearing and  asked the chair if that language would                                                               
satisfy his concern.                                                                                                            
                                                                                                                                
CHAIR OGAN  answered it would if  the intent is for  the board to                                                               
adjudicate  whether or  not a  guide breached  a contract  with a                                                               
client.                                                                                                                         
                                                                                                                                
REPRESENTATIVE SAMUELS replied that  the Division of Occupational                                                               
Licensing has people who actually investigate these issues.                                                                     
                                                                                                                                
CHAIR OGAN asked if the board  would somehow be an arbitrator for                                                               
the purposes of disciplinary action.                                                                                            
                                                                                                                                
REPRESENTATIVE SAMUELS stepped  in and said that  the board would                                                               
be able  to discipline, but he  didn't know what the  standard of                                                               
proof would be  for a breach of contract. Requiring  a civil suit                                                               
to be  filed would  be getting  away from the  idea of  the board                                                               
disciplining guides and  that is one of the reasons  for having a                                                               
board.                                                                                                                          
                                                                                                                                
     We wanted them to have some  mechanism to go in and say                                                                    
     hey, look, guide  A - you know, here's what  he said he                                                                    
     would do and  here's what he did. That's  kind of where                                                                    
     we're trying to get to in this session.                                                                                    
                                                                                                                                
CHAIR  OGAN asked  Mr. Paul  Johnson if  he was  chairman of  the                                                               
former board.                                                                                                                   
                                                                                                                                
MR. PAUL JOHNSON indicated yes.                                                                                                 
                                                                                                                                
CHAIR OGAN asked  if it was customary for the  board to arbitrate                                                               
disputes  between a  client and  a guide  and sanction  the guide                                                               
based  on  some  kind  of  evidence  that  he  had  breached  his                                                               
contract.                                                                                                                       
                                                                                                                                
MR. JOHNSON  replied yes, but  three complaints were  needed. But                                                               
as SB  303 is  written, the  guides need  a contract  rather than                                                               
just a hunt record.                                                                                                             
                                                                                                                                
CHAIR  OGAN  said  he  could  see that  being  an  arbitrator  in                                                               
contractual disputes would take up a  lot of the board's time. He                                                               
mused that  a client could get  ticked off because he  didn't get                                                               
his animal that cost him $10,000 and  all they have to do is file                                                               
a complaint with the board.                                                                                                     
                                                                                                                                
MR. JOHNSON  replied that is why  there is a written  contract on                                                               
what lease  services are being  provided - like basic  health and                                                               
safety, number of days, etc.                                                                                                    
                                                                                                                                
SENATOR LINCOLN pointed out that  the bill refers to "a contract"                                                               
and  asked if  there  is a  way  to be  specific  about what  the                                                               
contract  is.  She suggested  setting  the  issue aside  for  the                                                               
moment since the day was getting late.                                                                                          
                                                                                                                                
CHAIR OGAN replied  that they would continue until  5:30 p.m. and                                                               
then reevaluate  where they were on  the bill. He said  that page                                                               
12, line 9,  says that the guide acted incompetently  and he felt                                                               
that was too subjective. Maybe it should be unethically.                                                                        
                                                                                                                                
REPRESENTATIVE SAMUELS  responded that language had  been changed                                                               
from "is incompetent", which is in existing statute.                                                                            
                                                                                                                                
CHAIR OGAN  reiterated that he  thought unethical behavior  was a                                                               
better standard to discipline someone over.                                                                                     
                                                                                                                                
MR. PAT  CARTER, Alaska  Professional Hunting  Guides, elaborated                                                               
that  the  discussion  revolved   around  whether  the  guide  is                                                               
incompetent all the time or just for the one hunt.                                                                              
                                                                                                                                
CHAIR OGAN  stuck to  his guns saying  that he  thought unethical                                                               
was a better way to go and  moved that as amendment 3. There were                                                               
no objections and it was so ordered.                                                                                            
                                                                                                                                
CHAIR OGAN  directed the committee's  attention to page  12, line                                                               
28, and the word "innocent" in relation to misrepresentation.                                                                   
                                                                                                                                
MR. CARTER explained that discussion  was that a guide should not                                                               
get  punished for  an  innocent  misrepresentation. However,  the                                                               
Department of  Public Safety raised  the point that its  tough to                                                               
prove something was intentionally done wrong.                                                                                   
                                                                                                                                
SENATOR WAGONER  moved to delete  "innocent" on page 12,  line 28                                                               
as amendment 4. There were no objections and it was so ordered.                                                                 
                                                                                                                                
MR. WEBB jumped  back into the summary saying that  page 13, line                                                               
26, was  put back to 20  days from 40, because  the Department of                                                               
Public Safety said evidence is generally gone after 40 days.                                                                    
                                                                                                                                
CHAIR OGAN  suggested "or  within 48 hours  from returning  to an                                                               
area that has communications from  the field" and noted that some                                                               
guides  have  satellite  phones  and  could  report  a  violation                                                               
immediately.                                                                                                                    
                                                                                                                                
MR.  CARTER added  that  there was  discussion  about people  who                                                               
might be in the  field for two and a half  weeks and be weathered                                                               
in for  another five  days. He  noted that  language on  page 13,                                                               
line 25, says "promptly" in  relation to reporting a violation to                                                               
the Department of Public Safety and  that is why it went with the                                                               
20 days for the reporting timeframe.                                                                                            
                                                                                                                                
5:20 p.m.                                                                                                                       
                                                                                                                                
TAPE 04-22, SIDE A                                                                                                            
                                                                                                                                
SENATOR  LINCOLN asked  if  the  burden of  proof  is higher  for                                                               
"knowingly"  and why  not just  remove that  word [page  13, line                                                               
24].                                                                                                                            
                                                                                                                                
MR. CARTER responded, "What if the person doesn't know?"                                                                        
                                                                                                                                
SENATOR LINCOLN  reiterated that her  concern is with  the burden                                                               
of proof.                                                                                                                       
                                                                                                                                
MR. CARTER  replied that the  burden is  higher, but it  would be                                                               
unfair for a person to be  punished or have to report a violation                                                               
they didn't know existed.                                                                                                       
                                                                                                                                
CHAIR OGAN  thought that 20 days  was a little arbitrary.  He has                                                               
known people to have problems  getting their paperwork in on time                                                               
when they  are out in  the field. He  also didn't think  a person                                                               
should  wait 20  days to  report  a violation  if he  has a  cell                                                               
phone.                                                                                                                          
                                                                                                                                
MR.  CARTER  asked  if  he would  be  more  comfortable  changing                                                               
"promptly" to  "knowingly failed to  report to the  Department of                                                               
Public Safety"  and add "as soon  as possible" on page  13, lines                                                               
24 - 25.                                                                                                                        
                                                                                                                                
CHAIR OGAN agreed that addressed his concern.                                                                                   
                                                                                                                                
SENATOR LINCOLN  argued that language  didn't really  address the                                                               
problem,  because  "promptly"  and  "as soon  as  possible"  mean                                                               
basically the same thing.                                                                                                       
                                                                                                                                
CHAIR OGAN said they would come back to that.                                                                                   
                                                                                                                                
MR. WEBB directed  the committee's attention to page  14, lines 5                                                               
- 8,  expanding accountability for  the transporters  and putting                                                               
them  on  par with  the  guides.  He suggested  inserting  "valid                                                               
Alaska" on page  14, line 18, in reference to  an Alaskan hunting                                                               
license.                                                                                                                        
                                                                                                                                
CHAIR OGAN  moved to  insert "valid  Alaska" before  "hunting" on                                                               
page 14, line 18 as amendment  5. There were no objections and it                                                               
was so ordered.                                                                                                                 
                                                                                                                                
MR. WEBB  directed attention  to the  next substantive  change on                                                               
page  17,  line 11,  that  deletes  "or transportation  services"                                                               
language,   which   separates   guides  from   transporters   for                                                               
violations. The following paragraph,  (b), gives the transporters                                                               
their own responsibilities.                                                                                                     
                                                                                                                                
CHAIR  OGAN  directed  the   committee's  attention  to  existing                                                               
language on page 17, line 28,  which allows three guide use areas                                                               
in  one year.  He  felt  the language  was  too controversial  to                                                               
change, but wanted to point out:                                                                                                
                                                                                                                                
     When a  guide can do  that, they can literally  go into                                                                    
     an area  and hunt that  area really heavily of  all the                                                                    
     sheep or most of the trophy  rams or most of the trophy                                                                    
     bulls... and then  move on to another area  and I think                                                                    
     it's  had  a  big  negative   impact  on  the  game  in                                                                    
     Alaska.... I'd love to see it two years, at least.                                                                         
                                                                                                                                
MR. WEBB  pointed out that  language on  lines 23 -  25 clarifies                                                               
that a  guide is not  able to pull out  of whatever of  the three                                                               
areas he is hunting in that year.                                                                                               
                                                                                                                                
MR. JOHNSON  added that he  thought it  was important to  be real                                                               
clear that a  guide had 30 days to notify  the department that he                                                               
would be conducting big game hunting  services in an area so that                                                               
the board could consider the issue.                                                                                             
                                                                                                                                
CHAIR  OGAN asked  him if  he thought  the board  could react  to                                                               
something like that in 30 days.                                                                                                 
                                                                                                                                
MR.  JOHNSON responded  that the  statute would  say registration                                                               
takes place at least 30 days  before the hunt and that time could                                                               
be extended to 60 or 90 days by the board if it chose to do so.                                                                 
                                                                                                                                
CHAIR OGAN  relented because it  would lead to  more controversy,                                                               
but said he would rather see it at least two years.                                                                             
                                                                                                                                
MR. WEBB pointed out in addition  that language on page 18, lines                                                               
18 -  22 explains what  guide use areas  are and gives  the board                                                               
the authority  to change them.  Page 18,  lines 24 -  31, through                                                               
page 19, lines 1 -  5, contain language about predator management                                                               
and how it ties in with the  Board of Game allowing a fourth area                                                               
for predator control.                                                                                                           
                                                                                                                                
CHAIR OGAN said he didn't think a wolverine was a predator.                                                                     
                                                                                                                                
MR. WEBB replied that wolverines  are predators by definition and                                                               
he wanted to cover all the bases.                                                                                               
                                                                                                                                
CHAIR OGAN  jumped back to the  issue of guide use  areas on page                                                               
18 and stated:                                                                                                                  
                                                                                                                                
     The only  problem I  have with  amending it  [to] allow                                                                    
     the board  the discretion to  amend it as  necessary is                                                                    
     some operators  might want to  come in and  they'll say                                                                    
     oh, I  need a bigger  area. Let's take these  two areas                                                                    
     and make  it one area. I  saw that on the  board when I                                                                    
     was on there and, you know,  and I wonder if we want to                                                                    
     give them that much discretion.                                                                                            
                                                                                                                                
MR. CARTER said:                                                                                                                
                                                                                                                                
     The  intent  behind this  amendment  was  to allow  the                                                                    
     board  to  amend  the  guide   use  areas  as  property                                                                    
     boundaries change.  Right now, from what  we were told,                                                                    
     is that  since '94  there's been other  boundaries that                                                                    
     have changed  - lands sales, land  transfers, that sort                                                                    
     of thing.  And so the  guide use area may  not actually                                                                    
     be  down what  was a  boundary once  before. They  said                                                                    
     they have  no intent  of changing  them, but  the board                                                                    
      may decide to change them and that was the intent of                                                                      
     including the language.                                                                                                    
                                                                                                                                
CHAIR  OGAN said  there is  a  lot of  incentive for  a guide  to                                                               
petition the  board to erase  the line  between two areas  and if                                                               
he's well connected with the board  or is a nice guy or something                                                               
- this opens that up to that type of potential abuse.                                                                           
                                                                                                                                
SENATOR  LINCOLN moved  to delete  "wolverine" as  a predator  on                                                               
page  18,  lines  26  and  28, as  amendment  6.  There  were  no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
MR.  WEBB said  that page  19,  lines 10  - 11,  gives the  board                                                               
authority   to  establish   transporter  use   areas  and   adopt                                                               
regulations to  implement them. Currently, transporter  use areas                                                               
are the  same as guide use  areas. Page 19, line  24, is language                                                               
from the Division of Occupational  Licensing on how records could                                                               
be  shared   with  federal,  state  and   local  law  enforcement                                                               
agencies.                                                                                                                       
                                                                                                                                
CHAIR OGAN also  pointed out that instead of  specifying fish and                                                               
wildlife enforcement  agencies it applies to  any law enforcement                                                               
agency.                                                                                                                         
                                                                                                                                
MR.  WEBB  noted a  further  point  on  page  21, line  5,  where                                                               
"usually" was deleted.                                                                                                          
                                                                                                                                
SENATOR  LINCOLN,  referring  to  page 20,  line  25,  asked  Mr.                                                               
Johnson if a  wolverine is considered big game  and really wanted                                                               
to delete it there, too.                                                                                                        
                                                                                                                                
MR. JOHNSON replied  that wolverine is big game  in statute since                                                               
the late '70s.  "It's not utilized too much, but  I think once on                                                               
a rare occasion it is...."                                                                                                      
                                                                                                                                
SENATOR LINCOLN  asked about  an inconsistency  on page  22, line                                                               
26, that  says it's  unlawful for a  non-resident to  hunt brown,                                                               
grizzly, mountain goat  or sheep, but no other big  game would be                                                               
listed. She asked if that is correct.                                                                                           
                                                                                                                                
CHAIR  OGAN responded  that there  has been  a lot  of discussion                                                               
about the rationale for requiring guides.                                                                                       
                                                                                                                                
     The rationale is either  dangerous animals or dangerous                                                                    
     terrain and there's been a  number of people that would                                                                    
     like  to see  required  guides for  moose. And  they're                                                                    
     generally not  a dangerous animal  when wounded  nor do                                                                    
     they live in  too dangerous of a terrain  compared to a                                                                    
     mountain  goat  or  a  sheep.  So there  has  to  be  a                                                                    
     rational basis for  requiring a guide. It  can't be too                                                                    
     arbitrary. I think  you make the argument  that some of                                                                    
     the  antler  restrictions  you might  want  to  have  a                                                                    
     person  guide for  a moose  because the  average hunter                                                                    
     can't  tell a  spiked fork  from one  that's got  three                                                                    
     points.... I struggle with that myself sometimes.                                                                          
                                                                                                                                
MR. JOHNSON added that issue is  under Title 16 and mountain goat                                                               
was added in 1994 after a long arduous struggle.                                                                                
                                                                                                                                
CHAIR  OGAN said  at  some point  they  should discuss  requiring                                                               
guides for  moose. He brought  the committee's attention  back to                                                               
page 2, line 9, and asked what they wanted to do.                                                                               
                                                                                                                                
SENATOR LINCOLN  said she wasn't going  to get hung up  over this                                                               
issue, but someone suggested  two members representing non-profit                                                               
and for-profit Alaska Native landholders.                                                                                       
                                                                                                                                
MR.  JOHNSON explained  when the  task force  dealt with  this in                                                               
1989 under Henry Springer, it  felt it was extremely important to                                                               
bring  in   the  private  landholders   and  it  was   very  well                                                               
acknowledge that  it meant the  Native landholders.  Those people                                                               
had many  concerns including subsistence. Over  time, other rural                                                               
members  wanted Native  landholders to  be included.  Two members                                                               
are desired because for one  thing they have a substantial amount                                                               
of land and it would include  and encourage people in rural areas                                                               
to become involved.  "I don't think leaving it as  it is is going                                                               
to complicate anything at all."                                                                                                 
                                                                                                                                
CHAIR  OGAN suggested  inserting, "represent  private landholders                                                               
that are  substantially affected  by guided  hunting activities,"                                                               
and then  leave it to  the discretion  of the governor.  He asked                                                               
Senator Lincoln if that is acceptable.                                                                                          
                                                                                                                                
SENATOR  LINCOLN  replied  that  she has  no  problem  with  that                                                               
language, but  it was  pointed out that  landholders has  to mean                                                               
for-profit. The  non-profits are  not landholders. "I  don't mean                                                               
to bog us down here, but  I don't want later that technicality to                                                               
[indisc.] this up either."                                                                                                      
                                                                                                                                
MR. JOHNSON said he thought  the amendment that the chair offered                                                               
would fit the intent.                                                                                                           
                                                                                                                                
SENATOR  LINCOLN  kept to  her  point  saying  that it  could  be                                                               
construed to mean  a Doyon Limited, a CIRI; not  a Tanana Chief's                                                               
Conference, not villages.                                                                                                       
                                                                                                                                
MR. JOHNSON  replied, "The idea  is those people who  own private                                                               
lands for trespass...."                                                                                                         
                                                                                                                                
CHAIR OGAN announced that the  committee had lost its quorum, but                                                               
he agreed  with changes on  page 12, lines 4  - 5 and  noted that                                                               
the question on page 13, lines 24 - 26 hadn't been resolved.                                                                    
                                                                                                                                
5:50 p.m.                                                                                                                       
                                                                                                                                
MR. ROBERT HARDY, representing  himself, encouraged the committee                                                               
to  consider  other  possibilities  with which  to  regulate  and                                                               
control  the big  game commercial  service provider  industry. SB
303 just  creates another  public board  and doesn't  address the                                                               
real issue of user conflict,  which is the main problem occurring                                                               
in  the   field  that   is  fed   by  aggressive   expansion  and                                                               
capitalization by the industry.                                                                                                 
                                                                                                                                
     A  means of  controlling the  industry through  a joint                                                                    
     effort  between  the  Department of  Commerce  and  the                                                                    
     Department of Fish and Game  needs to be considered. By                                                                    
     crafting  tools under  statute that  could look  at the                                                                    
     aggregate  number of  commercial  service providers  by                                                                    
     area where  deemed necessary as determined  through the                                                                    
     Board  of Game  process  could go  much further  toward                                                                    
     addressing user conflict in  the field. The legislation                                                                    
     at present doesn't take that  step. There is no measure                                                                    
     within the  current legislation that  would effectively                                                                    
     control  the industry  or the  conflict this  expansion                                                                    
     creates.  I would  also like  to say  that before  this                                                                    
     committee chooses  to improve  this bill, I  would like                                                                    
     to see several changes made.                                                                                               
                                                                                                                                
     First on  page 2, lines 6  and 9 - line  6 changes from                                                                    
     "1"  to  "2"  licensed  transporters,  especially  with                                                                    
     regard to  the transporter use area  authority that the                                                                    
     Big Game Commercial Services Board  would have. Also on                                                                    
     line    9,     change    "two     private    landholder                                                                    
     representatives"  to   "one  private   landholder"  and                                                                    
     define what that means. Also,  I'd have a concern as to                                                                    
     the  overly competitive  nature, section  29, found  on                                                                    
     page  18, lines  23 -  31, and  page 19,  lines 1  - 5,                                                                    
     creates. In my  area, which is game  management unit 13                                                                    
     in the  Nalchina Basin, where  I am a  subsistence user                                                                    
     and also a registered big  game guide, virtually all we                                                                    
     have left  to hunt  in that area  are bears.  Moose and                                                                    
     caribou are off-limits to  non-residents from a guide's                                                                    
     standpoint and sheep are very low density.                                                                                 
                                                                                                                                
     Increasing  competition for  the  species  that is  the                                                                    
     mainstay of  our commercial viability  is unacceptable.                                                                    
     There are other ways to  address that issue through the                                                                    
     Board of  Game process,  such as  two bear  bag limits,                                                                    
     etc. etc. Some  of the other changes that  I would like                                                                    
     to see made, if at all  possible, page 12, line 4 and 5                                                                    
     - the breach of contract  stipulation - that needs more                                                                    
     clarity. It needs more definition.                                                                                         
                                                                                                                                
     Page  4, lines  8 -  10,  that may  actually violate  a                                                                    
     privacy   provision.  I   would  like   to  know   what                                                                    
     Department of  Law has  to say about  that and  then on                                                                    
     page 17, line 28, as  far as the registration for guide                                                                    
     use areas, every  calendar year - I'd like  to see that                                                                    
     personally changed  to every five calendar  years. With                                                                    
     that said,  I would  like to thank  you for  your time,                                                                    
     Mr. Chair, and for hearing my concerns.                                                                                    
                                                                                                                                
CHAIR OGAN asked  him to send any written comments  he has on his                                                               
concerns. He  sympathized with  his area  13 concerns  with bears                                                               
and nothing else  left to hunt. He asked if  anyone else from the                                                               
public wanted to testify.                                                                                                       
                                                                                                                                
MR.  DICK  RORICK, Kodiak,  said  he  supported the  changes  the                                                               
committee  made and  suggested adding  one Native  representing a                                                               
regional corporation and  a village corporation to  the makeup of                                                               
the board.                                                                                                                      
                                                                                                                                
MR.  MATT ROBUS,  Director,  Division  of Wildlife  Conservation,                                                               
said that  the department worked with  the sponsor as the  CS was                                                               
put together and supports today's changes to the CS.                                                                            
                                                                                                                                
     Both the Department  of Fish and Game and  the Board of                                                                    
     Game are on record  supporting the reinstatement of the                                                                    
     Big Game Commercial Services Board.                                                                                        
                                                                                                                                
SENATOR LINCOLN asked  him if he supported the  amendments to the                                                               
CS.                                                                                                                             
                                                                                                                                
MR.  ROBUS replied  that he  didn't  have any  problems with  the                                                               
changes.                                                                                                                        
                                                                                                                                
CAPTAIN  HOWARD STARBARD,  Commander, Alaska  Bureau of  Wildlife                                                               
Enforcement,  Alaska  State Troopers,  said  he  worked with  the                                                               
sponsor also and listened to  the amendments and supported those.                                                               
On the  20 day issue  on page 13,  lines 24  - 28, he  opposed 40                                                               
days  for the  reasons  articulated. He  also  didn't think  that                                                               
changing "promptly"  to "as soon  as possible" would  address the                                                               
situation. The  fact that  the use of  satellite and  cell phones                                                               
was  increasing made  frequent communication  common and  he felt                                                               
they  should leave  "promptly"  and "20  days"  in. He  suggested                                                               
instead  of inserting  "promptly"  to use  "as  soon as  possible                                                               
unless   no  other   reasonable   means   of  communication   are                                                               
available."                                                                                                                     
                                                                                                                                
CHAIR OGAN moved that as conceptual amendment 7.                                                                                
                                                                                                                                
SENATOR  LINCOLN objected  to  ask what  is  meant by  reasonable                                                               
means  of  communication.  "A cell  phone  is  unreasonable  when                                                               
you're out  there." She asked if  that would cause a  problem for                                                               
the board.                                                                                                                      
                                                                                                                                
MR.  JOHNSON  replied  that   Captain  Starbard  understands  the                                                               
limitations that are available to  rural people who would have 20                                                               
days to report  a violation and was confident he  could work with                                                               
the amendment.                                                                                                                  
                                                                                                                                
SENATOR  LINCOLN  withdrew  her  objection and  amendment  7  was                                                               
adopted.                                                                                                                        
                                                                                                                                
CHAIR OGAN announced  that they were back to page  2, line 9, and                                                               
proposed   inserting   "two   members   who   represent   private                                                               
landholders that are affected by hunting activities".                                                                           
                                                                                                                                
MR.  CARTER  commented  for  clarification  and  consistency  the                                                               
committee  might  consider   "guided  hunting  or  transportation                                                               
services".                                                                                                                      
                                                                                                                                
CHAIR OGAN  amended his motion  to read, "that  are substantially                                                               
affected by guided hunting or  transportation services and who do                                                               
not hold a license issued under this chapter;".                                                                                 
                                                                                                                                
SENATOR LINCOLN  objected because the term  "substantially" is in                                                               
the eyes of the beholder.                                                                                                       
                                                                                                                                
CHAIR  OGAN  amended  his amendment  to  delete  "substantially".                                                               
There were  nods of approval.  He asked if there  were objections                                                               
to adopting amendment  8. There were no objections and  it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
SENATOR WAGONER moved to pass CSSB 303(RES), version \D, from                                                                   
committee    with   attached    fiscal   note    and   individual                                                               
recommendations. There were no objections and it was so ordered.                                                                
                                                                                                                                
There being no further business to come before the committee,                                                                   
CHAIR OGAN adjourned the meeting at 6:08 p.m.                                                                                   
                                                                                                                                
                                                                                                                                
| Document Name | Date/Time | Subjects | 
|---|