Legislature(2003 - 2004)
05/05/2004 03:30 PM Senate RES
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* first hearing in first committee of referral
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+ teleconferenced
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ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
May 5, 2004
3:30 p.m.
TAPE(S) 04-49
MEMBERS PRESENT
Senator Scott Ogan, Chair
Senator Thomas Wagoner, Vice Chair
Senator Ralph Seekins
Senator Ben Stevens
Senator Fred Dyson
Senator Kim Elton
MEMBERS ABSENT
Senator Georgianna Lincoln
COMMITTEE CALENDAR
CONFIRMATION HEARINGS:
Board of Game - Ben Grussendorf - Sitka, Mike Fleagle
CS FOR HOUSE BILL NO. 395(FIN) am
"An Act relating to the recovery of shallow natural gas, to the
regulation of shallow natural gas or coal bed methane
operations, and to oil and gas leasing operations involving
activities not governed under the Alaska Land Act; contingently
redesignating shallow natural gas as nonconventional gas, and
relating to the regulation of that gas under that contingency;
and providing for an effective date."
SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 452(FIN) am
"An Act relating to licensing and regulation of sport fishing
operators and sport fishing guides; authorizing the Department
of Fish and Game and the Alaska Commercial Fisheries Entry
Commission to release records and reports to the Department of
Natural Resources and the Department of Public Safety; and
providing for an effective date."
MOVED SCS CSHB 452(RES) am OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 452
SHORT TITLE: GUIDED SPORT FISHING/ ADFG & CFEC RECORDS
SPONSOR(s): REPRESENTATIVE(s) HEINZE
02/16/04 (H) READ THE FIRST TIME - REFERRALS
02/16/04 (H) L&C, JUD, FIN
03/17/04 (H) L&C AT 3:15 PM CAPITOL 17
03/17/04 (H) Heard & Held
03/17/04 (H) MINUTE(L&C)
03/19/04 (H) L&C AT 3:15 PM CAPITOL 17
03/19/04 (H) Moved CSHB 452(L&C) Out of Committee
03/19/04 (H) MINUTE(L&C)
03/22/04 (H) L&C RPT CS(L&C) NT 1DP 3NR 1AM
03/22/04 (H) DP: LYNN; NR: CRAWFORD, GATTO,
03/22/04 (H) ANDERSON; AM: ROKEBERG
03/31/04 (H) JUD AT 1:00 PM CAPITOL 120
03/31/04 (H) Moved CSHB 452(JUD) Out of Committee
03/31/04 (H) MINUTE(JUD)
04/05/04 (H) JUD RPT CS(JUD) NT 1DP 5NR
04/05/04 (H) DP: GRUENBERG; NR: HOLM, GARA,
04/05/04 (H) ANDERSON, OGG, MCGUIRE
04/14/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/14/04 (H) Moved CSHB 452(FIN) Out of Committee
04/14/04 (H) MINUTE(FIN)
04/15/04 (H) FIN RPT CS(FIN) NT 4DP 6NR
04/15/04 (H) DP: MEYER, MOSES, HARRIS, WILLIAMS;
04/15/04 (H) NR: HAWKER, STOLTZE, JOULE, CROFT,
04/15/04 (H) FOSTER, CHENAULT
04/23/04 (H) LETTER FOR JOURNAL
04/23/04 (H) TRANSMITTED TO (S)
04/23/04 (H) VERSION: CSHB 452(FIN) AM
04/26/04 (S) READ THE FIRST TIME - REFERRALS
04/26/04 (S) RES, FIN
05/05/04 (S) RES AT 4:15 PM BUTROVICH 205
WITNESS REGISTER
Mr. Ben Grussendorf and Mr. Mike Fleagle, nominees to the Board
of Game
Mr. John Bittner
Staff to Representative Cheryl Heinze
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Commented on HB 452 for the sponsor.
Mr. Kelly Hepler, Director
Division of Sport Fish
Department of Fish & Game
PO Box 25526
Juneau, AK 99802-5226
POSITION STATEMENT: Commented on HB 452.
Mr. Doug Vincent-Lang, Assistant Director
Division of Sport Fish
Department of Fish & Game
PO Box 25526
Juneau, AK 99802-5226
POSITION STATEMENT: Commented on HB 452.
ACTION NARRATIVE
TAPE 04-49, SIDE A
CHAIR SCOTT OGAN called the Senate Resources Standing Committee
meeting to order at 3:30 p.m. Present were Senators Wagoner and
Chair Scott Ogan. Senator Seekins arrived at 4:50 and Senator
Stevens arrived at 4:56. The first order of business to come
before the committee was the confirmation hearing for Ben
Grussendorf as a member of the Board of Game.
^CONFIRMATION HEARINGS
^BOARD OF GAME
MR. BEN GRUSSENDORF, nominee for the Board of Game, told members
that he always wanted to be a game warden and when he graduated
from college in 1967 he came to Alaska where he has already
served on the board for three years. He offered to answer
questions.
CHAIR OGAN asked him if he still loves wolves.
MR. GRUSSENDORF replied yes; he enjoys every animal in the state
of Alaska.
CHAIR OGAN asked if he supported the current predator control
program.
MR. GRUSSENDORF answered that he supported it in units 19D and
13, but dragged his heels on 16B, because the population figures
of the prey animals needed more study of what bears and wolves
are actually taking.
MR. MIKE FLEAGLE, nominee to the Board of Game, was up next and
the chair asked him why he wanted to subject himself to this for
another term.
MR. FLEAGLE replied that he always had an appreciation for
trapping, hunting and fishing. He looked forward to his job the
first time he was appointed and he is still looking forward to
it now - his fourth appointment.
SENATOR BEN STEVENS arrived at 4:56.
CHAIR OGAN thanked both the members for serving on the board.
SENATOR WAGONER moved to forward the two names to the full body.
There were no objections and it was so ordered.
4:57 - 4:58 - at ease
CSHB 452(FIN)AM-GUIDED SPORT FISHING/ ADFG & CFEC RECORDS
CHAIR OGAN announced HB 452 to be up for consideration.
MR. JOHN BITHNER, staff to Representative Cheryll Heinze,
sponsor, said HB 452 is a sport guide licensing bill that
creates two new licenses - a sports operators license ($100) and
a sports guide license ($50). Purchasing both of them together
would cost $100. The licensing requires liability insurance, Red
Cross or comparable first aid training and reporting
requirements for the areas being fished. He offered to answer
questions.
SENATOR WAGONER moved to adopt SCS CSHB 452(RES)AM, version \V.
CHAIR OGAN objected for discussion purposes and asked Mr.
Bittner to go over the changes.
MR. BITTNER said the changes could be found on the second page,
which is almost entirely new. Currently, sport fish guides must
register their vessels with the Commercial Fisheries Entry
Commission (CFEC) and there is a fee involved depending on the
size of the vessel. This bill takes the category of sport fish
guides out of the CFEC's jurisdiction and puts it in ADF&G's
jurisdiction. ADF&G would use the fees it generated to pay for
the vessel registration instead of having it be a separate fee.
The information collected would be the same as it is now, but
would be consolidated more efficiently in the Department of Fish
and Game.
SENATOR WAGONER asked why the fee is $100 for buying both
licenses. No other fee structure gives a break for combining
licenses.
MR. BITTNER answered that the only reason he could see is to
make it easier for small business operators where one person is
the entire business.
CHAIR OGAN said he thought this was a good approach, because he
objects to creating more layers of bureaucracy. His sportfishing
guide friend needs over 60 permits. He felt the change was also
beneficial because it would give the sport fishing industry a
better position at the table with the Board of Fisheries.
SENATOR WAGONER held up his sportfishing guide license and said
he doesn't pay $50 a year for it; in fact, he pays nothing for
it. He asked how the price structure was developed.
REPRESENTATIVE CHERYLL HEINZE replied that the whole reason for
this bill is because the constant stream of sport fishermen on
the inside waters is a huge problem that is developing
throughout the state. The reports will provide useful
information to the division for river management.
SENATOR WAGONER interrupted to say that his question about his
license was still not addressed.
MR. KELLY HEPLER, Director, Division of Sport Fish, Alaska
Department of Fish and Game (ADF&G), explained that Senator
Wagoner is holding a registration card that provides information
to the division on salt water and it is free. However, the
division currently has no reporting requirements in fresh water
and this bill now requires that.
He is not trying to make money off of the program and the fee
structure was developed to mirror the additional work that would
be needed to accurately and timely compile information for
management decisions.
SENATOR SEEKINS asked regarding page 5, line 24, why a sport
fishing guide license is restricted to citizens of Mexico and
Canada and resident aliens, as well as citizens of the United
States.
MR. DOUG VINCENT-LANG, Assistant Director, Division of Sport
Fish, Alaska Department of Fish and Game (ADF&G), explained that
the Attorney General's office said that the recently passed
NAFTA legislation does not allow the department to discriminate
against business practices conducted within the United States,
Canada and Mexico. This U.S. treaty obligates everyone to treat
all citizens equally.
SENATOR SEEKINS asked if sport fishing is considered to be
regulated under the commerce clause.
MR. LANG replied yes; the business activity associated with the
license of a sportfishing guide is what's at issue.
CHAIR OGAN asked why there isn't a resident/non-resident
classification in this area.
MR. HEPLER replied that because the recent Carlson decision
ruled that the state would not be able to justify a differential
fee structure for residents and non-residents.
CHAIR OGAN asked if that ratio was 3:1.
MR. HEPLER elaborated that it's the ratio alone is not anymore
the basis of the fee, but how much more it costs the state to
administer licensing of non-residents than for residents. He
added that this bill also requires guides to have a fishing
license.
5:18 - 5:19 - at ease
SENATOR SEEKINS asked how the fee structure was established for
the liability insurance.
MR. HEPLER said the department consulted with a number of
insurance firms and the least amount for a liability package
that they came up with was $300,000.
CHAIR OGAN asked if the division provides a vessel sticker to be
displayed at all times.
MR. HEPLER said the amendment intends to do that. Presently,
people get a triangle for registration. He wants to offer
something that is distinctly different from commercial fishing
boats so that there is no difficulty in identifying a boat as a
guide boat.
CHAIR OGAN asked what happens if a guide has 10 boats.
MR. HEPLER replied that he would need 10 stickers.
MR. LANG added that this bill requires businesses to register
their vessels with the division. The fee is for the business
registration and the division would provide a sticker for each
of the 10 boats.
CHAIR OGAN asked if there was potential for fraud.
MR. LANG replied that sticker would be modeled after CFEC's
program that asks for unique identifiers for each boat.
SENATOR SEEKINS said he thought that section meant the sticker
could be on or in the boat (line 4).
MR. HEPLER added that he is trying to accommodate people by
including small vessels like zodiacs.
CHAIR OGAN said that section needed more clarification. He
personally thought that guide boats needed to be identified.
CHAIR OGAN recessed the meeting at 5:31 p.m. He called the
meeting back to order at 2:25 p.m. on May 6, 2004.
SENATOR SEEKINS moved to adopt conceptual Amendment 1 [discussed
at the May 5 meeting]. There were no objections and it was so
ordered.
SENATOR SEEKINS moved to pass SCS CSHB 452(RES)am from committee
with individual recommendations and new fiscal note. There were
no objections and it was so ordered.
CHAIR OGAN adjourned the meeting at 2:28 p.m.
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