04/05/2006 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB37 | |
| HB218 | |
| HB380 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 37 | TELECONFERENCED | |
| + | HB 218 | TELECONFERENCED | |
| + | HB 380 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 5, 2006
3:38 p.m.
MEMBERS PRESENT
Senator Thomas Wagoner, Chair
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
Senator Fred Dyson
Senator Bert Stedman
Senator Kim Elton
Senator Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 37(FIN) am
"An Act relating to voluntary land trades and purchases to
enhance public access to fishing streams."
FAILED TO MOVE OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 218(FIN)
"An Act relating to cost recovery fisheries for private
nonprofit hatchery facilities."
HEARD AND HELD
CS FOR HOUSE BILL NO. 380(FIN)(title am)
"An Act relating to the powers and duties of the commissioner of
environmental conservation regarding animals, animal products,
agricultural products, and the transportation of animals and
animal products; relating to the employment, appointment, and
duties of a state veterinarian by the commissioner of
environmental conservation; relating to the powers of the
commissioner of natural resources regarding agricultural
products; relating to animal rabies prevention and control; and
providing for an effective date."
MOVED SCS CSHB 380(RES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 37
SHORT TITLE: PUBLIC ACCESS TO FISHING STREAMS
SPONSOR(s): REPRESENTATIVE(s) GARA
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) FSH, RES
03/21/05 (H) FSH AT 8:30 AM CAPITOL 124
03/21/05 (H) -- Meeting Canceled --
03/23/05 (H) FSH AT 8:30 AM CAPITOL 124
03/23/05 (H) Heard & Held
03/23/05 (H) MINUTE(FSH)
04/15/05 (H) FSH AT 8:30 AM CAPITOL 124
04/15/05 (H) Moved CSHB 37(FSH) Out of Committee
04/15/05 (H) MINUTE(FSH)
04/18/05 (H) FSH RPT CS(FSH) NT 2DP 1DNP 2NR
04/18/05 (H) DP: ELKINS, THOMAS;
04/18/05 (H) DNP: SALMON;
04/18/05 (H) NR: KAPSNER, LEDOUX
04/18/05 (H) FIN REFERRAL ADDED AFTER RES
04/22/05 (H) RES AT 1:00 PM CAPITOL 124
04/22/05 (H) Moved CSHB 37(RES) Out of Committee
04/22/05 (H) MINUTE(RES)
04/25/05 (H) RES RPT CS(RES) NT 2DP 3NR
04/25/05 (H) DP: ELKINS, CRAWFORD;
04/25/05 (H) NR: OLSON, SAMUELS, LEDOUX
05/07/05 (H) FIN AT 2:00 PM HOUSE FINANCE 519
05/07/05 (H) Moved CSHB 37(FIN) Out of Committee
05/07/05 (H) MINUTE(FIN)
05/08/05 (H) FIN RPT CS(FIN) NT 3DP 6NR 1AM
05/08/05 (H) DP: CROFT, FOSTER, MOSES;
05/08/05 (H) NR: HAWKER, HOLM, STOLTZE, WEYHRAUCH,
JOULE, MEYER;
05/08/05 (H) AM: KELLY
05/09/05 (H) TRANSMITTED TO (S)
05/09/05 (H) VERSION: CSHB 37(FIN) AM
05/10/05 (S) READ THE FIRST TIME - REFERRALS
05/10/05 (S) RES, FIN
02/06/06 (S) RES AT 3:30 PM BUTROVICH 205
02/06/06 (S) Heard & Held
02/06/06 (S) MINUTE(RES)
02/13/06 (S) RES AT 3:30 PM BUTROVICH 205
02/13/06 (S) Heard & Held
02/13/06 (S) MINUTE(RES)
04/05/06 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 218
SHORT TITLE: PRIVATE HATCHERY COST RECOVERY FISHERIES
SPONSOR(s): REPRESENTATIVE(s) THOMAS
03/15/05 (H) READ THE FIRST TIME - REFERRALS
03/15/05 (H) FSH, RES
03/16/05 (H) FSH AT 8:30 AM CAPITOL 124
03/16/05 (H) Heard & Held
03/16/05 (H) MINUTE(FSH)
04/15/05 (H) FSH AT 8:30 AM CAPITOL 124
04/15/05 (H) Moved CSHB 218(FSH) Out of Committee
04/15/05 (H) MINUTE(FSH)
04/18/05 (H) FSH RPT CS(FSH) 3DP 3NR
04/18/05 (H) DP: WILSON, ELKINS, THOMAS;
04/18/05 (H) NR: HARRIS, SALMON, LEDOUX
04/20/05 (H) RES AT 1:00 PM CAPITOL 124
04/20/05 (H) -- Meeting Canceled --
04/22/05 (H) RES AT 1:00 PM CAPITOL 124
04/22/05 (H) Moved CSHB 218(RES) Out of Committee
04/22/05 (H) MINUTE(RES)
04/25/05 (H) RES RPT CS(RES) 2DP 3NR
04/25/05 (H) DP: CRAWFORD, ELKINS;
04/25/05 (H) NR: LEDOUX, OLSON, SAMUELS
04/25/05 (H) FIN REFERRAL ADDED AFTER RES
04/27/05 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/27/05 (H) Heard & Held
04/27/05 (H) MINUTE(FIN)
04/28/05 (H) FIN RPT CS(FIN) 3DP 4NR
04/28/05 (H) DP: HAWKER, FOSTER, CHENAULT;
04/28/05 (H) NR: JOULE, MOSES, HOLM, KELLY
04/28/05 (H) FIN AT 8:30 AM HOUSE FINANCE 519
04/28/05 (H) Moved CSHB 218(FIN) Out of Committee
04/28/05 (H) MINUTE(FIN)
04/29/05 (H) TRANSMITTED TO (S)
04/29/05 (H) VERSION: CSHB 218(FIN)
05/01/05 (S) READ THE FIRST TIME - REFERRALS
05/01/05 (S) FIN
05/06/05 (S) RES REFERRAL ADDED BEFORE FIN
05/06/05 (S) FIN AT 4:30 PM SENATE FINANCE 532
05/06/05 (S) Heard & Held
05/06/05 (S) MINUTE(FIN)
04/05/06 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 380
SHORT TITLE: ANIMALS & ANIMAL OR AGRICULTURAL PRODUCTS
SPONSOR(s): REPRESENTATIVE(s) MEYER
01/18/06 (H) READ THE FIRST TIME - REFERRALS
01/18/06 (H) RES, FIN
02/06/06 (H) RES AT 1:00 PM CAPITOL 124
02/06/06 (H) Moved CSHB 380(RES) Out of Committee
02/06/06 (H) MINUTE(RES)
02/08/06 (H) RES RPT CS(RES) NT 7DP
02/08/06 (H) DP: GATTO, OLSON, ELKINS, LEDOUX,
CRAWFORD, SAMUELS, RAMRAS
02/28/06 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/28/06 (H) Moved CSHB 380(FIN) Out of Committee
02/28/06 (H) MINUTE(FIN)
03/01/06 (H) FIN RPT CS(FIN) NT 2DP 7NR
03/01/06 (H) DP: FOSTER, MEYER;
03/01/06 (H) NR: KERTTULA, STOLTZE, HAWKER, KELLY,
WEYHRAUCH, MOSES, CHENAULT
03/20/06 (H) TRANSMITTED TO (S)
03/20/06 (H) VERSION: CSHB 380(FIN)(TITLE AM)
03/22/06 (S) READ THE FIRST TIME - REFERRALS
03/22/06 (S) RES, FIN
04/05/06 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE LES GARA
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 37.
DICK MYLIUS, Director
Division of Mining, Land, and Water
Department of Natural Resources
400 Willoughby Ave.
Juneau, AK 99801-1724
POSITION STATEMENT: Supported HB 37.
IAN FISK, Staff
Representative Bill Thomas
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced HB 218 for the sponsor
KEVIN MCDOUGALL, President
Board of Directors
Northern Southeast Regional Aquaculture Association (NSRAA)
Juneau, AK
POSITION STATEMENT: Expressed doubts about HB 218.
DIANE PLATT
Cordova District Fishermen United (CDFU)
Cordova, AK
POSITION STATEMENT: Supported HB 218.
ERIC JORDAN,
Commercial Fisherman
Sitka, AK
POSITION STATEMENT: HB 218 needs further work but he applauds
the bill direction.
DEBRA LYONS, Secretary/Treasurer,
Board of Directors
Northern Southeast Regional Aquaculture Association (NSRAA)
POSITION STATEMENT: Asked the committee to hold HB 218 for
additional work.
DAN CASTLE, President,
Southeast Alaska Seiners Association (SEAS)
Ketchikan, AK
POSITION STATEMENT: Supported HB 218.
BRUCE WALLACE
Commercial Fisherman
Ketchikan, AK
POSITION STATEMENT: Supported SB 218.
JERRY McCUNE
United Fishermen of Alaska
Juneau, AK
POSITION STATEMENT: Supported HB 218.
BOB THORSTENSON, Executive Director
Southeast Alaska Seiners Association (SEAS)
Juneau, AK
POSITION STATEMENT: Supported HB 218
MITCH EIDE, Board Member
Southeast Alaska Seiners Association (SEAS)
Petersburg, AK
POSITION STATEMENT: Asked the committee to support HB 218.
MICHAEL PAWLOWSKI, Staff
Representative Kevin Meyer
POSITION STATEMENT: Introduced HB 380 on behalf of the sponsor.
DR. GERLACH, State Veterinarian
Department of Environmental Conservation
410 Willoughby
Juneau, AK 99801-1795
POSITION STATEMENT: Said HB 380 is important for controlling
the spread of infectious disease.
DR. LOUISA CASTRODALE
Division of Public Health
Department of Health and Social Services
POSITION STATEMENT: Expressed full support for HB 380
ACTION NARRATIVE
CHAIR THOMAS WAGONER called the Senate Resources Standing
Committee meeting to order at 3:38:20 PM. Present at call to
order were Senators Ben Stevens, Stedman, Seekins, Dyson, Elton
and Chair Wagoner. Senator Kookesh arrived shortly.
CSHB 37(FIN) AM-PUBLIC ACCESS TO FISHING STREAMS
CHAIR THOMAS WAGONER announced CSHB 37(FIN) AM to be up for
consideration.
REPRESENTATIVE LES GARA, sponsor of HB 37, explained that the
bill asks the Department of Natural Resources (DNR) to create a
list of areas where public access to fishing streams might be
lost when the land is developed. He mentioned Montana Creek in
the Mat-Su Valley, the Anchor River on the Kenai, and Deep Creek
on the Kenai as examples and said people have been fishing in
these areas for years and nobody has cared that the access is
across private land. That might not be the case in the future so
HB 37 is a proactive step to negotiate for continued public
access before the lands are developed and become too expensive
to return to the public domain.
3:40:27 PM
SENATOR DYSON asked if DNR or the administration approve of the
bill.
DICK MYLIUS, Director, Division of Mining, Land, and Water,
Department of Natural Resources, replied DNR believes it is a
good idea to identify access points, but it recognizes that
there is an associated cost. The bill simply sets up a process
whereby the Alaska Department of Fish and Game (ADF&G) would
identify where access is needed and DNR would determine the
options and costs for the acquisitions. It would then be up to
the legislature to fund the acquisitions or not.
SENATOR STEDMAN expressed concern with the long-term effects of
creating a list because the language in the bill is a lot more
aggressive than what is implied.
CHAIR WAGONER noted the proposed amendments that change the
language.
3:42:57 PM
SENATOR BEN STEVENS asked where the bill says that the list
comes back to the legislature for authorization.
MR. MYLIUS replied it is on page 3, line 10.
CHAIR WAGONER noted that the bill says that before February of
each year the commissioner of fish and game shall submit a plan
to acquire public access to fish and wildlife, but it doesn't
say it goes back to the legislature.
SENATOR BEN STEVENS asked Mr. Mylius if that is where he is
saying the plan has to go to the legislature for approval of the
appropriation to execute the plan the following fiscal year.
MR. MYLIUS acknowledged it doesn't say it exactly, but when the
fiscal notes were prepared DNR assumed there would not be money
in the bill for acquisitions. The assumption was that the
department would have to return to the legislature with a
subsequent request. For a purchase the request would be for an
appropriation for a specific purpose and for a land exchange the
request would ask for financing to fund the exchange.
SENATOR BEN STEVENS asked if the assumption was that the
department would ask the legislature for approval of the
authorization to expend the funds, but not approval to select
the land.
MR. MYLIUS replied that is correct.
SENATOR BEN STEVENS recalled that the original bill mentioned
the acquisition of only two miles, but according to subsection
(c) two miles would be acquired each year.
REPRESENTATIVE GARA replied there is an amendment to address
that issue, but the intention was for the list to include a set
number of miles. There ought to be minimum number of miles for
DNR to identify each year but the state probably won't purchase
everything on the list each year. In fact, it probably won't
purchase through the list in a decade. "It's not like you'll
have a new 2 or 3 or 4 miles every year. It'll just be as it's
purchased through." The list will probably look the same until
the legislature decides to buy.
3:47:23 PM
SENATOR KOOKESH joined the meeting.
3:47:33 PM
CHAIR WAGONER mentioned that the amendment says 2 to 5 miles per
year.
REPRESENTATIVE GARA said it's the committee's discretion so long
as the top number isn't too high.
CHAIR WAGONER closed the public hearing. He noted the three
amendments and asked for a motion.
3:48:39 PM
SENATOR FRED DYSON moved CSHB 37(FIN) AM, Version X.A for
consideration.
SENATOR BERT STEDMAN objected.
SENATOR KIM ELTON moved to adopt Amendment 1, labeled X.A.3.
24-LS0284\XA.3
Bullock
9/25/06
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 37(FIN) am
Page 3, line 13, following "two":
Insert "and not more than a total of five"
SENATOR DYSON called a point of order saying there was an
objection to moving the bill.
CHAIR WAGONER clarified that the objection was for discussion
purposes so the bill is before the committee.
SENATOR ELTON restated his motion.
SENATOR BEN STEVENS objected.
SENATOR ELTON said the sponsor took note when Senator Stedman
identified the open-ended language, which required "a minimum
access to not less than a total of two meander miles..." The
proposed amendment tightens the language by inserting "not more
than a total of five meander miles". Therefore, over time there
would be no additions to the plan until the list dropped below
two miles.
SENATOR STEDMAN responded the language is still problematic
because there would be an action every year and in his view the
more land that is kept in private hands, the better it is for
the state.
SENATOR ELTON explained that the amendment caps the plan, but it
doesn't change other restricting components in the bill. Nothing
compels an easement or a sale; it specifically says that the
right of eminent domain may not be exercised to acquire land or
interest in land.
CHAIR WAGONER asked Senator Stevens if he maintained his
objection.
SENATOR STEVENS asked where it says it will cap the plan because
he interpreted the language differently.
3:54:20 PM
SENATOR ELTON explained that the departments will proffer one
plan and it may have not less than 2 miles and not more than 5.
He looked to the sponsor and said he didn't believe anything
would preclude the departments from having a new plan the next
year that may not include or identify the same stream access
points. However, if the departments submit a new plan it would
be restricted, just as the old plan was, to not less than 2
meander miles and more not more than 5. The cap applies to the
meander miles; it doesn't preclude the department from changing
or identifying other meander miles.
3:55:42 PM
SENATOR BEN STEVENS countered his reading is that there shall be
2 to 5 miles acquired every year and there is no cap on the
number of miles acquired in the plan. Hypothetically, he said,
50 meander miles of riverbank could be acquired in 10 years. He
asked if his interpretation was incorrect.
SENATOR ELTON replied no, but you would only get to that
position if the legislature authorized access to all meander
miles in the plan. You could only add miles if access has been
provided to all the areas in the plan. At that point the
department could add meander miles in a subsequent plan. That
would only occur after the legislature has made a decision to
appropriate funds to acquire the access.
3:57:18 PM
REPRESENTATIVE GARA said Senator Elton explained the intention
of the bill, but Senator Stevens raised a good point. The state
probably won't purchase access to all the land that is on the
list each year so the departments should not be required to keep
submitting a new list each year even if it's the same one. He
suggested inserting language to clarify that an annual plan
isn't required as long as at least 2 miles remain on the list
for future acquisition.
He offered to work with the committee on a conceptual amendment.
3:58:02 PM
SENATOR BEN STEVENS said he wasn't prepared to work on a
conceptual amendment; he had additional concerns. For instance,
Section 2, subsection (b)(2), gives the commissioner of DNR the
authority to trade state land for private land with no
legislative approval or fiscal note transaction. There is no
understanding that an assessment would be done, that the land
trade would be at fair market value and that it would be a
transaction of equal value. The commissioner could trade 5 miles
each year and although it wouldn't cost anything, the
legislature wouldn't have any authority to prevent it.
MR. MYLIUS replied while the bill doesn't specifically require
DNR to go back to the legislature, the only way a purchase could
occur is through the budget process. He agreed that the
department could exchange land without legislative approval, but
there's already a process for that. However, the statute for
land exchange requires an exchange at fair market appraised
value or, in its absence, it requires legislative approval.
CHAIR WAGONER said the question before the committee is adoption
of Amendment X.A.3.
4:02:06 PM
SENATOR ELTON argued in favor of the amendment because it is
controlling and precludes a large land trade by placing a top-
end cap.
SENATOR DYSON called a question on the amendment.
A roll call vote was taken. The motion to adopt Amendment X.A.3
passed with 4 yeas and 3 nays. Senator Dyson, Senator Elton,
Senator Kookesh and Senator Wagoner voted in favor and Senator
Stedman, Senator Ben Stevens, and Senator Seekins voted against.
CHAIR WAGONER said he would hold his amendments because he could
see the direction the bill was going. He noted Senator Stedman's
objection to the bill and asked for a roll call.
A roll call vote was taken and Senator Elton, Senator Kookesh
and Senator Dyson voted yea and Senator Stedman, Senator Ben
Stevens, Senator Seekins and Senator Wagoner voted nay.
CSHB 37(FIN) AM failed to move from committee.
CSHB(FIN) 218-PRIVATE HATCHERY COST RECOVERY FISHERIES
CHAIR WAGONER announced HB 218 to be up for consideration.
IAN FISK, staff to Representative Bill Thomas, presented the
bill on behalf of the sponsor and clarified that the committee
was working from Version R that passed the House. He explained
that HB 218 addresses the way hatcheries recover costs. Under
the current system a hatchery takes bids from processors for
recovery of the anticipated return and allocates a certain
percentage of the harvest as cost recovery. The percentage
varies from hatchery to hatchery.
The intent of the bill is to maximize the benefit to the user
groups and so HB 218 creates a system whereby the hatchery
operator has the option of collecting the cost recovery through
a fishery that is open to all fishermen who hold permits to
harvest fish in the hatchery area.
MR. FISK explained that for a hatchery to be able to recover its
costs through a common property fishery there would have to be
an assessment on the fish that are harvested specifically in the
cost recovery area. That terminal harvest area is typically
located directly in front of a hatchery or remote release site.
The Board of Fisheries or the commissioner of Alaska Department
of Fish and Game (ADF&G) sets the boundaries.
The language in the bill establishes an assessment between 1 and
40 percent of the value of the fish. The proceeds would be
recovered in a manner similar to the salmon enhancement tax. The
hatcheries would not collect the tax.
MR. FISK emphasized that this is optional and the sponsor would
not support making it mandatory. He has worked with hatchery
operators to reach a comfort zone and is willing to continue
doing so.
4:11:39 PM
CHAIR WAGONER stated he intended to hold the bill until Friday.
4:12:18 PM
SENATOR STEDMAN said he had a meeting on the bill earlier today
and the version that was discussed wasn't Version R. He
appreciated the additional time to consider the bill because
that alone has created confusion.
CHAIR WAGONER said a suggested CS came out of the sponsor's
office, but there would be a Senate Resource Committee CS
presented on Friday.
MR. FISK commented, "The version that we've been working on
reflects a lot of the changes that have been worked on in the
Interim... We've just tried to address some of the hatcheries'
concerns." There is nothing in it that is drastically different.
He noted that he had a list of the changes that have been made
as the bill moved through the process to accommodate concerns
and the idea is to work with the hatcheries to keep it optional.
SENATOR BEN STEVENS asked if Version B is the work draft.
MR. FISK said Version B is a work draft that reflects changes
made in response to hatchery concerns. Those changes are not in
Version R.
CHAIR WAGONER clarified that Version B was discussed in the
meeting Senator Stedman mentioned.
CHAIR WAGONER opened public testimony.
4:15:23 PM
KEVIN MCDOUGALL, President, Northern Southeast Regional
Aquaculture Association (NSRAA) Board of Directors, said cost
recovery is a difficult issue but HB 218 is a knee-jerk reaction
to low returns. The NSRAA Board is open to ways to deal with
this issue and has decided it will not oppose the bill but the
fact remains that it does have reservations about it. He urged
the committee to review the documents that NSRAA has submitted
before making a decision on the legislation. [Abbreviated
testimony due to audio difficulties.]
4:20:05 PM
DIANE PLATT, Cordova District Fishermen United (CDFU), stated
support for HB 218. CDFU believes that many fishermen support
the effort to get away from existing processor practices and
this is a good starting point.
4:20:51 PM
ERIC JORDAN, Sitka commercial fisherman, said HB 218 needs
further consideration, but he applauds the direction because
there is a problem with the current cost recovery. There was a
fundamental error when cost recovery was established because
there was no intention to pay for it through the common property
fishery. He said that HB 218 is going in the right direction,
but the details require work. He suggested a change on page 2,
lines 7-10 and said it would be a good idea to appoint a task
force to look at the problem of cost recovery not going to a
common property fishery.
4:26:40 PM
SENATOR ELTON explained that component of the bill is telling
the Board of Fisheries it can adopt regulations regarding a
fisheries management plan that includes allocation plans, but
doesn't preclude anything else. He said it might make sense to
use the language that's there and do it through the Board of
Fisheries process rather than micromanaging the regulations in
statute. He asked Mr. Jordan to respond.
MR. JORDAN said he agreed with concept, but the more specific
guidance the legislature provides as to intent the better. This
is a big issue, he said, and we need to rethink the terminal
harvest or special harvest areas if we're going to conduct these
types of fisheries for all gear groups.
4:28:43 PM
DEBRA LYONS, Secretary/Treasurer, NSRAA Board of Directors,
asked the committee not to not pass HB 219 until more work is
done. She noted that the fiscal notes state zero and the
Department of Revenue fiscal note comments say the bill doesn't
authorize it to enforce assessments. She asked when the
enforcement would occur if nothing is budgeted to enforce the
language in the bill. A further comment states that a successful
program needs regular staffing yet nothing is budgeted for that.
As a member of the NSRAA board, she is interested in preserving
flexibility to respond to changes during the season. If this
were to pass, she understands that NSRAA would be bound to a
common property fishery at the assessment established for the
year regardless of the strength of the return. This would be
particularly problematic in years in which the anticipated
return was stronger than what materialized. The bill has further
inflexibility in that it would bind NSRAA's ability to fund
operating reserves to 100 percent and it doesn't allow the board
flexibility in setting financial policies and in making
financial decisions.
A further concern relates to risk. A worst-case scenario is that
the NSRAA Board and the fishermen agree, in good faith, to
participate in the common property fishery, but when the season
comes along the fishermen choose not to participate. NSRAA would
have no fish taken for cost recovery and would have nothing in
place with buyers to conduct a tradition cost recovery fishery
on such short notice.
MS. LYONS referenced subsection (d) on page 2 and suggested
changing the wording to, "The Department of Revenue will set the
assessment based on the recommendation of the board of directors
of the affected hatchery." She said she didn't understand the
difference between this assessment and a tax and why it can be
adopted without a vote of the fishermen.
MS. LYONS said there is little understanding of NSRAA's
strategic plans to diversify their cost recovery fishery over
time to allow more Chinook and Coho to be harvested and reduce
the burden on the Chum fishery. She suggested that other
alternatives could be explored. Perhaps the sport fishery could
contribute something toward NSRAA's operation and the
aquaculture tax could be increased a little. That combined with
relying on other species for revenue would be a preferred
solution to HB 218. She reiterated her request to hold the bill.
4:36:19 PM
DAN CASTLE, President, Southeast Alaska Seiners Association
(SEAS), said a vast majority of the SEAS membership accepts the
idea of doing something different with cost recovery in
Southeast Alaska. Cost recovery programs have evolved and are
required to take an increasing amount of hatchery return and the
benefit is spreading to the fishermen. SEAS would like to see
the returns pass through the fish holds of the fishermen that
are making a living from fishing. This would strengthen the
relationship that individual fishermen have with processors.
MR. CASTLE emphasized that the language in the bill is
permissive and reiterated supported for HB 218.
4:39:03 PM
BRUCE WALLACE, commercial fisherman from Ketchikan, said SB 218
is just a tool. The cost recovery program is not working and
change needs to occur. He agreed with Senator Elton that
micromanaging cost recovery through statute probably isn't the
answer and the decisions are probably better left to the Board
of Fisheries. Since the language is permissive and doesn't
mandate that NSRAA or any non-profit use the tool, he suggested
it is an appropriate vehicle to expand the toolkit. He urged the
committee to support HB 218.
4:41:21 PM
JERRY McCUNE, United Fishermen of Alaska, stated support for HB
218. He thanked the sponsor for accommodating the hatcheries'
concerns.
Referencing page 2, line 10, he noted that the Board of
Fisheries already has the authority to review allocation plans
among user groups of hatchery stocks and to close a fishery if a
run is weak and isn't sufficient for cost recovery or to get the
brood stock. All this bill does is let fishermen come to an
agreement with a hatchery to be able to take fish under common
property and sell them to the processor so the fishermen have
access and aren't sitting around waiting for the hatchery to do
the common property harvest.
With regard to subsection (b) he said the attorney general
advised that it has to be in the bill; it is part of existing
statute.
4:44:49 PM
BOB THORSTENSON, Executive Director, Southeast Alaska Seiners
Association (SEAS), referenced Ms. Lyons' concern regarding an
assessment fishery without a vote of the fishermen and reminded
her that the current cost recovery is without a vote of the
fishermen. He said if SEAS members were polled, they would
overwhelmingly vote to eliminate cost recovery. Furthermore, he
said, SEAS fishermen are willing to pay to cover the cost
recovery goals in Southeast, but they don't want to put those
costs on the back of other gear groups. Regarding the suggestion
for a task force, he said that approach has been tried for many
years and HB 218 is partially the result of a task force.
Under this legislation the people who catch the fish would pay
the tax. "We're willing to pay the tax so we can have our boats
working and not have just a few people catching all the fish and
one processor processing all the fish," he said. SEAS believes
it has to be in statute and that paying the tax is the
responsible thing to do.
4:47:46 PM
MITCH EIDE, Petersburg, Board Member, Southeast Alaska Seiners
Association, asked the committee to support HB 218 because it
will give fishermen access to more fish through the common
property fishery.
CHAIR WAGONER closed public hearing and held HB 218 in committee
to allow time to prepare a committee substitute.
CSHB 380)(FIN)(Title am)-ANIMALS & ANIMAL OR AGRICULTURAL
PRODUCTS
CHAIR WAGONER announced CSHB 380(FIN)(title am) to be up for
consideration.
4:51:37 PM
MICHAEL PAWLOWSKI, staff to Representative Kevin Meyer, said HB
380 addresses the state's ability to respond to emerging
diseases. The dilemma arises because the statute was written
prior to statehood when animals were limited to livestock or
poultry. Thus the state veterinarian and the state don't have
the authority to inspect, quarantine, or deal with animals that
fall outside the definition of livestock.
HB 380 repeals and reenacts the powers relating to the state
veterinarian, updates the powers and defines animals and animal
products. It will enable the state to respond in the event that
Avian Influenza of another disease comes into Alaska in the
animal population.
4:54:03 PM
DR. GERLACH, State Veterinarian, Department of Environmental
Conservation (DEC), said HB 380 is important for controlling the
spread of infectious disease because it's recognized that 70
percent of new diseases affecting human health come from
animals. Such diseases affect animal health, food production,
and human health as well as local and national economies so the
impact can be widespread.
Currently the State Veterinarian's authority is limited to
control of certain types of diseases, but there is no single
agency in Alaska that has authority to manage the different
categories of animals that are capable of carrying diseases into
the state that can severely threaten the state's animal
resources as well as public health.
4:57:32 PM
DR. LOUISA CASTRODALE, Division of Public Health, Department of
Health and Social Services testified on behalf of the director,
Dr. Richard Mandsager in full support of HB 380.
CHAIR WAGONER closed the public hearing and asked the committee
if there were questions or discussion.
4:58:10 PM
SENATOR SEEKINS moved to adopt Amendment 1, labeled IA.1.
24-LS1469\IA.1
Bannister
9/25/06
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 380(FIN)(title am)
Page 2, line 28:
Delete "and"
Insert new paragraphs to read:
"(3) enter into agreements with the federal
government for controlling disease among animals and match
federal payments for animals destroyed under those
agreements from any appropriation available for this
purpose;
(4) pay an owner of an animal destroyed under
this section an amount from any appropriation available for
this purpose; and"
Renumber the following paragraph accordingly.
Page 7, line 23, following "03.45.060":
Insert ", 03.45.070, 03.45.080"
BEN STEVENS objected for discussion purposes.
SENATOR SEEKINS explained that the amendment would enable DEC to
work with the legislature and the federal government in the
event of an emergency to ensure that the agricultural industry
isn't decimated by a disease outbreak. It would also provide an
updated vehicle for compensation to an owner of an animal that
was destroyed to control the spread of disease if funds are made
available for that purpose. Finally it inserts AS 03.45.070 and
AS 03.45.080 in the repealer section.
5:01:50 PM
SENATOR KIM ELTON asked if DEC suggested the amendment.
SENATOR SEEKINS replied people in the farming industry in the
Delta area who have dairy and beef cattle suggested the
amendment. He believes the Farm Bureau and DEC support it.
5:02:36 PM
SENATOR ELTON asked if this gives DEC and the legislature the
authority to elect to indemnify an owner if the federal
government orders an animal to be destroyed.
SENATOR SEEKINS replied yes. The legislature would need to
appropriate the money, but it would allow a federal funds match
if the legislature so elected. It also broadens the scope and
increases the flexibility in ways to use federal funds and work
with new parameters as they may develop. Current statutes allow
just dairy cattle.
SENATOR STEVENS removed his objection.
CHAIR WAGONER announced that without objection Amendment 1,
labeled IA.1, was adopted.
5:04:52 PM
SENATOR SEEKINS moved to report SCS CSHB 380(RES) from committee
with individual recommendations and attached fiscal note(s).
There was no objection and it was so ordered.
There being no further business to come before the committee,
Chair Wagoner adjourned the meeting at 5:05:56 PM.
| Document Name | Date/Time | Subjects |
|---|