HJR 38 - MAGNUSON FISHERY CONSERVATION & MANAGEMENT ACT  Number 414 CHAIRMAN AUSTERMAN spoke as the prime sponsor of this resolution and read his own sponsor statement into the record: "House Joint Resolution 38 speaks to the upcoming Magnuson Fishery Conservation and Management Act reauthorization which was last re-authorized in Congress for a period of three years and is set to expire at the end of this year. The Act serves two purposes: 1) to make a national claim on the fisheries resources of the continental shelf in the band of marine waters from 3 to 200 miles offshore -- the exclusive economic zone (EEZ); and 2) to set up a system for managing and conserving the fisheries resources within the zone. To meet this management and conservation aim, Congress created the Regional Fishery Management Council system. Alaska is represented on the North Pacific Fishery Management Council. "In creating the Council system, Congress recognized the strong interest coastal states had in the fisheries resources of the EEZ off their shores. Congress charges the Councils with the primary responsibilities for determining management policy, within the EEZ, and mandates that the voting members of each of the eight regional Councils be drawn from the relevant coastal states. There is only one voting member representing the federal government on each Council. "The North Pacific Fishery Management Council is unique among the eight regional Councils created by Congress. This Council is the only one assigned the EEZ lying directly and entirely off the coast of a single state -- Alaska. All of the other Councils' regions of authority span multiple state coastlines. Congress recognized this uniqueness, as well as the historic participation in the fisheries off Alaska by residents of Washington and Oregon, when prescribing the voting membership of the North Pacific Fishery Management Council. There are 6 votes from Alaska, 3 from Washington, 1 from the National Marine Fisheries Service. "Maintaining that Alaska majority on the NPFMC is one of the principal issues during this and former Magnuson Act reauthorizations and is addressed in this resolution. This resolution also suggests several provisions for the state's best interest be included within the reauthorization. "Thank you for your consideration of this resolution." Number 447 REPRESENTATIVE DAVIS appreciated that fact that the last bill was held so the committee could vote on this Resolution. Number 459 MR. BRUCE set forth that the ADF&G does support HJR 38. Number 471 CHAIRMAN AUSTERMAN indicated there are two amendments in the committee packets. He further stipulated that the first amendment for consideration is numbered G.2. He noted the changes would add the "be it resolved" issues that the committee would like to see covered. Number 485 REPRESENTATIVE OGAN moved amendment number one. REPRESENTATIVE DAVIS objected for the sake of discussion and study. Number 501 REPRESENTATIVE DAVIS withdrew his objection without discussion taking place. Number 503 REPRESENTATIVE ELTON asked for an explanation of amendment one, paragraph five, which talks about Individual Transferable Quotas (ITQ). Specifically, he wanted to know if there was presently a provision to provide a portion of the annual harvest in a fishery, subject to ITQs for entry level fishermen or small vessel owners who do not hold ITQs. CHAIRMAN AUSTERMAN responded that there wasn't and that was why this paragraph was in the amendment. REPRESENTATIVE ELTON further asked if we were establishing the parameters under which we want the Magnuson Act renewed. He related that somebody could come to the conclusion that the state of Alaska doesn't want it renewed because we didn't do anything about reserving a portion of the ITQs for the entry of fishermen. He was generally concerned that it could be perceived as a list of conditions, under which the state would then accept the renewal of the Magnuson Act. CHAIRMAN AUSTERMAN agreed with Representative Elton that there was always that possibility of misperception. Number 523 REPRESENTATIVE DAVIS somewhat agreed, but pointed out that the language contained in this Resolution is such, that it requests, doesn't demand the federal government to reauthorize the Magnuson Act. CHAIRMAN AUSTERMAN acknowledged Representative Davis' comments and also recognized Representative Vezey and informed him that HB 296 had been heard, but held. REPRESENTATIVE DAVIS requested that HB 296 be reopened so Representative Vezey could answer the questions of the committee. CHAIRMAN AUSTERMAN indicated that the committee would finish up with HJR 38 first and time permitting would take additional testimony on HB 296. Number 539 CHAIRMAN AUSTERMAN ordered amendment number one passed upon hearing no objections. CHAIRMAN AUSTERMAN indicated that the second proposed amendment was listed as G.3. Number 544 REPRESENTATIVE OGAN moved and objected to amendment number two. CHAIRMAN AUSTERMAN pointed out that this amendment was self- explanatory, but there was a typo on line 5 of the proposed amendment number two. It should read "United" not "Untied." REPRESENTATIVE ELTON remarked that he kind of liked the typo and objected to its removal. CHAIRMAN AUSTERMAN specified very briefly what this amendment adds. REPRESENTATIVE OGAN removed his objection. Number 553 CHAIRMAN AUSTERMAN ordered amendment number two passed upon hearing no objections. REPRESENTATIVE OGAN moved CSHJR 38(FSH) with a zero fiscal note attached. CHAIRMAN AUSTERMAN upon hearing no objections, moved CSHJR 38(FSH) out of committee.