1994-02-04                     Senate Journal                      Page 2692
SB 281                                                                       
SENATE BILL NO. 281 BY THE SENATE RULES COMMITTEE                              
BY REQUEST OF THE GOVERNOR, entitled:                                          
                                                                               
"An Act relating to waste and use of salmon and                               
parts of salmon; relating to permits for and                                   
operation of a salmon hatchery; and providing for                              
an effective date."                                                            
                                                                               
was read the first time and referred to the Resources and Judiciary            
Committees.                                                                    
                                                                               
                                                                               

1994-02-04                     Senate Journal                      Page 2693
SB 281                                                                       
Zero fiscal note from Department of Public Safety published today.             
                                                                               
Governor's transmittal letter dated February 4:                                
                                                                               
Dear Mr. President:                                                            
                                                                               
Under authority of art. III, sec. 18, of the Alaska Constitution, I am         
transmitting a bill relating to the waste and use of salmon and parts          
of salmon, and to permits for and operation of salmon hatcheries.              
                                                                               
The bill would repeal and reenact AS16.05.831 (waste of salmon)                
to authorize the commissioner of fish and game to issue permits to             
allow the removal and sale of eggs from hatchery-produced salmon               
and the discard of the salmon carcasses.  The permits would allow              
this practice only for salmon that return to hatchery terminal and             
special harvest areas or remote sites from which hatchery smolt are            
released, and that are determined by the commissioner of fish and              
game to be unfit for human consumption.  This is a practice that is            
prohibited by existing AS16.05.831.  It is anticipated that persons            
who would be authorized under such a permit are commercial                     
fishermen who are participating in a designated terminal fishery and,          
perhaps, hatchery operators or fish processors.                                
                                                                               
The language that appears in the bill as AS16.05.831(b)(2),                    
regarding permits authorizing "other uses of salmon," is currently             
contained in AS16.05.831(b).                                                   
                                                                               
The bill also cures several problems in existing AS16.05.831.                  
Presently, that statute applies only to salmon that are "intended" for         
certain uses.  Because that statute does not indicate whose intent is          
to be measured, this ambiguity can cause enforcement problems.                 
Also, the specified uses are not meaningful because they cover every           
conceivable use of salmon.  The bill's repeal and reenactment of               
AS16.05.831 deletes this problematic language from the law.                    
                                                                               
Because of present market conditions, it is important for the fishing          
industry and hatchery operators to be able to recover as much value            
as possible from salmon resources.  The bill will contribute to this           
goal and, at the same time, will allow the state to more effectively           
                                                                               
                                                                               

1994-02-04                     Senate Journal                      Page 2694
SB 281                                                                       
enforce the statute on waste of salmon.  For these reasons, I urge             
your prompt consideration and passage of the bill.                             
                                                                               
Sincerely,                                                               
						/s/                                                                      
Walter J. Hickel                                                         
Governor