Legislature(2005 - 2006)

2005-04-26 Senate Journal

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2005-04-26                     Senate Journal                      Page 1142
SB 113                                                                                            
The Resources Committee considered SENATE BILL NO. 113 "An                                          
Act relating to entry into and management of Gulf of Alaska                                         
groundfish fisheries" and recommended it be replaced with                                           
                                                                                                    
          CS FOR SENATE BILL NO. 113(RES)                                                           
                                                                                                    
and further recommended the adoption of the following Resources                                     
Committee Letter of Intent:                                                                         
                                                                                                    
                               Letter of Intent                                                    
                                                                                                    
          The Memorandum of Understanding between the                                               
          Alaska Board of Fisheries (BOF) and the Alaska                                            
          Commercial Fisheries Entry Commission (CFEC),                                             
          with respect to the Gulf of Alaska Groundfish                                             
          Fisheries, is hereby adopted as a Letter of Intent.                                       

2005-04-26                     Senate Journal                      Page 1143
          A copy of that four page document, signed by Bruce                                        
          Twomley, chair of the CFEC and Arthur N. Nelson,                                          
          Chair of the BOF, dated April 5 and 6, 2005                                               
          respectively, is attached and made part of this                                           
          document.                                                                                 
                                                                                                    
           Memorandum of Understanding between the Alaska Board of                               
        Fisheries and the Alaska Commercial Fisheries Entry Commission                           
           with respect to the Gulf of Alaska Groundfish Fisheries                               
                                                                                                    
SB 113 (the Act) is now pending before the Alaska State Legislature                                 
and, if passed, would authorize (but not mandate) a dedicated access                                
privilege program (as defined in the Act) as a new, alternative form of                             
limited access potentially applicable for limiting access to the Gulf of                            
Alaska groundfish fisheries within State of Alaska jurisdiction.                                    
                                                                                                    
       AS 16.43.530(a) [Sec. 5, lines 4 - 8] provides in relevant part:                            
                                                                                                    
            If the commission finds that entry into a Gulf of                                       
            Alaska groundfish fishery should be limited on                                          
            the basis of dedicated access privileges to serve                                       
            the purposes of this chapter, the commission may                                        
            adopt regulations, developed in conjunction with                                        
            the Board of Fisheries,  that are necessary to                                          
            establish and implement a dedicated access                                              
            privilege program for that fishery.                                                     
                                                                                                    
This Memorandum of Understanding (MOU) between the Alaska                                           
Board of Fisheries (the Board) and the Alaska Commercial Fisheries                                  
Entry Commission (the Commission or CFEC) sets forth the                                            
agreement between the Board and the Commission outlining the                                        
procedure by which the two bodies intend to develop regulations in                                  
conjunction with each other. The purpose of this MOU is to provide a                                
working definition of the phrase "in conjunction with" as understood                                
by the two bodies. When this agreement is finalized, the Board and the                              
Commission will present the agreement to the legislature and propose                                
the agreement be incorporated into the legislative history of the Act.                              
                                                                                                    
This agreement will take effect on passage of the Act.                                              
                                                                                                    

2005-04-26                     Senate Journal                      Page 1144
In this agreement, references to the Board and to the Commission                                    
include representatives of each body delegated to ensure the outlined                               
procedure may go forward in a timely fashion not restricted by the                                  
public meeting schedule of either full body.                                                        
                                                                                                    
In this memorandum, the term fishery refers only to Gulf of Alaska                                  
groundfish fisheries as specified in AS 16.43.530(a).                                               
                                                                                                    
To outline the steps in the process by which the Board and the                                      
Commission will develop regulations for the Gulf of Alaska                                          
Groundfish fisheries under the Act, the Board and the Commission                                    
agree as follows.                                                                                   
                                                                                                    
(1) As practicable, the Board will continue to explore options through                              
the Gulf of Alaska Groundfish rationalization Committee process and                                 
will continue to include the Commission or its representative in such                               
meetings.                                                                                           
                                                                                                    
(2) As soon as practicable, the Board, in consultation with the Alaska                              
Department of Fish and Game (ADF&G), will identify for the                                          
Commission the particular fisheries the Board believes to be most in                                
need of immediate review. Similarly, the Board will identify those                                  
fisheries the Board believes do not require limited access at this time.                            
The Board may also transmit any guidance the Board wishes to offer                                  
with respect to the fisheries.                                                                      
                                                                                                    
Neither the Board nor the Commission will be proposing limited                                      
access for a fishery in the absence of an express request from                                      
participants in the fishery to do so. This practice pre-exists this                                 
agreement: in more than 20 years, the Commission has not proposed                                   
limitation of any fishery without a specific request from the public to                             
do so, and the commission has turned down many requests it has                                      
received.                                                                                           
                                                                                                    
(3) In light of the information presented by the Board and the                                      
ADF&G, the Commission will develop data and analyses of the                                         
fisheries and generally examine the fisheries under the standards set                               
forth in the Act.                                                                                   
                                                                                                    
                                                                                                    

2005-04-26                     Senate Journal                      Page 1145
(4) When the Commission develops preliminary findings or a proposal                                 
for any of the fisheries, prior to making a public proposal for the                                 
adoption of regulations, the Commission will present its preliminary                                
findings or proposal to the Board for the Board's review and guidance                               
under the standards set forth in the Act. The Board and the                                         
Commission will meet to discuss these matters. The Board may concur                                 
in the Commission's preliminary findings or proposal. In the event the                              
Board takes issue with any preliminary findings or the proposal, the                                
Board shall specify for CFEC how the particular matters fail to meet                                
the standards set forth in the Act or other policy goals of the Board.                              
Upon notice of such issues, CFEC will reconsider any of its                                         
preliminary findings or its proposal and report the results of its                                  
reconsideration to the Board.                                                                       
                                                                                                    
(5) When CFEC proposes regulations for a fishery, during the                                        
following public comment period, the Board and CFEC will hold joint                                 
hearings to receive public comment on the proposal. In addition, the                                
Commission will share any written public comment it receives with                                   
the Board.                                                                                          
                                                                                                    
(6) In addition to the Board's opportunity to comment under the                                     
procedures of paragraphs (2), (4), and the following paragraph (7), the                             
Board is free to comment throughout the public comment period.                                      
                                                                                                    
(7) Following the public comment period, based on public comment                                    
received, the Commission will develop and present to the Board its                                  
preliminary findings with respect to the proposed regulations including                             
proposed modifications of the original proposal. The Board may                                      
concur in these preliminary findings. In the event the Board takes issue                            
with any of the preliminary findings, the Board may ask the                                         
Commission to reconsider its preliminary findings specifying where                                  
they failed to serve standards set forth in the Act or other policies of                            
the Board. In the event the Board raises such issues, the Commission                                
will reconsider any of its preliminary findings.                                                    
                                                                                                    
(8) In making their final decision on proposed regulations for a                                    
fishery, the Commission will fully consider any comments by the                                     
Board and will specifically address those comments in writing in the                                
Commission's rationale supporting its final decision.                                               
                                                                                                    

2005-04-26                     Senate Journal                      Page 1146
(9) Future Commission regulatory proposals pursuant to the Act will                                 
be governed by the procedures outlined herein.                                                      
                                                                                                    
Alaska Board of Fisheries    Date: 4/6/2005                                                         
/s/                                                                                                 
Arthur N. Nelson                                                                                    
Chair                                                                                               
                                                                                                    
Alaska Commercial Fisheries Entry Commission Date: 4/5/2005                                         
/s/                                                                                                 
Bruce Twomley                                                                                       
Chair                                                                                               
                                                                                                    
Signing do pass: Senator Wagoner, Chair; Senators Elton, Seekins,                                   
Stedman, Ben Stevens. Signing no recommendation: Senators Dyson,                                    
Guess.                                                                                              
                                                                                                    
The following fiscal information was published today:                                               
 Fiscal Note No. 1, Department of Fish and Game                                                     
                                                                                                    
The bill was referred to the Finance Committee.