03/26/2013 10:00 AM House FISHERIES

              HB 18-PERSONAL USE FISHING PRIORITY                                                                           
                                                                                                                                
10:10:56 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON announced  that the only order of  business would be                                                               
HOUSE BILL  NO. 18,  "An Act providing  priority to  personal use                                                               
fisheries when fishing restrictions  are implemented to achieve a                                                               
management goal."                                                                                                               
                                                                                                                                
10:11:54 AM                                                                                                                   
                                                                                                                                
BILL STOLTZE,  Alaska State Legislature, presented  HB 18 stating                                                               
that the subject  of this bill has been  introduced over multiple                                                               
legislative sessions  out of  concern for the  way in  which some                                                               
fisheries are  being managed and  the need to  prioritize Alaskan                                                               
resident fishing needs.   The response by the  Board of Fisheries                                                               
(BOF), when  escapement goals  are not being  met in  the Susitna                                                               
drainage area, is to lower the  goals, which he opined is so non-                                                               
sensible "they might as well make it  zero."  It is an issue that                                                               
can wait  no longer to  be addressed despite perceptions  that it                                                               
may be legislative intrusion into the  BOF process.  He said that                                                               
in a time  of shortage Alaskan residents fishing  for personal or                                                               
subsistence use  should be given  first priority.  The  system in                                                               
the Susitna region  is broken, he stressed, which  may not extend                                                               
to  other areas.   He  suggested that  management of  the Susitna                                                               
area is based on a  vestigial approach that was established prior                                                               
to  the population  growth  and use  patterns  that have  changed                                                               
dramatically.   Allowing  out  of state  fishermen  a full  catch                                                               
yield is not  fair to frustrated Alaskan  fishermen, he stressed,                                                               
and the BOF  is indicating no expectation of  changing the status                                                               
quo management.   He warned that Alaskans are  reaching a boiling                                                               
point,  on  this issue,  and  an  initiative  may be  enacted  by                                                               
residents  due to  the  absence of  governmental  action; a  last                                                               
resort and  imperfect method.   The  bill is  straightforward and                                                               
the intent  is clear, though  opposition is expected to  come out                                                               
in force.                                                                                                                       
                                                                                                                                
10:18:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON  noted  that   the  personal  use  fishery                                                               
includes  finfish, shellfish,  and aquatic  plants, and  asked if                                                               
the focus of the bill is primarily on finfish.                                                                                  
                                                                                                                                
REPRESENTATIVE STOLTZE answered yes.                                                                                            
                                                                                                                                
REPRESENTATIVE HERRON queried if the  Alaska Department of Fish &                                                               
Game (ADF&G) and  the BOF are biased in allowing  priority use of                                                               
a  fishery and  possibly  favoring commercial  over personal  use                                                               
activity.                                                                                                                       
                                                                                                                                
REPRESENTATIVE STOLTZE answered  it is, and said  there is little                                                               
argument  that ADF&G  favors commercial  fisheries; well  over 90                                                               
percent  in shared  usage  areas.   Additionally,  a Kenai  based                                                               
commercial fisheries  group has  filed suit in  Washington, D.C.,                                                               
to close  the personal use  fisheries, through  implementation of                                                               
federal management,  because they  find it  discriminates against                                                               
out-of-state fishermen.   He cautioned that  there are background                                                               
manipulations  occurring,  sponsored   by  interest  groups  that                                                               
minimize  exposure in  industrial  reporting publications,  hence                                                               
many people are not aware of the activities taking place.                                                                       
                                                                                                                                
10:21:52 AM                                                                                                                   
                                                                                                                                
CHARLIE  SWANTON,  Director,  Division   of  Sport  Fish,  Alaska                                                               
Department of  Fish &  Game (ADF&G), said  that because  the bill                                                               
has  allocative  overtones  associated with  it,  the  department                                                               
takes a neutral stance.                                                                                                         
                                                                                                                                
10:22:18 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HERRON referred to  an administrative code and the                                                               
regulation  which states,  "allows  any  commercial fisherman  to                                                               
take unlimited  amounts for  personal use,"  and asked  about the                                                               
genesis of that regulation.                                                                                                     
                                                                                                                                
MR. SWANTON agreed to provide the information.                                                                                  
                                                                                                                                
10:23:09 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FEIGE   asked  what  guides  the   department  in                                                               
determining and to discriminate  between personal and subsistence                                                               
use.                                                                                                                            
                                                                                                                                
MR. SWANTON responded  that there is a  chapter in Administrative                                                               
Code 77 for  how these two fisheries are discerned  and agreed to                                                               
provide a  white paper  summary to the  committee, on  request of                                                               
Chairman Seaton.