Legislature(1997 - 1998)
04/17/1997 08:15 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL 19
"An Act relating to licensing of sport fishing services
operators and fishing guides; and providing for an
effective date."
REPRESENTATIVE ALAN AUSTERMAN stated that licensing of sport
fishing is an important and rapidly growing commercial
industry in the Alaska economy. The ability of the State to
provide for the sustainable development and a sound,
sensible management of our fishery resource is dependent
upon the availability of complete information from which to
base decisions.
He noted that there is lack of data available regarding the
commercial guided sport fishery in Alaska. Currently, no
uniform licensing procedure for sport fish guides exists in
Alaska. Registration of the guides themselves is required
on a few rivers, but not everywhere. Thus, we do not have
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complete information about who is actively engaged in
commercial sport fish guiding, how many clients are served,
what the catch rates are, and what rivers, streams and
marine waters are being utilized.
Representative Austerman pointed out that Section 1 of HB 19
would include "the sport fishing services industry" under
the authorities of the Board of Fisheries, "as needed for
the conservation, development and utilization of fisheries".
Inclusion of that language, gives the Board the same
regulatory authority with guide business operators that it
currently has with the commercial, sport, guided sport,
subsistence and personal use fishing. The "guided sport",
currently, in existing statute has been generally
interpreted to limit the Board's regulatory authority over
exclusively guided anglers.
Representative Austerman continued, HB 19 would establish in
statute, a sport fish guide licensing program and would
require the Alaska Department of Fish and Game to collect
the needed information for a period of three years. It
would not impose any limitations on the number of guides or
vessels in the State, nor would it affect their activities
other than having to report and carry that documentation.
The cost of licensing, data gathering, analysis and
enforcement would be funded by the revenues generated from
the license fees. The program would be fiscally self-
sustaining.
Representative Austerman provided a sectional analysis of
the proposed legislation indicating how it would relate to
the proposed amendment. He noted that new language had been
added, following a determination by the attorney for Board
of Fish and the Attorney General's office that the Board of
Fish does not have the authority to regulate the guided
sport industry. It had been assumed that they carried that
authority. The new language addresses that concern. He
elaborated that the amendment provided by Representative
Mulder removes the new language. [Copy on file].
LARRY ENGEL, (TESTIFIED VIA TELECONFERENCE), BOARD OF
FISHERIES, MAT-SU, explained that the Alaska Board of
Fisheries supports the legislation. Both the Board and the
task force believe that a comprehensive licensing system is
needed to better define the diverse industry. The proposed
licensing system provides needed definitions for companies
and individuals who provide sport fishing, guiding,
chartering, and outfitting services. Through such
definitions, it is hoped that the industry can be more fully
identified and organized. He added, it is believed that the
definitions will close loopholes in current definitions,
thereby, providing a level playing field for the industry
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and for better enforcement of regulations pertaining to
sport fishing guides and charters.
Mr. Engel acknowledged that a comprehensive licensing
program will add stability to this economically important
industry which supports many jobs throughout Alaska.
Representative Mulder commented that he supported licensing
guides, but had misgivings with the broad regulatory powers
bestowed upon the Board. He questioned why the Board of
Fisheries was taking such a pro-active stance. Mr. Engel
replied that the Board of Fisheries has embraced the concept
of the legislation. The Board wants to know who the guides
are and how they run their business. At this time, the
guides only need to register. He reiterated that there is
no accountability and no licensing. Representative Mulder
questioned at what point does the board become punitive
toward the guides.
Co-Chair Hanley asked who was responsible for setting the
limitation for guides on the Kenai River. Mr. Engel stated
that the requirements are established by the Alaska Board of
Fisheries. Co-Chair Hanley questioned the net effect if the
language was deleted as proposed in Amendment #1. [Copy on
file].
KEVIN DELANEY, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
DIVISION OF SPORT FISH, DEPARTMENT OF FISH AND GAME,
ANCHORAGE, voiced support for the proposed legislation. He
noted that sport fish guiding is a critical link in the
State's natural resource based economy. Sport fish guiding
activities have increased across all regions of the State.
With this growth has come increased concern for fishery
resources and the quality of the sport fishing experience.
HB 19 would provide for definition of statutory reporting
requirements and penalties for noncompliance. If adopted by
law, the legislation would acknowledge this industry as a
profession which utilizes the State's fishery resources and
would create a framework for the industry in the future.
JOHN GLASS, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
DIVISION OF FISH AND WILDLIFE PROTECTION, ANCHORAGE, stated
that the Division of Fish and Wildlife Protection endorses
passage of the proposed legislation.
JOHN GOODHAND, (TESTIFIED VIA TELECONFERENCE), VALDEZ
CHARTER BOAT ASSOCIATION, TASK FORCE FOR GUIDE CHARTER,
VALDEZ, agreed that the proposed legislation would provide
accountability for all guides.
(Tape Change HFC 97-103, Side 1).
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Mr. Goodhand continued, the proposed legislation is not a
limited entry program. He referenced the large growth
within the industry.
DAN COFFEY, (TESTIFIED VIA TELECONFERENCE), ATTORNEY,
SUBCOMMITTEE, BOARD OF FISHERIES, ANCHORAGE, noted that the
Board formally supports the proposed legislation because of
the substantial growth in the guided fishery industry and
the difficulties the Board has experienced resulting from
that growth. The Board believes that the legislation is
appropriate and necessary.
ALAN LEMASTER, (TESTIFIED VIA TELECONFERENCE), GAKONA,
voiced his concerns with the proposed fees. Representative
Austerman explained that the Department of Law has indicated
that cases exist in reference to license fees between
resident and non-residents. The Department recommends that
the current ratio should be lower determined by the amount
of State dollars spent on the industry.
STEVEN DAUGHERTY, ASSISTANT ATTORNEY GENERAL, ALASKA BOARD
OF FISHERIES, DEPARTMENT OF LAW, explained that the Board's
current authority under Section 12, AS 05.16.05.251, is over
guided sport fishing, not direct authority over the guide
him/herself. The guide is not the person who is physically
engaged in the activity, rather, the one who is taking the
client out. Most of the Board's regulations are worded
specifically toward the client. There are only a few
regulations which directly apply to guides. Registration
requirements have been approved by the Department of Law
because they are reasonably necessary in order to implement
the Board's authority to guide sport fishermen and are not
substantive requirements.
Mr. Daugherty continued, there will be challenges if the
Board is not given explicate authority to regulate the
guided sport industry rather than just the guided sport
fishermen.
DONALD WESTLUND, (TESTIFIED VIA TELECONFERENCE), CHARTER
GUIDE, KETCHIKAN, suggested that the bill would cause a
duplication of reporting for the sport fish industry. He
noted that he did not support the legislation.
HB 19 was HELD in Committee for further consideration.
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