Legislature(2011 - 2012)CAPITOL 120
03/15/2011 05:00 PM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| Overview: Commercial Fisheries Entry Commission (cfec) | |
| HB20 | |
| HB181 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 20 | TELECONFERENCED | |
| *+ | HB 181 | TELECONFERENCED | |
HB 20-PERSONAL USE FISHING PRIORITY
5:24:38 PM
CHAIR THOMPSON announced that the next order of business would
be HOUSE BILL NO. 20, "An Act providing for a priority for a
fishery that is restricted to residents when fishing
restrictions are implemented to achieve a management goal."
5:28:18 PM
REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, speaking
as the prime sponsor, said the intent of the bill is to ensure
local fish for subsistence users and local fisherman.
5:30:50 PM
REPRESENTATIVE AUSTERMAN asked for further discussion regarding
the subsistence and personal use definitions. The bill may need
to have the language clarified.
REPRESENTATIVE STOLTZE indicated that the personal and
subsistence use terms have been used interchangeably in the bill
to ensure that Alaskans are served.
5:33:24 PM
REPRESENTATIVE HERRON referred to the back-up material in the
committee packet and asked for comment on whether this bill
effectively handicaps the BOF.
REPRESENTATIVE STOLTZE said no, and opined that the BOF will be
better served because the bill neutralizes biases, clarifies
political facets, and removes perceived handcuffs for making
policy decisions. He reported that, during the last BOF cycle,
a measure was introduced to restrict the dip net authorization
to 10 fish per family, and, also, litigation has been lodged by
fishery associations to eliminate personal use dip net fisheries
altogether. An estimated 100,000 Alaskans participate in this
fishery, and it should be prioritized for Alaskans first, he
opined.
5:36:26 PM
REPRESENTATIVE AUSTERMAN recalled that a statute, or regulation,
may exist, which establishes a priority for the personal use
fishery.
REPRESENTATIVE STOLTZE offered to provide that information to
the committee.
5:37:28 PM
REPRESENTATIVE HERRON said intercept debates occur in the
district he represents, and asked whether HB 20 addresses
intercept fisheries.
REPRESENTATIVE STOLTZE stated his belief that the bill may help
the situation on the Yukon River and similar intercept
fisheries.
REPRESENTATIVE HERRON restated, and said that the escapement
grounds are up-river from the personal use fisheries and
commercial fisheries occur further down river. He asked how
escapement can be achieved under those circumstances, and does
the bill modulate that type of multiple uses.
REPRESENTATIVE STOLTZE stated his belief that the bill allows
ADF&G the appropriate latitude to ensure that escapement goals
are achieved.
5:41:39 PM
REPRESENTATIVE MILLER queried what agency would have authority
for making the decisions called for in the bill.
REPRESENTATIVE STOLTZE replied that the regional department
biologist determines whether escapement is being attained, and
it appears that, currently, the decisions are made too late to
benefit the personal use fisheries.
5:43:25 PM
REPRESENTATIVE AUSTERMAN questioned whether the bill language
protects the resource specifically for Alaskan residents.
REPRESENTATIVE STOLTZE agreed that clarity may need to be
considered, and "resident" may not be the best term.
5:45:22 PM
REPRESENTATIVE JOHNSON predicted that when HB 20 becomes law
there will be a lawsuit.
REPRESENTATIVE STOLTZE pointed out that lawsuits have already
been filed by Cordova United Fisherman, based on residency
criteria. Therefore, the battle has already begun.
5:47:00 PM
CHARLIE SWANTON, Director, Division of Sport Fish, Alaska
Department of Fish and Game (ADF&G), said the issue is
contentious regarding fisheries resources, and reported that
perhaps 55 personal use fisheries exist across the state,
ranging from the harvest of salmon to shellfish. To a committee
question, he said the department has a neutral position on HB
20.
5:49:13 PM
REPRESENTATIVE MILLER noted that the bill language takes an
affirmative stance and asked whether the department will be able
to maintain a neutral position.
MR. SWANTON stated his belief that the department has
historically done a reasonably good job of managing the personal
use fisheries while meeting escapement objectives and providing
opportunities for the co-existence of multiple fisheries under
the current regimen.
5:52:53 PM
CHAIR THOMPSON observed that if there is a restriction due to a
declining run, it could require a larger escapement to ensure
that the personal use fishery would be fulfilled, and asked for
comment.
MR. SWANTON responded:
It certainly could manifest itself in that framework.
It just depends on the fishery, how it's configured
and where the personal use fishery fits into the
stream of various uses.
5:54:12 PM
REPRESENTATIVE JOHNSON asked if it is consistent with every
fishery that, when restrictions are implemented, the priority is
always adhered to in order to achieve management goals.
MR. SWANTON replied that meeting established escapement numbers
is the primary goal.
5:55:59 PM
REPRESENTATIVE HERRON requested that the department provide a
position on HB 181, rather than remaining neutral.
5:58:05 PM
BEN MULLIGAN, Legislative Liaison, Alaska Department of Fish &
Game, offered that discussions have occurred and an official
position can be brought to the committee, upon request.
CHAIR THOMPSON asked that a written response be made to the
committee.
REPRESENTATIVE AUSTERMAN indicated that this is a policy issue
for the legislature, providing a directive to the BOF,
regardless of whichever position the department holds.
6:01:06 PM
REPRESENTATIVE STOLTZE indicated that there will be a large
number of Alaskans who will testify on HB 20. He called for a
deliberative committee process for crafting the bill, and said
he would like to avoid an initiative process from constituents;
cautioning that pent up frustration surrounds the issue.
CHAIR THOMPSON announced that HB 20 would be held over.
The committee took a brief at-ease at 6:03 p.m.