05/08/2005 01:00 PM Senate FINANCE

                                                                                                                                
     CS FOR HOUSE BILL NO. 26(FIN)                                                                                              
     "An Act relating to short-term commercial fishing crewmember                                                               
     licenses; and providing for an effective date."                                                                            
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
ADAM BERG, Staff  to Representative Carl Moses, the  bill's sponsor,                                                            
explained  that, were  this bill  enacted, a  person, regardless  of                                                            
residency  status, could  purchase "a seven-day  commercial  fishing                                                            
crew member  license" for $30. The  only option currently  available                                                            
is an  annual  license for  a fee  of $60  for a  resident and  $180                                                            
dollars for a non-resident.                                                                                                     
                                                                                                                                
1:04:13 PM                                                                                                                    
                                                                                                                                
Mr.  Berg  noted  this  legislation  would  also  allow   commercial                                                            
fishermen  to  generate  money  from  the  tourist  industry.  While                                                            
commercial  fishermen are currently  able to take tourists  on their                                                            
vessels,  the tourists  are  prohibited  from participating  in  the                                                            
"hands on" commercial  fishing experience. They cannot  touch a fish                                                            
or any of the gear without a crewmember license.                                                                                
                                                                                                                                
Mr. Berg stated that this  legislation would also provide commercial                                                            
fishermen the  ability to hire short-term  temporary help  at a more                                                            
affordable price  in times when permanent crew members  were sick or                                                            
when  manpower  availability  lessened  near the  end  of a  fishing                                                            
season.                                                                                                                         
                                                                                                                                
Co-Chair Green  asked for information about the vessel  liability in                                                            
these cases.                                                                                                                    
                                                                                                                                
1:05:06 PM                                                                                                                    
                                                                                                                                
Mr. Berg responded  that while commercial  vessels are not  required                                                            
to carry liability  insurance, it  would be "strongly recommended",                                                             
as, otherwise,  the  vessel and  the operation  could  be placed  in                                                            
jeopardy.                                                                                                                       
                                                                                                                                
Co-Chair Green  asked for examples  of what might be at risk  in the                                                            
case of such litigation.                                                                                                        
                                                                                                                                
Mr. Berg  expressed that  everything a fisherman  owned would  be at                                                            
risk  of  being  lost  were one  to  elect  not  to  have  liability                                                            
coverage.  However, most  commercial fishermen  carry liability  and                                                            
the expectation  would be that those  who not astute in that  regard                                                            
would not participate in this endeavor.                                                                                         
                                                                                                                                
Co-Chair  Green  asked  whether a  commercial  fishermen  who  hires                                                            
tourists  or other short  term seasonal workers  might experience  a                                                            
monetary  increase in their  liability coverage  rates, and  whether                                                            
the reporting  requirements for this type of operation  might differ                                                            
from the norm.                                                                                                                  
                                                                                                                                
Mr. Berg stated that any  commercial fisherman who charged money for                                                            
taking people  out on his or her boat would be considered  a "vessel                                                            
for hire" under  federal law by the  United States Coast  Guard. The                                                            
vessel  for hire  status would  require  the operator  to have  such                                                            
things  as a  Six-Pack  License, first  aid  and CPR  training,  and                                                            
random drug testing for the crew.                                                                                               
                                                                                                                                
Co-Chair  Green ascertained  therefore that  "the standard  would be                                                            
higher".                                                                                                                        
                                                                                                                                
Mr. Berg affirmed.                                                                                                              
                                                                                                                                
Co-Chair  Green understood  that  a  commercial fisherman  would  be                                                            
aware of those requirements.                                                                                                    
                                                                                                                                
Senator  Olson  asked  whether   a provision   of  this  nature  had                                                            
previously existed in the commercial fishing industry.                                                                          
                                                                                                                                
Mr. Berg  clarified that  tourists could  currently purchase  a crew                                                            
license; however,  it is a more expensive  longer-term license.  The                                                            
short-term, less expensive license could expand the market.                                                                     
                                                                                                                                
Co-Chair  Wilken  moved  to  report the  bill  from  Committee  with                                                            
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There being no objection,  CS HB 26(FIN) was REPORTED from Committee                                                            
with  $1,700  fiscal  note  #1 dated  February  11,  2005  from  the                                                            
Department of  Fish and Game and indeterminate fiscal  note #2 dated                                                            
February  15,  2005  from the  Department  of  Labor  and  Workforce                                                            
Development.                                                                                                                    
                                                                                                                                
1:08:03 PM                                                                                                                    
                                                                                                                                
AT EASE 1:09:06 PM / 1:13:56 PM