Legislature(2021 - 2022)BUTROVICH 205
02/07/2022 03:30 PM Senate RESOURCES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 28 | TELECONFERENCED | |
HB 28-REGISTRATION OF BOATS: EXEMPTION
3:31:48 PM
CHAIR REVAK announced the consideration of CS FOR HOUSE BILL
NO. 28(FIN) "An Act relating to the registration of commercial
vessels; and providing for an effective date."
3:33:25 PM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, Anchorage,
Alaska, gave an overview of HB 28 on behalf of the House Special
Committee on Fisheries. This bill exempts active documented
commercial fishing vessels from a duplicative registration
requirement. In 2019, the Division of Motor Vehicles discovered
the duplicative registration requirement while interpreting
newly enacted legislation [Senate Bill 92, 2018]. Subsequently,
the matter was brought to the attention of the previous House
Special Committee on Fisheries chair, Representative Stutes. To
date, the duplicative registration requirement has not been
enforced. She emphasized that HB 28 has the support of committee
members, the commercial fishing industry, and others who
otherwise want Senate Bill 92, the Derelict Vessels Act, to
remain intact.
3:35:44 PM
THATCHER BROUWER, Staff, Representative Geran Tarr, Alaska State
Legislature, Juneau, Alaska, briefly summarized HB 28. This bill
makes one small change to law; specifically, HB 28 proposes to
repeal the DMV license requirement for documented commercial
fishing vessels, added in 2019 pursuant to Senate Bill 92. If HB
28 passes, it will only pertain to U.S. Coast Guard (USCG)
documented commercial fishing vessels. Those vessels would not
have to register with the Division of Motor Vehicles (DMV) but
would be required to register with the Commercial Fisheries
Entry Commission (CFEC) every year. He emphasized that the
passage of HB 28 will not affect the requirements for
recreational and undocumented commercial fishing vessels; those
requirements will remain the same.
3:37:00 PM
MR. THATCHER reasoned why the CFEC registration would be a
viable alternative to the DMV registration by summarizing the
following points taken from the CFEC slide presentation titled
Commercial Fishing Vessel Licensing in Alaska:
1) Commercial fishing vessels based or operating in Alaska are
required, and have always been required, to license their
fishing vessels with the Commercial Fisheries Entry Commission.
The license is renewed annually and provides the necessary
ownership information in a publicly accessible state database.
2) If a commercial fishing vessel were to sink, the harbormaster
could use the CFEC database to find a vessel description and
contact information.
3) Commercial fishing vessels are required to display their 5-
digit registration number on both sides of the vessel in 12-
inches-high by 1-inch-wide numbers, and they are required to
affix their annual registration decal on the port side of the
vessel.
4) The display of both the license number and decal give
enforcement officers the necessary tools to ensure commercial
fishing vessels are registered.
MR. THATCHER stated that HB 28 would institute an annual $8 fee
for all CFEC registered documented vessels instead of the 3-year
$24 fee charged at DMV. The annual $8 fee will ensure CFEC
registered vessels still contribute to programs that licensing
fees help support, including boating safety programs and the
derelict vessel fund. With this provision, the bill becomes
cost-neutral.
MR. THATCHER noted that HB 28 was drafted in 2021, so dates in
this bill need to be updated to reflect the current year, 2022.
This bill will streamline the registration requirements for
documented commercial fishing vessels and provide continued
access to the vessel's ownership details.
3:40:03 PM
MR. THATCHER paraphrased the sectional analysis on HB 28:
[Original punctuation provided.]
SECTIONAL ANALYSIS
(Revised 5.3.21)
Section One
Amends AS 05.25.055(i) to exempt documented commercial
vessels with a valid certificate of documentation
issued by the United States Coast Guard and a license
issued by the Commercial Fisheries Entry Commission,
under AS 16.05.490 or AS 16.05.530, from the provision
that requires owners to register their vessel with the
Division of Motor Vehicles.
Section Two
Adds a new section to AS 16.05.475, that assesses a
new additional annual $8 registration fee for
documented vessels licensed with the Commercial
Fisheries Entry Commission, beginning January 1, 2022.
This is in lieu of the current 3-year $24 fee
collected by the Division of Motor Vehicles at the
time of registration or registration renewal.
The fee will be accounted for separately as provided
for in AS 05.25.096(b), to be made available for use
by the Departments of Administration, Natural
Resources and Commerce, Community and Economic
Development.
MR. THATCHER noted that fees had been used primarily for boating
safety programs and the derelict vessel fund.
3:41:05 PM
Section Three
Adds a new section to the uncodified law of the State
of Alaska which requires the Commercial Fisheries
Entry Commission waive the $8 dollar registration fees
for calendar year 2022 for vessel owners that already
paid the registration fee to the Division of Motor
Vehicles for 2020.
Additionally, the commission will waive the $8
registration fee for both calendar year 2022 and 2023
if a vessel owner has paid their registration fee to
the Division of Motor Vehicles in 2021.
This section ensures that as vessel owners' transition
to paying an extra $8 to register with the Commercial
Fisheries Entry Commission, they do not pay the
Commission for the years they have already registered
with the Division of Motor Vehicles.
MR. THATCHER explained that a vessel owner who paid DMV $24 last
year would be exempt from the CFEC $8 annual fee for the next
two years.
Section Four
Adds a new section to the uncodified law of Alaska to
make section one of this act retroactive to January 1,
2021.
Section Five
Establishes an immediate effective date for the
remainder of the bill.
3:41:56 PM
CHAIR REVAK thanked Mr. Thatcher for the sectional analysis.
CHAIR REVAK opened invited testimony on HB 28.
3:42:33 PM
TRACY WELCH, Executive Director, United Fishermen of Alaska,
Petersburg, Alaska, provided invited testimony in support of HB
28. She stated that she represents the United Fishermen of
Alaska (UFA). UFA is the statewide commercial fishing trade
association, representing 37 commercial fishing organizations
participating in fisheries throughout the state and the federal
fisheries off Alaska's coast. UFA supports HB 28. This bill
would remove the need for an additional vessel registration with
the DMV as required by Senate Bill 92 and provide an exemption
for documented vessels registered with the CFEC, thereby
eliminating the need for duplicative registration. One of the
main objectives Senate Bill 92 set out to accomplish was the
creation of a state-managed database that could be used to
determine the ownership of abandoned vessels. A database for
active commercial vessels already exists and is housed within
CFEC.
MS. WELCH stated that all active vessels participating in state
fisheries are currently required to be registered with CFEC.
CFEC registration includes the owner's name, current address,
vessel dimension, make, model, and a host of other identifying
information about the vessel. When a vessel registers with the
CFEC, the vessel is provided with a permanent ADF&G number that
must be displayed clearly and visible on both sides of the
vessel. The vessel also receives an aluminum triangle plate with
that same ADF&G number stamped on it and is also required to be
displayed on the side of the vessel. Vessel owners must renew
yearly with the CFEC to receive a current-year decal that is to
be affixed to the triangle. Owners are required to verify their
contact and vessel information during the yearly renewal
process.
MS. WELCH said that these requirements and markings all
contribute to identify an individual vessel and its owner. The
information associated with a given commercial vessel is readily
available to the public in a state-managed database. The
database is easily searchable and consistently updated. Vessels
registered with the CFEC are well documented with the State of
Alaska. Passing HB 28 will still serve the purpose of Senate
Bill 92 while eliminating the need for duplicative registration
and easing the burden on commercial fishermen in Alaska.
3:44:53 PM
SENATOR BISHOP thanked Ms. Welch for doing a marvelous job.
MS. WELCH replied that it was her first time before the
committee, so the praise was appreciated.
3:45:12 PM
CHAIR REVAK summarized the issue, stating the state has double-
government and the goal is single-government without affecting
vessel licensing in any other way. He sought confirmation that
HB 28 would eliminate the duplicative registration issue.
3:45:44 PM
ALPHEUS BULLARD, Legislative Counsel, Legislative Affairs
Agency, Juneau, Alaska, provided legal testimony on HB 28. He
agreed with Chair Revaks characterization of the bill.
3:46:09 PM
CHAIR REVAK opened public testimony on HB 28.
3:46:25 PM
JAMES SQUYRES, Representing Self, Rural Deltana, Alaska,
testified in support of HB 28. He stated that he has about an
11 1/2-year maritime background, including piloting a 37-foot
sailboat around the world on a U.S. documented vessel. HB 28
remedies an injustice resulting from the implementation of
Senate Bill 92. He recommended amending the bill to exclude all
USCG documented vessels as it was before Senate Bill 92, as
exempt from the numbering and registration provisions of this
section. Senate Bill 92 unnecessarily increased the governments
size, scope, and footprint with duplication and an onerous
system that affects private USCG documented vessels and the DMV.
Correct the problem by exempting private USCG documented
vessels. He stated that since Senate Bill 92 passed, no funds
have gone to derelict removal as of April 2021. He questioned
whether the derelict vessel removal fund had received any money
or if the limited funds had been spirited off for other
purposes. Senate Bill 92 increased the burden on DMVs, USCG
documented vessels, troopers, and the commercial fishing
industry to collect a de minimis fee. This issue, coupled with
duplicative tracking, has pushed the problem over the top.
Senate Bill 92 was not well thought out, resulting in unforeseen
consequences to maritime liberty. [The committee was considering
HB 28.]
3:49:08 PM
MALCOLM MILNE, President, North Pacific Fisheries Association
(NPFA), Homer, Alaska, testified in support of HB 28. He stated
that NPFA is a commercial fishing organization that represents
about 80 vessels and a variety of gear types. He supported the
derelict vessel bill [Senate Bill 92] but had not anticipated
the extra paperwork. A binder is carried aboard his boat to
satisfy federal, USCG, state, and local requirements. It's a lot
of paperwork. He stated that being a small business owner, he
does not employ a compliance officer to track paperwork. He is
happy to keep up with paperwork to comply but would prefer to
eliminate duplication and avoid unnecessary paperwork.
3:50:23 PM
CHAIR REVAK closed public testimony on HB 28 and stated his
intention to hold the bill.
3:50:41 PM
SENATOR MICCICHE stated that the previous legislature
deliberated this issue. Unfortunately, time was cut short with
COVID and other matters, leaving the issue unresolved. It was an
unintended consequence.
SENATOR MICCICHE pointed out that it is important to realize
that commercial fishing vessels sometimes have latent permits,
unrenewed permits or CFEC numbers. The working group that
spearheaded Senate Bill 92 considered this point in trying to
devise a construct to identify derelict vessels and their
owners.
SENATOR MICCICHE addressed the mountain of requirements issue.
DMV never enforced that portion of the bill because the division
understood the legislative intent of Senate Bill 92 and knew
that the legislature intended to correct the statute.
SENATOR MICCICHE expressed appreciation that HB 28 was brought
forward to make the necessary correction.
[CHAIR REVAK held HB 28 in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 28 Research - Commercial Fishing Vessel Licensing Overview - CFEC 3.21.21.pdf |
HFSH 3/23/2021 11:00:00 AM HFSH 3/25/2021 10:30:00 AM HFSH 3/30/2021 10:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Research - USCG Documentation and Tonnage Brochure - Speaker Stutes 3.4.20.pdf |
HFSH 3/23/2021 11:00:00 AM HFSH 3/25/2021 10:30:00 AM HFSH 3/30/2021 10:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Testimony Received by 3.24.21.pdf |
HFSH 3/25/2021 10:30:00 AM HFSH 3/30/2021 10:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Research - Info from Legislative Finance - Bell 3.24.21.pdf |
HFSH 3/30/2021 10:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Research - Boat Receipts Allocation Summary 3.24.21.pdf |
HFSH 3/30/2021 10:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Research - DMV Registration FAQ 2019.pdf |
HFSH 3/30/2021 10:00:00 AM SFIN 4/27/2022 9:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Explanation of Changes - Version A to B 4.2.21.pdf |
HFIN 4/22/2021 9:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Testimony Received by 4.2.21.pdf |
HFIN 4/22/2021 9:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 CS (FIN) Version I 5.3.21.PDF |
SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Sectional Analysis - Version I 5.3.21.pdf |
SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Sponsor Statement Version I 5.3.21.pdf |
SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Explanation of Changes - Version A to B 4.2.21.pdf |
SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Explanation of Changes - Version B to I 5.4.21.pdf |
SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Research - Commercial Fishing Vessel Licensing Overview - CFEC 3.21.21.pdf |
SFIN 4/27/2022 9:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Research - Summary of Vessel Registration Requirements - Representative Tarr 5.7.21.pdf |
SFIN 4/27/2022 9:00:00 AM SRES 2/7/2022 3:30:00 PM |
HB 28 |
| HB 28 Research - DMV Registration FAQ - CFEC June, 2019.pdf |
SRES 2/7/2022 3:30:00 PM |
HB 28 |