Legislature(2025 - 2026)GRUENBERG 120
02/18/2025 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| HB93 | |
| HB33 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 93 | TELECONFERENCED | |
| *+ | HB 33 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED |
HB 33-CONFLICT OF INTEREST: BD FISHERIES/GAME
11:05:19 AM
CHAIR STUTES announced that the next order of business would be
HOUSE BILL NO. 33, "An Act relating to participation in matters
before the Board of Fisheries and the Board of Game by the
members of the respective boards; and providing for an effective
date."
11:05:44 AM
JANE PIERSON, Staff, Representative Louise Stutes, Alaska State
Legislature, on behalf of Representative Stutes, prime sponsor,
introduced HB 33. She said the bill would change the way the
Board of Fisheries and the Board of Game function by allowing
board members to deliberate on subjects in which they have
claimed a conflict of interest. She said Title 39 prohibits a
member from taking or withholding official action to affect a
matter in which members have conflicting interests. She said
these conflicts also include family members participating in
these matters. She said the conflicted board members can no
longer vote or engage in deliberations on an issue and said the
proposed bill would allow members to impart their knowledge to
the board prior to recusing themselves from a vote. She said
that these boards are different from other professional boards
and discussed the board members. She said that the selection
process for the board is contentious in order to populate boards
that are balanced. She said silencing voices during board
hearings erodes the public process. She noted that the
documents provided to committee members highlight the processes
associated with the boards and what recusals entail. She said
there are several times which board members must recuse
themselves and recusal rates between both boards were different.
She noted that in 2018 one member on the Board of Fisheries had
to recuse himself from one-third of fin-fish board discussions.
She said in rural Alaska, one family member may participate in a
line of work, and this prevents qualified applicants from
joining the board. She said that sometimes these conflicts of
interest also tie into subject matter expertise such as
commercial fishing or lodge ownership. She closed by remarking
that HB 33 would allow knowledge to be parted before recusals
occur and would result in stronger boards and stronger
deliberations.
11:12:06 AM
CHAIR STUTES announced the committee would hear invited
testimony on HB 33.
11:12:33 AM
JERRY MCCUNE, Gillnet Permit Holder, gave invited testimony in
support of HB 33. He remarked that Chair Stutes and her staff
did a good job explaining the bill. He said that when he was
younger, he wanted to be on the Board of Fisheries. He said
that when the conflict of interest first came to light, his
strike was being a permit holder, and his children and relatives
were also associated with the fishing industry. He mentioned
that he would be required to sit in the audience, not say
anything and that some subject matters didn't have experienced
voices. He said he dropped out because he couldn't do any good
for the community because he would be "conflicted out" of
multiple proposals. He said in a recent Southeast focused
meeting, some members were confused about geoducks because
subject experts were not available for discussion.
11:14:34 AM
REPRESENTATIVE VANCE remarked that his experience was needed for
discussions but also was a conflict of interest. She asked why
this bill was needed.
MR. MCCUNE responded that there are other board members who are
not commercial fisherman who face conflicts of interest. He
said HB 33 is needed because it keeps people out of the board
because they wouldn't have a say in matters.
REPRESENTATIVE VANCE asked what the extent is in which someone
must declare a conflict of interest.
MR. MCCUNE responded that holding a permit means that he could
benefit from decision making. A fish allocation between drift
netters and seiners could be one such example. He also said
that if a family member participates, then the same argument
could be made. He said he could not recall the statute but
understood that it included aunts and uncles. He discussed the
benefit factor with regards to fishing. He remarked that a
previous board member was estimated to sit out 33 discussions in
a row.
REPRESENTATIVE VANCE asked whether board members who sat out
were able to support conversations even without the ability to
vote.
MR. MCCUNE responded that he was required to sit in the
audience, and he could not be at the table with other board
members. His only avenue for speaking was a two-minute
testimony like the public. He said that during deliberations he
would not be able to provide insights and this is frustrating
because often board members could answer important questions
while they are recused.
11:19:33 AM
LINDA BEHNKEN, Executive Director, Alaska Longline Fishermen's
Association, testified in support of HB 33. She said the
association supports the ability to conduct deliberations but
recuse themselves from voting. She said that the board members
with immediate familial conflicts should be able to continue
deliberations and discussions. She said that participation
would allow better facilitation of questions and member
testimonies. She said that at a previous southeast board
meeting, nobody at the table had a fishing background and it
became clear that they did not understand the fishery or those
impacted by decision making. She said one board member couldn't
distinguish commercial trollers and commercial trawlers. She
said that expertise is critical for making informed decisions.
11:22:40 AM
CHAIR STUTES opened public testimony on HB 33.
11:23:00 AM
RICHIE DAVIS, Member, Seafood Producers Cooperative, testified
in support of HB 33. He said that the cooperative is the oldest
on the continent and over its history the members have been
involved in multiple historical events for Alaska. He said that
the Seafood Producers Co-op complements the others in describing
the challenges faced by board members relating to a conflict of
interest. He said these conflicts prevent volunteers for the
board and act as a deterrent for qualified individuals.
11:26:04 AM
CHAIR STUTES after ascertaining that there was no one else who
wished to testify, closed public testimony on HB 33.
11:26:16 AM
REPRESENTATIVE ELAM asked Chair Stutes if HB 33 would preclude
sport fishing folks from serving on the board.
CHAIR STUTES answered that it would not; it would keep a level
playing field.
11:26:50 AM
REPRESENTATIVE KOPP remarked that he was not aware how
dysfunctional this process has been. He appreciated this bill
and didn't know that fisherman needed to step away from boards.
He said it erodes the concept of a representative government.
11:28:14 AM
REPRESENTATIVE VANCE remarked that the legislature dealt with
the same issue regarding conflict of interest. She said that
knowledge and understanding of certain areas was important. She
said that HB 33 is consistent with what is expected with
legislators. She remarked that keeping expertise at the table
is vital for decision-making processes.
11:29:36 AM
REPRESENTATIVE MCCABE moved to report HB 33 out of the committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 33 was reported out of the
House Special Committee on Fisheries.