Legislature(2025 - 2026)GRUENBERG 120
02/18/2025 10:00 AM House FISHERIES
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Audio | Topic |
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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.