Legislature(2025 - 2026)BARNES 124
03/17/2025 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): | |
| HB33 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 33 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 33-CONFLICT OF INTEREST: BD FISHERIES/GAME
1:59:25 PM
CO-CHAIR BURKE announced that the final 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."
1:59:47 PM
CO-CHAIR BURKE reopened public testimony on HB 33.
1:59:52 PM
JERRY MCCUNE, Government Relations, Commercial Fisheries
Hatcheries, testified in support of HB 33. He described the
difficulties encountered by a board member who was a commercial
fisherman or related to a commercial fisherman and how they were
not able to answer questions or offer expertise due to being
"conflicted out." He explained how this meant that important
information might not be brought to light. He agreed that a
board member with conflicts should not be able to vote but said
they should be able to offer their expertise.
2:02:46 PM
MR. MCCUNE, in response to a question from Representative
Saddler, explained that based on interpretations by the State of
Alaska Department of Law, lodge owners and guides are
categorized as services rather than commercial enterprises.
2:03:51 PM
MR. MCCUNE addressed several questions from Representative Elam
regarding representation on the Board of Fisheries. He
described why he believed it was an advantage to some user
groups if commercial fishermen could not contribute to the
discussion. Regarding why the Board of Fisheries is different
from other boards, he used the example of the Alaska Board of
Chiropractic Examiners which has only chiropractors while the
Board of Fisheries represents a number of interests. In terms
of whether the board is evenly distributed among user groups, he
said the balance changes from time to time, but he believed that
sports fishing is more heavily represented.
2:08:25 PM
MR. MCCUNE responded to a question from Representative Saddler
by emphasizing the importance of having a balance of interests
on the board.
2:10:10 PM
TRACY WELCH, Executive Director, United Fishermen of Alaska
(UFA), testified in support of HB 33. She described UFA and who
it represents. She described the reasons UFA supported HB 33,
emphasizing that board members with subject matter expertise
should be able to stay at the table to clarify issues that are
outside the expertise of other board members.
2:11:55 PM
MS. WELCH, in response to a question from Representative
Saddler, clarified her understanding that a board member who has
a conflict is prohibited from voting.
2:13:47 PM
NELS EVANS, Executive Director, Petersburg Vessel Owner's
Association, testified in support of HB 33. He pointed out that
those who have the most knowledge on commercial fisheries are
often conflicted out. If they are board members, they cannot
provide nuanced information relevant to matters before the
board, whereas sports and subsistence fisheries are allowed to
contribute to the conversation.
2:16:18 PM
LINDA BEHNKEN, Executive Director, Alaska Longline Fishermen's
Association, testified in support of HB 33. She stated that
individuals who have conflicts of interest people should be able
to clarify and provide information. She gave an example of
someone who did not understand the difference between trolling
and trawling or of different types of fish. A board member with
commercial fishing expertise would be able to clear up such
misunderstandings.
2:19:13 PM
MARK RICHARDS, Executive Director, Resident Hunters of Alaska,
testified in support of HB 33, as long as board members were not
allowed to vote on issues if they have conflicts of interest.
He pointed out that members with potential conflicts often have
relevant information to share.
2:21:11 PM
MR. RICHARDS, in response to several questions from
Representative Saddler, discussed Board of Fisheries
deliberations of the committee as a whole and pointed out how
that process differed from that of the Board of Game.
2:24:37 PM
SUSAN DOHERTY, General Manager, Southeast Regional Aquaculture
Association, testified in support of HB 33. She pointed out
that board members did not necessarily have the knowledge to ask
good questions which would help them rule on particular
proposals. She understood that people with conflicts should not
be able to vote. However, it seemed counterproductive to be
appointed but not be able to offer information. She described
how the board would determine if a member was conflicted out.
She also discussed the difference between offering information
during a meeting of the committee as a whole and contributing to
board deliberations.
2:28:01 PM
MS. DOHERTY responded to a question from Representative Saddler
regarding how conflicts of interest were determined.
2:30:27 PM
MALCOLM MILNE, President, North Pacific Fisheries Association,
testified in support of HB 33. He said he concurred with the
other witnesses and emphasized the importance of the issue.
2:32:08 PM
NATE ROSE, Vice President, Kodiak Seiners Association, testified
in support of HB 33. He described the complexity of the
management plan for Kodiak seiners and explained why it was
important for the seiners to provide clarity to the Board of
Fisheries' process.
2:34:49 PM
CO-CHAIR BURKE, after ascertaining there was no one else who
wished to testify, close public testimony on HB 33.
2:34:56 PM
REPRESENTATIVE LOUISE STUTES, Alaska State Legislature, as prime
sponsor of HB 33, in a closing statement, offered points of
clarification. She said she thinks it was made clear that the
Board of Fisheries and the Board of Game are unique because they
allocate state resources. She spoke about the key elements of
deliberation, comparing what is considered during board meetings
as similar to what is done by committee members in the
legislature. She pointed out that the sole change under HB 33
would be that if the supervisor or a majority of the members of
the respective board determine that a member's further
involvement will result in a conflict, then the member may not
vote.
2:39:42 PM
REPRESENTATIVE STUTES, regarding a comment from Representative
Mears, confirmed that because of [the current law], there are
people who are deciding not to serve on the board.
2:40:06 PM
REPRESENTATIVE STUTES, in response to a question from
Representative Saddler, explained that language in AS 39.52.960
clearly delineates what a conflict is.
2:43:01 PM
REPRESENTATIVE STUTES, in response to Representative Coulombe,
explained that the "supervisor" is the chair of the Board of
Fisheries. Regarding a list of recusals from 2005-2018, she
indicated that the proposed legislation would not have nearly as
big an impact on the Board of Game as it would the Board of
Fisheries. She reiterated that under this legislation if ethics
violations or conflicts were determined by the committee or by
statute, the member could not vote, but the member could
participate in discussions.
2:45:48 PM
JANE PIERSON, Staff, Representative Louise Stutes, Alaska State
Legislature, on behalf of Representative Stutes, prime sponsor
of HB 33, responded to a question from Representative Saddler by
echoing the sponsor's answer to Representative Coulombe that the
supervisor is the chair. Further, she noted that there is an
attorney general member present to help with legal issues.
2:47:33 PM
ART NELSON, Executive Director, Board of Fisheries, Alaska
Department of Fish & Game, in response to a follow-up question
from Representative Saddler as to whether the aforementioned
title of supervisor referred to anyone other than what is
referred to as the "designated supervisor" in the Ethics Act,
stated his understanding that "they are one and the same."
2:48:49 PM
MS. PIERSON, in response to Representative Elam as to whether
there is a commercial component to the Board of Game, said she
was not sure of the question but proffered that "there are hunts
that are sold" and "big game can be shut down."
REPRESENTATIVE STUTES suggested there might be a commercial
aspect to the Board of Game in terms of hunts that are guided
versus those that are not. She pointed out that she had not
delved into that issue since the Board of Game had indicated it
did not think HB 33 would have much effect on its operations.
REPRESENTATIVE ELAM explained that it feels as though the Board
of Fisheries has a greater tendency to get lopsided in terms of
balance of power.
REPRESENTATIVE STUTES replied that the user groups of the two
boards are similar and each hope to maintain their allocative
structure.
2:51:57 PM
REPRESENTATIVE COULOMBE noted a letter of opposition existed in
the bill file, written by a former chair of the Board of Game.
2:52:20 PM
CO-CHAIR DIBERT moved to report HB 33 out of committee with
individual recommendations and the attached zero fiscal note.
REPRESENTATIVE SADDLER objected. He said he still held concern
regarding "the provision that would allow a member with a
declared conflict to vote" and he would like to do further
research.
2:53:01 PM
A roll call vote was taken. Representatives Mears, Fields,
Hall, Dibert, and Burke voted in favor of reporting HB 33 out of
committee with individual recommendations and the attached zero
fiscal note. Representatives Elam, Coulombe, Rauscher, and
Saddler voted against it. Therefore, HB 33 was reported out of
the House Resources Standing Committee by a vote of 5-4.
| Document Name | Date/Time | Subjects |
|---|---|---|
| H RES big game commercial services board resumes 25.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| Jessie Chmielowski AOGCC Resume 2024_Redacted.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| Sam Laffey Assessment Review Resume_Redacted.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| 2025 BGCSB Bloomquist & McCarthy Recomendation Letter to House Res.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| Susan A written testimony nominees considered H RES 3.17_Redacted.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| Written Testimony HB 33 H RES 3.17 redacted.pdf |
HRES 3/17/2025 1:00:00 PM |
HB 33 |