Legislature(2015 - 2016)HOUSE FINANCE 519
04/03/2015 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB100 | |
| HB41 | |
| HB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 80 | TELECONFERENCED | |
| + | HB 15 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 155 | TELECONFERENCED | |
| *+ | HB 100 | TELECONFERENCED | |
| += | HB 41 | TELECONFERENCED | |
| += | HB 49 | TELECONFERENCED | |
HOUSE BILL NO. 41
"An Act relating to sport fishing services, sport
fishing operators, and sport fishing guides; and
providing for an effective date."
2:12:54 PM
Co-Chair Neuman MOVED to ADOPT the proposed committee
substitute for HB 41, Work Draft 29-LS0238\, Bullard,
3/25/15. There being NO OBJECTION, it was so ordered.
JANE PIERSON, STAFF, REPRESENTATIVE STEVE THOMPSON,
explained the changes in the committee substitute. She
stated that Sections 1 and 2 were eliminated in the current
version.
Co-Chair Neuman wondered if the elimination of the two
sections resulted in a positive fiscal note. Ms. Pierson
responded affirmatively.
REPRESENTATIVE CATHY TILTON, SPONSOR, explained that the
bill was a sunset repealer of the sport fishing licensure.
She spoke in support of the committee substitute, and
appreciated the work to make a positive fiscal note.
Co-Chair Neuman queried the issue of federal log books and
whether electronic monitoring would occur in the current
year. Representative Tilton responded that the bill did not
cover the issue of federal log books. .
HEATH HILYARD, STAFF, REPRESENTATIVE CATHY TILTON, referred
to Mr. Johnson who had come in front of the committee
regarding the federal issue as related to the log books. He
agreed with Mr. Johnson's concerns, but stressed that the
bill could not fix those concerns.
2:17:37 PM
Representative Munoz asked about the issue of the
electronic submission of the data, and wondered if the
system would work in concert with the federal programs. Mr.
Hilyard responded that the log books were interrelated. The
Department of Fish and Game (DFG) collected the halibut
data and submitted the data to the National Marine Fishery
Service. That data would then influence determinations on
annual harvest measures.
Representative Munoz asked if the goal was to keep the data
limited to one-time input. Mr. Hilyard deferred to DFG.
TOM BROOKOVER, DEPARTMENT OF FISH AND GAME, replied that
the log book program was intended to cover both the federal
and state requirements. The electronic log book program
would expand its license modernization effort through a
pilot electronic log book program on the Kenai River.
Representative Munoz asked about the issue of bear boats as
an exemption from the charter requirements. She wondered
how that activity was in the charter regulations. Mr.
Hilyard replied that the issue was about the point at what
constitutes a "charter." He explained that there were some
various business models that may or may not provide guides
on those boats. He stated that the council had adopted a
new regulation that only incentivized operators to be
cleverer about how to structure their operation. The
current regulation stipulated that an outfit could not
provide further assistance, once the angler line was in the
water.
2:23:22 PM
Representative Munoz was concerned with anglers in small
boats that belong to lodges. She wondered how to get a
handle on the out of state fish shipments. Mr. Hilyard
pointed out that salmon was a state-managed fish, so the
state could put a limitation based on residency. He
furthered that halibut was a federally regulated fish, so
there was no limitation based on residency. He stated that
the federal government put limitations on guided versus
unguided fish.
Representative Wilson asked what would happen if the bill
does not pass. Mr. Hilyard responded that DPS was offering
stopgap permits, but did not receive any revenue. He
deferred to Mr. Brookover.
Mr. Brookover said that without the bill, a fee could not
be required.
Representative Wilson wanted to understand all of the
requirements of the permit. She wondered if the bill
disadvantaged those people who were only trying to fish for
personal reasons.
Co-Chair Thompson commented about the definition of a
friend. He stressed there should be safety measures in
place.
2:28:49 PM
Representative Wilson wanted to hear the difference between
someone who wanted to fish for food, but could not afford
their own boat; versus a visitor who wanted an Alaskan
experience.
Representative Kawasaki asked about the original intent of
the bill. He surmised that there was a growth in sport fish
charter operators. Mr. Hilyard responded that regardless of
the significant restrictions on harvest levels for charter
fishing, the charter fishery did exceed its allocation of
halibut by a very significant margin. He stressed that
there was still a concern about the fishery continuing to
exceed its harvest.
Representative Kawasaki queried the original intent of the
original 2004 legislation. Mr. Brookover responded that the
information on guide numbers and their fishing activities
was very limited or not available in many parts of the
state. There was a registration requirement at the time,
but anyone could come in and register. It was discovered
that a licensing requirement providing information about
who was actively participating in the fishery.
2:33:02 PM
Representative Kawasaki asked why there was a five-year
sunset placed on the original legislation, and another five
years in 2009. Mr. Brookover replied that he did not know
the reason for the five-year sunset.
Representative Kawasaki recalled a discussion about the
need for some receipts to enact the log book program. He
explained that there was a discussion in 2009 about DFG
needing a revenue stream to continue the log book. Mr.
Hilyard replied that he was not aware of that conversation.
Co-Chair Neuman said that he had spent some time on the
legislation, so he offered some responses to some committee
members' inquiries. In response to a question from
Representative Kawasaki, he said that DFG did not need
additional funds to fully implement and expand the log book
program. The department had completed the electronic
licensing program, so no further funds were necessary. He
stated that the program was initially formulated to ensure
safety.
Representative Gattis looked at it from the standpoint of
how it affected her district. She did not feel it affected
the Mat-Su. She stressed that it was truly about the
electronic log book.
2:39:26 PM
Representative Pruitt wanted to return to the bare boat
situation. He wanted to know if those were exempt. Mr.
Hilyard replied that they may or may not be exempt.
Representative Pruitt wondered if there were individuals
who were taking money from other Alaskans by not
participating in the program. Mr. Hilyard replied that the
ethical businesses were paying their taxes, but may not be
licensed to guide.
Co-Chair Neuman shared that there were skiff rentals in
Southeast Alaska that did not require guides.
2:42:51 PM
RYAN MAKINSTER, DIRECTOR, SOUTHEAST ALASKA GUIDES
ORGANIZATION (via teleconference), spoke in favor of the
bill. He stated that the program had worked well in the
past, and was beneficial to his organization's members and
the industry. He stated that the industry standards, safety
requirements, insurance, and ability to track data in the
log book were all beneficial to the industry.
2:45:00 PM
ANDY MEZIROW, GOVERNOR'S APPOINTEE, NORTH PACIFIC FISHERY
MANAGEMENT COUNCIL (via teleconference), spoke in favor of
the bill. He understood that there was some resistance to
doubling the fee, but felt that the fee increase would
stabilize the program to 2026. He felt that the industry
would help the current budget crisis. He remarked that the
log books were used to determine the guided angler
participation, catch levels, and release mortality. Each
guide must be identified in order to proper regulate the
industry.
Co-Chair Thompson CLOSED public testimony.
2:47:41 PM
Representative Munoz queried the difference between the
nonresident and resident fishing limits on salmon. She
wondered if a person on a bare boat would have different
fishing limits than a guided operation. Mr. Hilyard
responded the salmon limit was based on residency, not
whether the angler was with a guide or no guide. He
believed that the limit for king salmon in Southeast was 3
per day for a resident, and 2 per day - with a maximum of 6
annually - for a nonresident.
Co-Chair Neuman remarked that it was anticipated that the
regulations be implemented March 31, 2016. He remarked that
staff must be in place to work on the log books. Mr.
Brookover agreed. He stated that the department was issuing
log books in 2015, and proceeding accordingly. He was
confident that the regulations could be in place by the
deadline.
2:51:34 PM
Co-Chair Neuman asked Representative Tilton about making
sure there was not a gap with funding and the effective
date.
Co-Chair Neuman discussed the fiscal note.
Co-Chair Neuman MOVED to report CSHB 41(FIN) out of
Committee with individual recommendations and the
accompanying fiscal note.
There being NO OBJECTION, CSHB 41(FIN) was REPORTED out of
committee with a "no recommendation" recommendation and
with a new fiscal impact note from the Department of Fish
and Game.
2:55:14 PM
AT EASE
2:57:05 PM
RECONVENED