Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/14/2015 01:30 PM Senate LABOR & COMMERCE
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 | |
| HB26 | |
| HB116 | |
| HB178 | |
| HB46 | |
| HB41 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 107 | TELECONFERENCED | |
| + | HB 26 | TELECONFERENCED | |
| + | HB 41 | TELECONFERENCED | |
| + | HB 46 | TELECONFERENCED | |
| + | HB 116 | TELECONFERENCED | |
| + | HB 178 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 41-SPORT FISHING SERVICES
2:41:03 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of HB 41. "An Act relating to sport fishing
services, sport fishing operators, and sport fishing guides; and
providing for an effective date." [CSHB 41(FIN) AM was before
the committee.]
2:41:24 PM
REPRESENTATIVE CATHY TILTON, Sponsor of HB 41, explained that HB
41 seeks to re-establish the sport fishing guide and operator
licenses which sunsetted on December 31, 2014. This licensure
was originally adopted by the legislature in 2004 and
implemented by the Department of Fish and Game (ADF&G) in 2005.
These licenses help to mitigate unmanaged growth of the charter
fishing sector while ensuring a basic level of professional
certification for individuals who serve the guided recreational
fishing public.
In re-establishing HB 41, the existing fee structure has been
amended making the program revenue positive. The legislation is
not meant to single out any sector of the fishing industry, it
is simply to continue the program that was already in effect.
The bill reestablishes the licenses that have benefited the
guided sport fishing industry and the general public and
increases the revenue necessary to establish and maintain the
electronic logbook program that assists in critical management
decisions.
SENATOR STEVENS asked how much the fees would be increased.
REPRESENTATIVE TILTON replied the fees would double.
CHAIR COSTELLO asked if there is any opposition to the bill and
who is on record supporting the legislation.
2:44:30 PM
KEITH HILYARD, Staff, Representative Cathy Tilton, explained
that one person testified in House Finance suggesting a
qualified amendment for HB 41 pertaining to federal fisheries
management and a guide from MatSu wrote a letter in opposition.
Supporting letters have come from several charter operators in
Juneau, the Southeast Alaska Guides organization, and several
charter operators have testified in support of the bill. He
described the charter industry as generally supportive although
the salt water guides feel more urgency than fresh water guides.
He noted that amendments that passed on the House floor were
trying to be responsive to concerns brought forward by fresh
water guides.
CHAIR COSTELLO asked him to summarize the House floor
amendments.
MR. HILYARD explained that the requirement that a person holding
a sport fishing guide or operator's license must also have a
Coast Guard license was removed from Section 4, page 3, lines
10-19. This was done because it placed an undue burden on fresh
water guides in Interior Alaska where navigable waters aren't
determined and thus a Coast Guard license isn't needed. Second,
the sunset date in Section 11 was changed from ten years to five
years.
2:47:45 PM
CHAIR COSTELLO asked him to review the electronic logbook
program.
MR. HILYARD explained that ADF&G has discussed an electronic
logbook for years. It would aid in the data collection and
analysis. The paper logbook is used to help both the state and
federal fisheries managers make allocation decisions. The
revenue stream associated with the increase would help support
the establishment and maintenance of an electronic logbook. He
offered his understanding that ADF&G intends to do a beta test
in the Kenai River area this summer.
SENATOR MEYER asked when the sunset occurs.
MR. HILYARD replied it's 2021.
CHAIR COSTELLO asked Mr. Mulligan to expand on the discussion of
the electronic logbook program.
2:49:36 PM
BEN MULLIGAN, Legislative Liaison, Alaska Department of Fish and
Game (ADF&G), explained that the infrastructure to get the beta
test in place is part of an overall electronic modernization CIP
project the department received through the budget several years
ago. The program will be expanded depending on the success of
the beta test, but it is a priority.
CHAIR COSTELLO asked if the department has a position on the
bill.
MR. MULLIGAN stated that the department supports getting the
program back into place.
2:51:39 PM
TOM BROOKOVER, Acting Director, Division of Sport Fish, Alaska
Department of Fish and Game (ADF&G), stated that the electronic
logbook program is a continuing element of the license
modernization effort. He reported that the online licensing
store was launched about a month ago and the division is looking
at two elements to further that initiative. One is to enable
personal use permitting and reporting capabilities for the Cook
Inlet and Chitna personal use fisheries. Second is a pilot
program on the Kenai for an electronic logbook program for
charter boats. He related that the department anticipates full
implementation in the next year or two. He confirmed Mr.
Mulligan's statement that the department supports HB 41.
2:54:10 PM
CHAIR COSTELLO opened public testimony.
2:54:31 PM
DICK ROHRER, representing himself, Kodiak, Alaska said he has
been a big game guide since the early 1970s and a sport fish
guide since the early 1980s, and HB 41 potentially jeopardizes
his sport fish guiding license. He directed attention to the
penalty section on page 5, lines 22-30. He read the provision in
subsection (c) and submitted that the penalties are potentially
far too severe in cases where the logbook report is not received
by ADF&G in a timely manner. He suggested inserting the word
"intentionally" on line 22 to clarify that the provision and
penalty targets a person who knowingly and intentionally fails
to meet the deadline. He explained that for logbook reporting
purposes the week runs Monday to Sunday. Any activity on Sunday
would have to be submitted to fish and game the following Monday
or the guide is in violation of subsection (c). The penalty is
very severe if that happens more than once.
MR. ROHRER highlighted that the logbook program largely relates
to charter boat operators that are in and out of town every day.
That is not the case for guides that operate remotely,
particularly guides operating in Interior areas and/or big game
guides that have a client who wants to do incidental fishing. He
provided an example to illustrate the timing difficulties that
remote guides face. He flies a bear hunting client to his camp
on Kodiak Island on Saturday April 18 for a two week hunt. The
client does incidental fishing on Saturday and Sunday April 18
and 19 so the logbook report for that incidental fishing is due
on April 27. The client isn't flying back until May 2 so he as
the guide has to charter a plane at a cost of $1,000 to pick up
that logbook report.
MR. ROHRER pointed out that legislation that was considered
several years relating to the sport fish guiding industry
included an exemption clause for big game guides who had clients
that did incidental sport fishing while on a contracted big game
hunt. He suggested that the exemption is appropriate in these
circumstances.
2:59:40 PM
CHAIR COSTELLO announced that she would hold HB 41 in committee
with public testimony open.