Legislature(2021 - 2022)GRUENBERG 120
04/20/2021 10:00 AM House FISHERIES
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| Audio | Topic |
|---|---|
| Start | |
| HB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 64 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 64-FISHERY DEVELOPMENT ASSOC.; ASSESSMENTS
10:05:47 AM
CHAIR TARR announced that the only order of business would be
HOUSE BILL NO. 64 "An Act relating to regional fishery
development associations; and relating to developing fishery
management assessments."
CHAIR TARR remarked that it was the second hearing of HB 64 in
the House Special Committee on Fisheries.
10:06:28 AM
SARA PERMAN, Staff, Representative Louise Stutes, Alaska State
Legislature, on behalf of Representative Stutes, prime sponsor
of HB 64, noted that at the last hearing, she had given a brief
introduction to HB 64, as well as a sectional analysis, and the
committee had heard invited and public testimony. She said she
would recap the purposed of the proposed legislation. Ms.
Perman stated that HB 64 would allow for the establishment of
regional fisheries development associations, which serve to help
new or developing fisheries get started. Further, the bill
would allow for the associations to leverage a management tax on
fishery products in order to operate the fisheries.
10:08:04 AM
CHAIR TARR, after ascertaining that no one had questions for Ms.
Perman, said she would entertain amendments.
10:08:31 AM
REPRESENTATIVE STUTES moved to adopt Amendment 1 to HB 64,
labeled 32-LS0293\B.1, Bullard, 4/14/21, which read as follows:
Page 2, line 20:
Delete "shall"
Insert "may"
Page 6, line 22, following "mailing":
Insert "or electronically transmitting"
Page 6, line 29, following "mail":
Insert "or electronically transmit"
Page 6, line 31, following "mailed":
Insert "or transmitted"
Page 7, line 1, following "mailed":
Insert "or transmitted"
Page 7, line 21, following "mail":
Insert "or by electronic transmission"
Page 11, lines 26 - 27:
Delete "and the Department of Environmental
Conservation"
Page 11, lines 28 - 30:
Delete "The qualified regional fishery development
association and the Department of Environmental
Conservation shall cooperate with the Department of
Fish and Game in the development of the annual
operating plan."
10:08:38 AM
REPRESENTATIVE TARR objected for the purpose of discussion.
10:08:47 AM
MS. PERMAN explained that the change under Amendment 1, from
"shall" to "may", was being proposed out of desire not to tie
the hands of the commissioner. She said the part of Amendment 1
that removes the Department of Environmental Conservation (DEC)
is because this department is not necessary for the process
involved; DEC has to be involved in the matter of paralytic
shellfish poisoning (PSP), but these fisheries are not doing
anything related to PSP. She then explained that the language
on page 1, lines 23, through page 2, line 2 is redundant
language, which is why Amendment 1 proposes to delete it.
10:12:02 AM
CHAIR TARR, on the last point, referred to invasive species and
jurisdiction. She asked, "And so, this wasn't written in that
way, where ... in one sentence [the Alaska] Department of Fish &
Game has to do this and then the other sentence DEC has to do
it, so that ... both of them get that directive?"
MS. PERMAN replied, "That's not my understanding."
10:12:40 AM
CHAIR TARR removed her objection to the motion to adopt
Amendment 1 to HB 64. There being no further objection,
Amendment was adopted.
CHAIR TARR invited questions and comment on HB 64, as amended.
10:13:05 AM
REPRESENTATIVE MCCABE expressed concern regarding the fiscal
note(s) and the amount of money that would be required. He
read, "It is unknown how many associations will form and if
their members will elect to pay the assessment tax for
management of the fisheries." He questioned whether not
electing to pay the tax would mean the department would still
manage the fishery. He clarified he thinks the bill itself is
"a good idea," but said he is hung up on the fiscal notes.
10:13:58 AM
REPRESENTATIVE STUTES remarked that the fisheries would not take
place unless they are self-assessed. In response to
Representative McCabe, she emphasized that what is being
addressed is new, developing fisheries.
10:15:35 AM
FORREST BOWERS, Deputy Director, Division of Commercial
Fisheries, Alaska Department of Fish & Game, stated that HB 64
is directed at new and developing fisheries where the Alaska
Department of Fish & Game (ADF&G) does not have adequate funding
to conduct a stock assessment to determine what sustained yield
harvest would be. He confirmed that a fishery would not open
"unless we had the means to determine what a sustained yield
harvest would look like," which he said is done through "some
sort of a stock assessment survey." The bill would generate
funds from the fishery to manage the fishery. He concluded,
"So, no stock assessment, no season, no fishery."
10:16:40 AM
REPRESENTATIVE KREISS-TOMKINS noted there is no effective date
in the proposed legislation; therefore, he asked how quickly the
proposed plan would be a reality. He ask whether a regulatory
drafting process would need to occur first.
MR. BOWERS answered that he does not think [passage] of HB 64
would require any follow-up regulatory action. He said ADF&G
would work from new statutory language proposed under HB 64 and
could "implement this" as soon as anyone asked to form a fishery
development association.
10:18:40 AM
NICOLE REYNOLDS, Deputy Director, Tax Division, Department of
Revenue, in response to the same question from Representative
Kreiss-Tomkins, offered her understanding that without an
effective date, a bill would take effect 90 days after being
signed into law. As soon as that occurred, the Department of
Revenue (DOR) would begin administering the tax if the regional
association voted to assess a tax, she said.
10:19:43 AM
CHAIR TARR thanked the sponsor's staff and those who had
responded to questions. She said she would entertain a motion.
10:20:12 AM
REPRESENTATIVE KREISS-TOMKINS moved to report HB 64, as amended,
out of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
64(FSH) was reported out of the House Special Committee on
Fisheries.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 64 Sponsor Statement Version B 03.16.2021.pdf |
HFSH 4/1/2021 10:00:00 AM HFSH 4/20/2021 10:00:00 AM |
HB 64 |
| HB 64 Version B 2.18.2021.PDF |
HFSH 4/1/2021 10:00:00 AM HFSH 4/20/2021 10:00:00 AM |
HB 64 |
| HB 64 Sectional Analysis Version B 03.24.21.pdf |
HFSH 4/1/2021 10:00:00 AM HFSH 4/20/2021 10:00:00 AM |
HB 64 |
| HB 64 Fiscal Note - DOR-TAX 3.26.21.pdf |
HFSH 4/1/2021 10:00:00 AM HFSH 4/20/2021 10:00:00 AM |
HB 64 |
| HB 64 Fiscal Note - DFG-DCF 3.27.21.pdf |
HFSH 4/1/2021 10:00:00 AM HFSH 4/20/2021 10:00:00 AM |
HB 64 |
| HB 64 Testimony Received by 3.31.21.pdf |
HFSH 4/1/2021 10:00:00 AM HFSH 4/20/2021 10:00:00 AM |
HB 64 |
| HB 64 Amendment One - B.1 - Stutes 4.14.21.pdf |
HFSH 4/20/2021 10:00:00 AM |
HB 64 |