Legislature(2021 - 2022)SENATE FINANCE 532
04/27/2022 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB243 | |
| HB28 | |
| HB79 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 28 | TELECONFERENCED | |
| + | HB 79 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 243 | TELECONFERENCED | |
CS FOR HOUSE BILL NO. 79(FIN)
"An Act relating to sport fishing operators and sport
fishing guides; requiring the Department of Fish and
Game to prepare and submit a report; and providing for
an effective date."
10:05:02 AM
Co-Chair Bishop relayed that it was the first hearing for
HB 79. The committee intend to hear a bill introduction and
sectional analysis, take public testimony, and set the bill
aside.
10:05:32 AM
DOUGLAS VINCENT-LANG, COMMISSIONER, DEPARTMENT OF FISH AND
GAME, spoke to the bill. He noted that the legislation was
introduced by the governor and was a department priority.
He shared that with the bill, the department wanted to
reinstate the saltwater licensing and reporting
requirements. He continued that the sport fish guide and
operators license were first adopted during the 2003-2004
legislative session and took effect in 2005, and remained
in effect through December 31, 2014, when they expired due
to a sunset clause. The legislation had been passed based
on the urging of freshwater and saltwater guides who were
looking to professionalize the industry.
Commissioner Vincent-Lang recounted that during 2015-2016
legislative session, only the saltwater licensing and
reporting requirements were reinstated with a sunset of
2018. The legislation stripped the freshwater provisions
from the bill, which the department supported as it was not
using the freshwater information for in-season assessment
of fisheries. He mentioned minor logbook violations and
used the example of an error in the reporting of the number
of graylings released. He mentioned loss of concession
programs, notably on federal lands. After the legislation
sunset in 2018, the legislature had provided some bridge
funding through UGF, which had since ceased. There was no
legislation in place to pay for the marine logbook program.
Commissioner Vincent-Lang mentioned that logbook data had
been collected by the department from saltwater
sportfishing businesses and guides since 1998. He
emphasized the importance of the data as utilized by the
state for Pacific Salmon Treaty obligations, the
International Pacific Halibut Commission (IPHC), and the
North Pacific Fishery Management Council. He mentioned the
importance of avoiding duplicative reporting mechanisms and
undue burden on the charter fishing industry. He cited that
logbook data also supported a myriad of critical uses,
including but not limited to state fishery monitoring and
management, advisory announcements and emergency orders,
the Alaska Board of Fisheries advisory committees, external
communications, and other applications. He referenced the
logbook use summary included in members bill packets (copy
on file).
Commissioner Vincent-Lang discussed use of logbook data
that resulted in relaxing regulations enacted by IPHC,
which resulted additional opportunity and participation in
halibut charter fisheries. Fees collected as part of the
bill would provide the data necessary to manage marine
charter fisheries, which contributed over $1.5 million to
the states economy. He reiterated that the bill had been
introduced by the governor, who saw it as a necessary tool
in managing saltwater charter fisheries.
10:09:20 AM
Co-Chair Stedman agreed with the commissioner and thought
it was critical that the department understood the pressure
on all the states fisheries. He was concerned that
management was not possible without understanding, and the
state would lose its fisheries. He asked with help in
understanding the effect of lack of logbook data due to the
program sunset in the past.
Commissioner Vincent-Lang relayed that the department had
continued the logbook program under a registration program
adopted by the Alaska Board of Fisheries. The registration
program did not have an associated fee to pay for the
logbook program. The department had absorbed the costs into
its operation budget and had worked with the industry to
find ways to recover some of the costs. He thought there
would be letters of support and testimony in support of
funding the program.
Co-Chair Stedman saw there was some data in the packet in a
letter of written testimony (copy on file). He asked if the
department could provide information on registered
sportfishing guides around the state so the committee could
get an idea of regional impact. He thought the guided and
unguided sportfishing number was significant in his region.
Commissioner Vincent-Lang agreed to provide the
information.
Co-Chair Bishop asked for the information to be distributed
to his office for dissemination to the members.
10:11:35 AM
RACHEL HANKE, LEGISLATIVE LIAISON, DEPARTMENT OF FISH AND
GAME, addressed a Sectional Analysis (copy on file):
Section 1
Establishes license fees for resident saltwater sport
fishing guides and operators.
• Resident guide license - $100
• Resident operator license - $200
• Resident operator and guide combined license - $200
Establishes license fees for nonresident saltwater
sport fishing guides and operators.
• Nonresident guide license - $200
• Nonresident operator license - $400
• Nonresident operator and guide combined license -
$400
Section 2
Adds new Article to AS 16.40 that
• AS 16.40.262 provides stipulations for the
saltwater sport fishing operator license and defines
the license type
o Includes requirements such as a business license
and general liability insurance
• AS 16.40.272 provides stipulations for the
saltwater sport fishing guide license and combined
operator guide license, defines both license types
o Includes requirements such as a current sport
fishing license and first aid certification
• AS 16.40.282 establishes the logbook reporting
requirements for saltwater guides and operators.
Allows the department to collect freshwater logbook
information if the departments deems the information
necessary.
• AS 16.40.292 establishes penalties for violations
the of the chapter
• AS 16.40.301 defines "saltwater sport fishing
guide" and "saltwater sport fishing guide services".
Section 3
Adds saltwater sport fishing operator and guide
license to AS 25.27.244(s)(2) which defines "license"
in statutes regarding the Child Support Services
Agency.
Section 4
Uncodified law directing the Department of Fish and
Game to prepare a report for the legislature proposing
solutions to gathering harvest data for the saltwater
rental and unguided fishing industry, due December 1,
2023.
Section 5
Effective date of January 1, 2023
Senator Wilson understood that currently, logbooks were
issued, and data gathering was required. He asked if the
bill requested funding for processing the information.
Commissioner Vincent-Lang affirmed that the bill sought
funding to implement the program and ensure it could be
continued into the future. He noted that the department was
collecting logbook information but sought to make the
program electronic. The department was struggling to find
the funds to modernize the logbook. Additionally, the
department was seeking federal funds but had thus far been
unsuccessful.
Senator Wilson understood that the department was
requesting approximately $1 million per year to manage an
ongoing database.
Commissioner Vincent-Lang explained that the requested
funds would be spent to license guides and business, issue
logbooks, and make the information available to the
entities that the department reported to.
10:14:27 AM
Co-Chair Stedman thought his district was one of the top
guided areas of the state including Price of Wales Island,
Baranof Island, Chichagof Island, and other inland areas.
He noted his district also had a lot of non-residents
coming to the area with significantly sized boats and
sometimes fished all summer long cycling guests in and out
of the area while doing a lot of fishing. He likened the
practice to much like a fishing lodge. He wondered how to
differentiate the issue from other fishing guide
operations.
Commissioner Vincent-Lang stated that the program operated
by defining a guide as compensation for services. If there
was compensation involved in the scenario described by Co-
Chair Stedman, there would be a requirement for the vessel
to obtain a guide license and have a logbook on board. If
there was no compensation, the harvest would be captured
through the state harvest survey as an unguided harvest.
Co-Chair Stedman asked if compensation included groceries
and fuel. He described a scenario with payment in-kind.
Commissioner Vincent-Lang relayed that guiding involved
direct compensation to assist an angler in catching fish.
He thought if an individual provided fuel to a guide that
was taking someone to a fishing spot to harvest, it would
require a guide license.
Senator Hoffman mentioned people providing indirect
services and personal use fishing with family and friends.
He thought indirect use by those from out of state needed
to be addressed. He wondered if the commissioner could
comment on modifying the bill to stipulate that out of
state residents that took indirect compensation needed to
have guide licenses.
Commissioner Vincent-Lang had not given a great deal of
thought to the subject. He wanted to check with Department
of Law to see how the commerce clause might come into play.
He agreed to look into the matter and get back to Senator
Hoffman with more information.
Senator Wilson mentioned the bill previously heard in the
meeting and asked if the regulations were written for the
change proposed in the bill.
Commissioner Vincent-Lang affirmed that the bill proposed
to restore a program for which the regulations were already
largely written.
10:19:15 AM
Co-Chair Bishop OPENED public testimony.
10:19:26 AM
Co-Chair Bishop CLOSED public testimony.
HB 79 was HEARD and HELD in committee for further
consideration.