Legislature(1995 - 1996)
05/06/1995 09:40 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 107(FSH)
An Act relating to restrictions attached to certain
commercial fisheries limited entry permits.
Co-chairman Halford directed that CSHB 107 (FSH) be brought
on for discussion. SENATOR TAYLOR came forward, directed
attention to SCS CSHB 107 (Res), and explained that changes
therein would result in a title change and subsequent
debate. He suggested that the bill is of sufficient
importance that consideration should revert to the version
transmitted by the House.
Senator Taylor acknowledged that problems with the present
limited entry system should be addressed. However, the
proposed bill is not the vehicle in which to do so. If it
is not possible to act on the House bill, Senator Taylor
suggested a two-year extension of the moratorium to prevent
depletion of the resource by "outside boats." That could
occur since the original moratorium is in its wind-down
year, and open season on entry into the dungeness fishery
would result if something is not passed this year.
Co-chairman Halford voiced interest in ensuring that permits
are not transferable. Prior discussion indicates that such
action is too late in coming. While permit entry to
individual fisheries is acceptable, transfer of permits for
money is wrong.
KATHERINE BUCHANAN, aide to Representative Grussendorf, came
before committee. She explained that the original bill
would allow the limited entry commission to use "a few more
tools to decide how to limit the entry . . . ." Original
limited entry provisions were for salmon. The crab fishery
is different. The proposed bill would allow the commission
to base the limited entry permit on the past number of pots
fished, if it chose to do so.
BRUCE TWOMLEY, Limited Entry Commission, Dept. of Fish and
Game, came before committee. He explained that the bill
only applies to fisheries not yet limited. The net fishery
would not be impacted. In response to a question from
Senator Rieger, Mr. Twomley explained that all net salmon
fisheries are 100% limited. He acknowledged that some
herring and other species are not under limited entry
provisions.
Responding to a further comment by Senator Rieger, Mr.
Twomley said that the commission has no authority over
halibut, advising, "The feds have captured that through a
treaty entered some time ago." The proposed bill is
directed to a specific fishery with an existing deadline.
The Southeast dungeness fishery is under a moratorium
authorized by legislation. The moratorium expires in
January. A dungeness fleet is poised outside of Alaska
ready to take advantage of the opening unless the state can
follow through with a plan. The proposed bill represents a
plan and "something near a consensus" that members of fleet,
bureaucrats, and legislators have been able to work out.
This solution would maintain controls and avoid the
threatened invasion.
Ms. Buchanan explained that the Senate Resources version of
the bill would allow permits to be stacked. An individual
fisherman issued a 50-pot permit could purchase additional
permits up to a 300-pot maximum. Co-chairman Halford
reiterated that the change necessitated a title amendment
and suggested that need for new title language be avoided at
this late stage of the session.
Senator Rieger asked if the limited entry commission would
support the change within SCS CSHB 107 (Res) had it not
necessitated a title change. Mr. Twomley explained that the
commission did not oppose the change nor would it oppose
deletion. Of primary interest is the bill transmitted by
the House.
Further discussion of the reach of the Senate version
followed.
Senator Zharoff inquired concerning additional tools
provided to the commission by the proposed bill. Mr.
Twomley referenced ability to limit growth in fisheries
which are not now limited. He spoke specifically to
fisheries consisting of a large variety of people fishing at
different levels of participation and cited the Southeast
dungeness fishery as an example.
In response to an additional question from Senator Zharoff
concerning public input, Mr. Twomley assured that maximum
public input would be guaranteed under existing law. Any
proposal would have to be put before the public and proceed
through the "entire process."
Senator Zharoff asked if the bill would impact sea urchin or
sea cucumber fisheries. Mr. Twomley acknowledged that both
the House and Senate versions could encompass those areas.
Discussion followed between Senator Rieger and Mr. Twomley
regarding limited entry permit transfer procedures and laws
governing transfer. Mr. Twomley said that Alaska law
generally controls because transfer does not occur until or
unless the limited entry commission approves the transfer.
He acknowledged limited intrusion of federal law.
Senator Zharoff MOVED for passage of CSHB 107 (FSH) with
individual recommendations and the accompanying zero fiscal
note. No objection having been raised, CSHB 107 (FSH) was
REPORTED OUT of committee with a zero fiscal note from the
Dept. of Fish and Game. Senator Rieger and Senator Zharoff
signed the committee report with a "do pass" recommendation.
Co-chairman Halford and Senators Phillips and Sharp signed
"no recommendation."
RECESS
Co-chairman Halford announced that the meeting would be
recessed at this time prior to commencement of work on HB 78
and HB 217. The meeting was recessed at approximately 10:55
a.m. and scheduled to reconvene at 12:30 p.m.
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