02/26/2013 10:00 AM House FISHERIES

                      HB 110-BARBED HOOKS                                                                                   
                                                                                                                                
11:12:07 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
HOUSE BILL NO.  110, "An Act prohibiting the use  of barbed hooks                                                               
in certain freshwater areas."                                                                                                   
                                                                                                                                
11:13:10 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON, speaking as the  sponsor, clarified that the intent                                                               
of  the  bill is  not  to  create  additional catch  and  release                                                               
fisheries, but to  lower the mortality of fish  that are released                                                               
in catch  and release fisheries.   He opened public  testimony on                                                               
HB 110.                                                                                                                         
                                                                                                                                
11:15:18 AM                                                                                                                   
                                                                                                                                
STEVE RUNYAN  informed the committee  he is  representing himself                                                               
and disclosed he is a former  chair and current vice-chair of the                                                               
Susitna Valley Fish & Game  Advisory Committee, Alaska Department                                                               
of Fish  & Game (ADF&G).   He opined  the issues addressed  by HB
 should be decided by the  Board of Fisheries (BOF), ADF&G, on                                                               
a   case-by-case  basis   under  the   realm  of   BOF  statewide                                                               
regulations.   However, directing comments to  the legislation as                                                               
proposed,  he said  ADF&G has  testified that  transitioning from                                                               
single hooks  to single, barbless hooks  provides minimal benefit                                                               
to  fish mortality.   Further  studies have  shown no  difference                                                               
between hook and  release with barbless or barbed  hooks, and one                                                               
study which  showed a very  small, incremental difference.   With                                                               
the use  of flies, there is  a 1.0 percent to  1.5 percent change                                                               
between  barbless flies  and single  hook flies.   He  opined the                                                               
greatest change in  mortality has been shown to be  a change from                                                               
multiple or treble hooks to a  single hook, which is reflected in                                                               
ADF&G's  measures   to  reduce   fish  mortality.     A  barbless                                                               
restriction places  an undue burden  upon the general  public; in                                                               
fact,  a blanket  restriction  will place  a  severe handicap  on                                                               
anglers in  times of low  abundance of  one species.   Mr. Runyan                                                               
stated his opposition to HB 110.                                                                                                
                                                                                                                                
CHAIR SEATON  asked Mr.  Runyan to  provide the  above referenced                                                               
studies for their inclusion in the committee packet.                                                                            
                                                                                                                                
11:20:16 AM                                                                                                                   
                                                                                                                                
DAVID MARTIN  said he was  representing himself and  disclosed he                                                               
is the chair of the  Central Peninsula Advisory Committee, ADF&G,                                                               
and has  been involved  with various fishing  groups for  over 30                                                               
years.    He testified  in  support  of  HB 110  because  fishing                                                               
pressure   on  the   catch  and   release  fisheries   has  grown                                                               
significantly in the  last few years.  The use  of barbless hooks                                                               
is not uncommon and the  advisory committee heard testimony about                                                               
rainbow trout that are injured by  hooks.  It is not difficult to                                                               
create a  barbless hook by  simply crimping  it with pliers.   He                                                               
cautioned that "we shouldn't be  playing with our food source for                                                               
recreational  purposes  and  if  we do  have  catch  and  release                                                               
fisheries  ... when  you're in  [a] low  abundance situation  and                                                               
therefore  we  should  give  every  opportunity  and  take  every                                                               
precaution  to  improve a  released  fish's  survival."   Another                                                               
alternative would  be to catch and  keep one or two  fish instead                                                               
of hooking  and releasing twenty  or thirty with  high mortality.                                                               
Mr. Martin concluded that restrictions are necessary.                                                                           
                                                                                                                                
11:23:46 AM                                                                                                                   
                                                                                                                                
LYNN WHITMORE  appreciated the comments  by the  previous speaker                                                               
who  cautioned  against  the  legislature  interfering  with  the                                                               
regulation  process.  However,  he   agreed  that  the  time  for                                                               
barbless hooks has  come because his experience is  that fish are                                                               
injured  by the  cumulative  effects of  catch  and release  with                                                               
barbed  hooks.  Studies reveal  that  hook  placement is  a  more                                                               
important  factor than  that  of barbs  on hooks.    Also, it  is                                                               
difficult  to  find  manufactured  barbless  fly  hooks,  and  he                                                               
questioned  how  enforcement will  view  hooks  that are  pinched                                                               
down.  Mr. Whitmore said he supports the efforts of HB 110.                                                                     
                                                                                                                                
11:25:59 AM                                                                                                                   
                                                                                                                                
ERO  STEVE WALLI,  stated  his  strong support  for  HB 110,  and                                                               
provided a  short history of  his experience fishing for  over 50                                                               
years.    He  said  barbless   hooks  will  help  fish  and  also                                                               
questioned whether  squeezing a  barb down  will make  a barbless                                                               
hook.                                                                                                                           
                                                                                                                                
11:27:38 AM                                                                                                                   
                                                                                                                                
BURKE WALDRON,  Captain, Alaska Wildlife Troopers,  Department of                                                               
Public  Safety   (DPS),  informed  the  committee   there  is  no                                                               
definition of barbed or barbless  hook, or whether a hook pinched                                                               
down acts  as a barbless  hook, in  present regulation or  in the                                                               
proposed bill.   This situation  would pose an  enforcement issue                                                               
and concern for the division.                                                                                                   
                                                                                                                                
CHAIR SEATON  asked Captain Waldron for  assistance in clarifying                                                               
the intention of the bill.                                                                                                      
                                                                                                                                
REPRESENTATIVE GATTIS  observed the bill  has a zero  fiscal note                                                               
attached.  She   inquired  as  to  whether   additional  wildlife                                                               
troopers would be needed to enforce this legislation.                                                                           
                                                                                                                                
CAPTAIN WALDRON said  the fiscal note is indeterminate  to DPS at                                                               
this time.  The fiscal note  will be determined once the proposed                                                               
legislation is completed.   He further advised  other issues with                                                               
the  legislation  are  related   to  sport  fishing  definitions,                                                               
freshwater  versus  saltwater,  and   the  lack  of  penalty  and                                                               
liability  provisions.    In  addition,  as  the  legislation  is                                                               
written, all convictions would be misdemeanors.                                                                                 
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  asked how the management  of ADF&G                                                               
would respond to a restriction on barbed hooks.                                                                                 
                                                                                                                                
11:33:37 AM                                                                                                                   
                                                                                                                                
CHARLES  SWANTON,  Director,  Division   of  Sport  Fish,  Alaska                                                               
Department of  Fish &  Game (ADF&G), said  the Division  of Sport                                                               
Fish has  discretion regarding the  proposed legislation  and the                                                               
protection  of   salmon  stocks   for  the  purpose   of  meeting                                                               
escapement  goals.    If deemed  appropriate,  current  emergency                                                               
order (EO)  authority could  be used to  implement the  intent of                                                               
the bill following a sufficient definition of barbless hooks.                                                                   
                                                                                                                                
11:34:48 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON expressed his concern that  issuance of an EO in the                                                               
middle of  season to require a  change of gear does  not take the                                                               
place of  public notice or  inform the  user group, thus  is less                                                               
than  optimal.   Also, higher  mortality is  exactly what  is not                                                               
desired for  a catch  and release  fishery.   The purpose  of the                                                               
bill  is  to  minimize  mortality  rates  in  catch  and  release                                                               
fisheries.   He asked whether  ADF&G disagrees with  studies that                                                               
conclude  that  barbless  hooks reduce  mortality  in  catch  and                                                               
release fisheries.                                                                                                              
                                                                                                                                
MR. SWANTON advised ADF&G has  not conducted studies specifically                                                               
on the  benefits of  a barbless  versus a  barbed hook.   Studies                                                               
have been  done to quantify  catch and release mortality  such as                                                               
the ADF&G's  seminal work on  the catch and release  mortality on                                                               
king salmon.  Two studies were  done on coho salmon in intertidal                                                               
areas where coho are highly stressed.  He said:                                                                                 
                                                                                                                                
     If in fact, we were  faced with what one could consider                                                                    
     single digits  of benefit from  a barbless to  a barbed                                                                    
     hook  or  going in  that  order,  we probably,  in  the                                                                    
     situations that we're in with  regards to these things,                                                                    
     we  probably would,  much to  my chagrin  ... we  would                                                                    
     probably just  close those  fisheries, rather  than try                                                                    
     to assimilate  a 3 or 4  or 5 percent savings  in terms                                                                    
     of mortality from a barbed, to a barbless hook.                                                                            
                                                                                                                                
11:39:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON noted his  appreciation to the sponsor for                                                               
bringing  forward the  legislation,  which he  considered a  gear                                                               
type discussion.                                                                                                                
                                                                                                                                
CHAIR SEATON,  speaking as  the sponsor,  addressed the  issue of                                                               
legislating  fish and  game matters.    He pointed  out that  the                                                               
legislature  has  regulated  the  size of  vessels  and  outlawed                                                               
certain  types of  gear  under statewide  parameters.   It  seems                                                               
appropriate  that   the  legislature  consider  issues   such  as                                                               
mortality  that affects  recreational opportunities  for fishing.                                                               
Chair Seaton urged members of  the public and advisory committees                                                               
to also submit data to BOF.                                                                                                     
                                                                                                                                
[HB 110 was heard and held.]