Legislature(2003 - 2004)
04/14/2004 01:55 PM House 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
HOUSE BILL NO. 452
An Act relating to licensing and regulation of sport
fishing services operators and fishing guides; and
providing for an effective date.
REPRESENTATIVE CHERYLL HEINZE explained that years ago she
was the owner of a fishing and guiding lodge on the Yentna
River and employed four guides, which influenced her
introduction of this bill.
Representative Heinze explained that currently Alaska lacks
a unified set of standards for sport fish guiding. This
makes it difficult to protect fish habitats and ensure the
maximum utilization of Alaska's resources. HB 452 is
intended to legitimize and protect the sport fishing
industry by establishing professional standards and ensuring
accurate reporting of guiding activity throughout the state.
This legislation will enhance public confidence in the
guided sport fishery and the data upon which management
decisions are made. HB 452 will establish licensing and
reporting requirements for businesses and guides providing
sport fishing guide services in fresh and salt waters of
Alaska.
Representative Heinze pointed out that the bill establishes
two types of licenses: a sport fishing services operator
license and a fishing guide license, and establishes minimum
requirements and fees for obtaining each license. Under the
provisions of the bill, sport fishing service operators must
meet licensing, insurance, and other requirements
established by the Board of Fisheries. It requires that
fishing guides operate under the authority of a sport
fishing service operator license, either by holding that
license themselves or by being employed by, or under
contract with, a holder of a fishing service operator
license. The bill also requires that the licensed guide be
certified in first aid, have applicable U.S. Coast Guard
vessel licenses, and meet other requirements adopted by the
Board of Fisheries.
HB 452 establishes reporting requirements, including where
guided sport fishing activities are conducted and the
quantity of fish harvested. The bill ensures that sensitive
information will be kept confidential. Representative Heinze
concluded by urging support of the bill.
Co-Chair Harris asked if the Alaska Outdoor Council supports
the bill. Representative Stoltze stated that he is the
legislative chairman of the Alaska Outdoor Council, which
officially opposes the bill.
Co-Chair Harris asked why the Outdoor Council doesn't
support the bill. Representative Heinze did not know.
Representative Stoltze was unable to answer.
TAPE HFC 04 - 82, SIDE B
Representative Fate referred to the fiscal note, and asked
about the corpus of the Fish and Game Fund.
KELLY HEPLER, DIRECTOR, DIVISION OF SPORT FISH, DEPARTMENT
OF FISH AND GAME clarified that the fiscal note shows a
Department account funded primarily by license sales.
Representative Fate asked if the funds come from the ADF&G
revolving loan fund. Mr. Hepler explained that the fees from
licensing of guides go directly into the account, which is a
uniquely different fund than the revolving loan fund for
commercial fishermen.
Vice-Chair Meyer asked if the fees are the same for out of
state fishing guides. Mr. Hepler replied that about 25% of
the guides are non-residents. The Department of Law advised
that ADF&G should evaluate if its program administration
costs are higher for non-resident than for resident guides.
He stated that the Department cannot verify higher costs,
but it can charge differentially under the sport-fishing
program, and it requires the non-resident licensed guides to
buy sport-fishing licenses.
Representative Chenault asked if the 25% non-resident guides
includes fly-in guides, and if they are required to have a
license. Mr. Hepler replied that they are required to
register if they are actively guiding.
Representative Chenault thought that fresh and saltwater
guides are currently required to be licensed and have CPR
certification. Mr. Hepler explained that Kenai has special
rules because it is under the Department of Natural
Resources, Division of Parks. The remainder of the
freshwater guides is not under the same provisions. He
explained that this bill consolidates other requirements.
Representative Hawker referred to the language on page 4,
line 3, "satisfies all additional requirements adopted in
regulation by the Board of Fisheries" and asked what
additional requirements are contemplated. Mr. Hepler said
there might be requirements for zoning, such as on the Kenai
River, or harvest recording. The Legislature would limit the
Board of Fish to the enforcement of the fishing regulations.
Representative Hawker expressed concern that the open-ended
language would place the Board of Fisheries in a regulation-
making role, with geographical differences within the state.
ROB BENTZ, DEPUTY DIRECTOR, DIVISION OF SPORT FISH,
DEPARTMENT OF FISH AND GAME, explained that the intent of
the language on line 3, page 4 is to request locations where
the guides intend to operate and to give them some choices.
Co-Chair Harris asked if the fiscal note is adding four new
and one part-time positions. Mr. Hepler affirmed, and the
positions would handle the administration of the large
number of licenses and provide data summaries to the Board
of Fisheries.
Co-Chair Harris pointed out that this bill would expand the
scope and size of government. Mr. Hepler agreed that it
would. Co-Chair Harris asked about the increase in revenues
in the next few fiscal years. Mr. Hepler replied that the
Department prorated the number of guides over five years.
Co-Chair Harris noted that it shows a decrease in costs from
FY05 to FY06. Mr. Hepler replied that there are initial
capital startup costs and personnel increases. In response
to a question by Co-Chair Harris, Mr. Hepler explained that
the $10 thousand travel budget is for meetings with the
guides or in Juneau, and it is not in the current budget.
Representative Chenault asked in relation to the required
reports for guides whether fish tickets would be required
for fresh and saltwater fishing. Mr. Hepler said that the
intent was to keep it a sport fishing bill and not bring
commercial fishing into it. The question is whether the
language is so broad that it needs to be amended. He
offered to discuss it with staff and suggest a committee
substitute by the sponsor if the Department believes it
poses a problem.
Representative Chenault commented that as a resource
management tool, he thought the Department would want to
track the real catch numbers from guided and non-guided
fishing.
Representative Croft asked how sport-fishing guides are
regulated now. Mr. Hepler explained that when a similar,
more broadly written bill did not pass the Legislature, the
ADF&G looked at revising regulatory language outside of a
statute change. The ADF&G wanted to register guides and
improve reporting in saltwater, which led to the saltwater
logbook. The guides are still required to have a business
license and to meet Coast Guard requirements. He said that
the only difference in this bill is guide licensing to get
the freshwater report information.
In response to a question by Representative Croft, Mr.
Hepler said that a large segment of the guiding industry is
not saltwater-based. There is no direct reporting from the
Kenai, Susitna Basin, Copper Basin and Bristol Bay. He
explained that it is a Board of Fish violation to operate a
guiding business without registering with the Department.
In response to a question by Representative Croft, Mr.
Hepler said that the Department currently could only track
the saltwater guide activity in an area. The bill would
provide reporting in fresh water, set misdemeanor fines for
not registering and reporting, and regulate the guiding
industry statewide.
Mr. Bentz commented that the numbers are currently
inaccurate and the bill would also require information on
where the activities are taking place.
Co-Chair Harris MOVED to ADOPT Amendment #1. Co-Chair
Williams objected.
Mr. Bentz explained that Amendment #1 has two parts.
Amendment #1 reads:
Page 6, line 16, following "board.": Insert "The
department and the board may adopt by regulation
requirements for timely submission of reports required
under this section or under regulations adopted by the
department or board."
Page 6, line 31, following "AS 16.40.270(e)": Insert
"or who knowingly fails to comply with a requirement
for timely submission of reports required by a
regulation adopted under AS 16.40.280(b)"
Mr. Bentz read the language on page 6, line 16. Co-Chair
Harris asked why it is needed. Mr. Bentz replied that when
Representative Heinze discussed the bill with Legislative
Legal, Mr. Utermohle recommended this language for legal
reasons even though it seems redundant.
Mr. Bentz explained that part two of Amendment #1, page 6,
line 31 would change the reporting time period of the
operator. Currently the logbook program is on a weekly basis
and he commented that an operator could be late for
circumstantial reasons. If this wording is not included on
line 31, one tardy report would fall under (a) which would
change the penalty from a violation to a Class A
misdemeanor, and would change the fine from a maximum of
$500 to a maximum of $10,000 and one year in jail. He
stated that the Department supports these changes in the
amendment.
Co-Chair Williams removed his objection. Amendment #1 was
adopted.
Representative Foster referred to the fourth paragraph of
the letter from the Kenai River Professional Guide
Association (copy on file) in which the Association states
that it already pays fees to the Department of Natural
Resources (DNR). Mr. Hepler explained that to guide on the
Kenai River, which is a park, currently requires payments to
DNR of $450 by residents and $1350 by non-residents. If it
is a concern of the guides, it could be brought before the
Legislature. Mr. Hepler thought fees might be split between
the DNR and his own Department.
Co-Chair Harris MOVED to report CSHB 452 (FIN) out of
Committee with individual recommendations and the attached
fiscal note. There being NO OBJECTION, it was so ordered.
CSHB 452(FIN) was REPORTED out of Committee with individual
recommendations and two fiscal impact notes.
HOUSE BILL NO. 452
An Act relating to licensing and regulation of sport
fishing services operators and fishing guides; and
providing for an effective date.
DON JOHNSON, GUIDE, SOLDOTNA, spoke against HB 452. He
stated he has expressed his objection to the legislation
with the sponsor. He observed that had provided written
testimony. He felt that the legislation would place
unnecessary restrictions. He maintained that creating
similarly situated subclasses within the general sport fish
class would create illegal exclusive fishery rights. He
claimed that the legislation attempts to grant non-guided
anglers exclusive fishing rights over guided anglers. He
maintained that it is unconstitutional to create regulations
designed to establish exclusive fishery rights between
similarly situated residents.
Representative Chenault asked for further documentation
regarding groups opposing the legislation.
Mr. Johnson further argued against the legislation and
maintained that its passage would end in litigation.
HB 425 was heard and HELD in Committee for further
consideration.
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