Legislature(2023 - 2024)GRUENBERG 120

04/23/2024 10:00 AM House FISHERIES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SCR 10 JOINT LEGIS SEAFOOD INDUSTRY TASK FORCE TELECONFERENCED
Heard & Held
*+ HR 8 FISHERIES BYCATCH REGULATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
              HR   8-FISHERIES BYCATCH REGULATIONS                                                                          
                                                                                                                                
10:04:46 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE announced  that the first order of  business would be                                                               
HOUSE RESOLUTION  NO. 8, Encouraging  the Department of  Fish and                                                               
Game to adopt certain regulations relating to fisheries bycatch.                                                                
                                                                                                                                
10:05:06 AM                                                                                                                   
                                                                                                                                
JAKE  ALMEIDA, Staff,  Representative Sarah  Vance, Alaska  State                                                               
Legislature, introduced  HB 8,  on behalf  of the  prime sponsor,                                                               
Representative Vance.  He paraphrased  from the sponsor statement                                                               
[copy included  in the committee  packet], which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     House Resolution  8 encourages  the Department  of Fish                                                                    
     and   Game,   through   the   department's   regulatory                                                                    
     authority and  through the  commissioner's seat  on the                                                                    
     North  Pacific Fishery  Management  Council (NPFMC)  to                                                                    
     support  actions and  regulatory  changes  on both  the                                                                    
     state and federal levels to reduce bycatch.                                                                                
                                                                                                                                
     Alaska's   rich  marine   resources  support   thriving                                                                    
     fisheries  managed by  the  NPFMC  under the  Magnuson-                                                                    
     Stevens  Fishery   Conservation  and   Management  Act.                                                                    
     However,  alongside the  targeted  harvest of  seafood,                                                                    
     these  fisheries inevitably  result in  bycatch    fish                                                                    
     caught   incidentally  and   often  discarded   due  to                                                                    
     regulatory constraints or  unsuitability for commercial                                                                    
     use.                                                                                                                       
                                                                                                                                
     Bycatch poses significant challenges  to the health and                                                                    
     sustainability of marine ecosystems,  as well as to the                                                                    
     economic   viability   of    fishing   operations   and                                                                    
     ultimately Alaskans'  way of life.  Current regulations                                                                    
     allow for  the annual  discard of  tens of  millions of                                                                    
     pounds of  fish in  the Bering Sea  and Gulf  of Alaska                                                                    
     waters,  representing a  substantial loss  of potential                                                                    
     food  resources  and  economic  value.  Moreover,  this                                                                    
     resolution  acknowledges  the  recommendations  of  the                                                                    
     Alaska  Bycatch  Review  Task   Force  (ABRT)  and  the                                                                    
     Bycatch   Advisory   Council   which   emphasized   the                                                                    
     importance   of  incremental   regulatory  changes   to                                                                    
     improve  bycatch  reduction, particularly  for  species                                                                    
     caught  with  non-targeted  gear or  discarded  due  to                                                                    
     regulatory requirements.                                                                                                   
                                                                                                                                
     In essence,  HR 8  represents a proactive  step towards                                                                    
     more sustainable fishing  practices in Alaska's federal                                                                    
     fisheries by  emphasizing the  need to  reduce bycatch.                                                                    
     It  underscores the  importance  of balancing  economic                                                                    
     interests with environmental  conservation to achieve a                                                                    
     more  resilient  and  prosperous  future  for  Alaska's                                                                    
     fisheries and way of life.                                                                                                 
                                                                                                                                
10:07:37 AM                                                                                                                   
                                                                                                                                
MR.  ALMEIDA stated  that the  draft of  the proposed  resolution                                                               
before  the  committee focuses  on  the  utilization of  bycatch;                                                               
however, in reaction  to public comment, the  sponsor has changed                                                               
the focus  to reducing bycatch.   He  pointed out the  decline in                                                               
the state's fisheries resource and  that Alaskans need solutions.                                                               
He pointed  out this  could be  done by  utilizing bycatch  or by                                                               
furthering regulatory restraints, but  he argued that all bycatch                                                               
is wanton waste and needs to be  reduced as soon as possible.  He                                                               
stated  that the  Bycatch Advisory  Council held  a meeting  last                                                               
week and  adopted findings based  on the utilization  of bycatch.                                                               
He stated that Brian Gabriel would speak to these findings.                                                                     
                                                                                                                                
10:10:33 AM                                                                                                                   
                                                                                                                                
BRIAN GABRIEL,  Mayor, City of  Kenai, gave invited  testimony on                                                               
HB  8.   He stated  that he  held a  seat on  the Alaska  Bycatch                                                               
Review Task Force, which finished its  work in November 2022.  He                                                               
explained  that  in  March  2023,  the  Alaska  Bycatch  Advisory                                                               
Council  was  created  with  the purpose  to  advise  the  Alaska                                                               
Department  of Fish  and Game  (ADF&G) on  ways to  implement the                                                               
recommendations  from the  final report  of the  task force.   He                                                               
stated  that a  Bycatch Utilization  Subcommittee was  created to                                                               
report on this issue.   He stated that he served  as the chair of                                                               
the subcommittee.                                                                                                               
                                                                                                                                
MR.  GABRIEL  addressed  the  recommendations  from  the  report,                                                               
titled  "Bycatch  Utilization   Subcommittee  Report  to  Bycatch                                                               
Advisory Council," [copy  included in the committee  packet].  He                                                               
stated  that the  purpose  of the  subcommittee  was to  identify                                                               
issues  that   would  need  to  be   addressed  when  considering                                                               
utilization of  bycatch.  He  defined "bycatch" as fish  that are                                                               
harvested in a fishery but are not  sold or kept.  He stated that                                                               
the  subcommittee had  met four  times,  taking public  testimony                                                               
each  time.    He  discussed   the  presentations  given  to  the                                                               
subcommittee,  of which  SeaShare's model  was the  most relevant                                                               
for  bycatch  utilization.    He explained  that  SeaShare  is  a                                                               
federally permitted, prohibited species donation program.                                                                       
                                                                                                                                
MR. GABRIEL  stated that the  subcommittee's focus was  on paring                                                               
down the  information, as  bycatch is  present in  every fishery.                                                               
He stated that  the focus was on the high  value bycatch, such as                                                               
salmon,  halibut, and  crab, and  the subcommittee  chose halibut                                                               
bycatch in the Gulf of Alaska as its starting point.                                                                            
                                                                                                                                
MR.  GABRIEL,  in   paring  down  the  topic,   stated  that  the                                                               
subcommittee  chose   the  following   categories  as   a  focus:                                                               
regulatory, economic, logistical, and  political.  He stated that                                                               
the report  did not produce  a "revelation;" rather it  created a                                                               
roadmap of areas that need to be addressed in utilizing bycatch.                                                                
                                                                                                                                
MR. GABRIEL stated that because  the fisheries are both federally                                                               
and state managed, regulatory change  would need to be addressed,                                                               
which   would   include   the   International   Pacific   Halibut                                                               
Commission.  He  moved to the issue of  economic factors, stating                                                               
that there would need  to be a plan on how  the proceeds would be                                                               
utilized and how  bycatch would be marketed,  which would involve                                                               
processors.                                                                                                                     
                                                                                                                                
10:17:26 AM                                                                                                                   
                                                                                                                                
MR.  GABRIEL   warned  that  on  the   regulatory  side,  bycatch                                                               
retention  could  cause a  higher  mortality  rate to  endangered                                                               
species.  On the economic  side, he discussed how retention would                                                               
affect processors  who are  only set  up for  processing targeted                                                               
species,  as  the retention  of  bycatch  could cause  processing                                                               
concerns.  He  noted that retaining undersized  fish could create                                                               
a negative market  effect for that species.  He  pointed out that                                                               
per the regulation side, subsidies  may need to be implemented to                                                               
facilitate utilization.                                                                                                         
                                                                                                                                
MR.  GABRIEL, per  the  harvest side,  discussed  the gear,  deck                                                               
space, and  storage space  issues for  fishermen on  the grounds.                                                               
He reiterated that small fish  could negatively affect marketing,                                                               
as this  would be seen  as poor quality.   He noted  the struggle                                                               
the  seafood  market is  currently  having,  and he  offered  the                                                               
advice that utilization requirements could be an issue.                                                                         
                                                                                                                                
MR.   GABRIEL,   per   the   logistical   side,   discussed   the                                                               
transportation  challenges,  noting   that  SeaShare  is  heavily                                                               
subsidized.   On the political  side, he offered the  advice that                                                               
there  could be  public resistance  to requirements  of retention                                                               
and   utilization   before   further   reduction   measures   are                                                               
implemented.   He also noted  that there could be  concerns about                                                               
incentivizing  or institutionalizing  bycatch.    He stated  that                                                               
this theme was  heard during the public comment  period.  Another                                                               
common  point made  during  the public  comment  period was  that                                                               
bycatch  should be  minimized before  any program  on utilization                                                               
moves  forward.   He  observed that  because  all fisheries  have                                                               
bycatch, there could be different strategies for each fishery.                                                                  
                                                                                                                                
MR.  GABRIEL  discussed  the  conclusion  of  the  report,  which                                                               
included that a  mandatory rather than a  voluntary program would                                                               
need  to have  a  full  economic analysis.    The analysis  would                                                               
address  the  issues discussed,  along  with  other issues  which                                                               
might  be  identified.    He  stated  that  there  was  no  final                                                               
recommendation,   as   the   discussion  is   very   complicated,                                                               
particularly when noting all the  species that pertain to bycatch                                                               
and how each one would need to be dealt with differently.                                                                       
                                                                                                                                
10:23:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE HIMSCHOOT expressed  excitement about the advisory                                                               
council.   She questioned  whether the  subcommittee was  able to                                                               
investigate international strategies for bycatch.                                                                               
                                                                                                                                
MR.  GABRIEL  stated  that  there had  been  some  discussion  on                                                               
Iceland, but no specific reports were provided.                                                                                 
                                                                                                                                
CHAIR  VANCE  noted that  the  2022  Alaska Bycatch  Review  Task                                                               
Force's report  is in the  committee packet.  She  commented that                                                               
the report is robust and  expressed appreciation for the original                                                               
intent  of reducing  wanton waste.   She  questioned whether  the                                                               
complicated  nature of  bycatch was  the main  take away  for the                                                               
subcommittee.                                                                                                                   
                                                                                                                                
MR. GABRIEL responded  that this was the main  takeaway, as there                                                               
are many  moving parts.   He offered  the advice  that throughout                                                               
the entire process, every element would need to be considered.                                                                  
                                                                                                                                
10:26:10 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE  referenced his participation  on the task  force and                                                               
questioned some of the other considerations by the council.                                                                     
                                                                                                                                
MR.  GABRIEL recommended  referencing  the website,  as it  would                                                               
take time to review it all now.   He pointed out that the website                                                               
lists  recommendations and  categories, showing  the progress  on                                                               
each  recommendation.   He  noted  that  the recommendations  are                                                               
easily  understandable.   He expressed  gratitude  that the  task                                                               
force's recommendations did not "just go on a shelf."                                                                           
                                                                                                                                
CHAIR  VANCE  reiterated  that  the report  is  robust,  and  the                                                               
advisory   council   is   looking  at   implementation   of   the                                                               
recommendations.                                                                                                                
                                                                                                                                
10:28:42 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE sought to give  full transparency on the intention of                                                               
the proposed legislation.  She  discussed the desire to make fish                                                               
waste  beneficial  to Alaskans;  however,  she  stated that  this                                                               
would  be complicated  to do.    She expressed  the intention  to                                                               
remove the  utilization parts of  the resolution.   She requested                                                               
that  members   provide  amendments  that  would   encourage  the                                                               
commissioner of  ADF&G to implement regulations  on the avoidance                                                               
and  reduction  of  bycatch.   She  encouraged  interaction  with                                                               
stakeholders and  expressed the  importance of every  voice being                                                               
heard.                                                                                                                          
                                                                                                                                
10:30:40 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE announced that HR 8 was held over.                                                                                  

Document Name Date/Time Subjects
HR 8 - Sponsor Statement.pdf HFSH 4/23/2024 10:00:00 AM
HR 8
HR 8 - v.A.pdf HFSH 4/23/2024 10:00:00 AM
HR 8
HR 8 - Supporting Document - Bycatch Utilization Subcommittee Report (04-16-24).pdf HFSH 4/23/2024 10:00:00 AM
HR 8
CSSCR 10 - Sponsor Statement.pdf HFSH 4/23/2024 10:00:00 AM
SSCR10
CSSCR 10 - version S.A.pdf HFSH 4/23/2024 10:00:00 AM
SSCR10
CSSCR10 - Summary of Changes S to S.A - 4.22.24.pdf HFSH 4/23/2024 10:00:00 AM
SSCR10
CSSCR 10 - Support Letter PSPA 3.25.24.pdf HFSH 4/23/2024 10:00:00 AM
SSCR10
CSSCR 10 - Fiscal Note LAA 4.19.24.pdf HFSH 4/23/2024 10:00:00 AM
SSCR10