Legislature(2015 - 2016)BUTROVICH 205
03/17/2015 09:00 AM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SJR15|| SCR4 | |
| SB42 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 42 | TELECONFERENCED | |
| *+ | SJR 15 | TELECONFERENCED | |
| *+ | SCR 4 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 42-PERSONAL USE FISHING PRIORITY
9:35:23 AM
CHAIR STOLTZE announced that the final order of business would
be SENATE BILL NO. 42, "An Act providing priority to personal
use fisheries when fishing restrictions are implemented to
achieve a management goal."
CHAIR STOLTZE, sponsor, explained that under SB 42, in times of
shortages, personal use fisheries would be given a priority
after subsistence use fisheries, and that the Board of Fisheries
would make allocation determinations.
9:37:47 AM
GEORGE PIERCE, representing himself, said he opposes SB 42, and
used the term, "overreach" to describe the Board of Fisheries.
He offered his beliefs that so-called "personal use fisheries"
have already been ruled unconstitutional by the Alaska Supreme
Court, and that by providing for such fisheries, the Alaska
State Legislature and the Board of Fisheries are therefore
breaking the law.
9:42:02 AM
RICHARD BISHOP, representing himself, testified in favor of SB
42. He offered his understanding that Alaska's personal use
fishery is the largest Alaska-resident fishery in the state and
constitutes an important source of wild foods for various
peoples in the state, particularly those with limited income.
Noting that Article I, Section 23, of the Alaska State
Constitution specifically says that the Alaska State
Constitution does not prohibit the State from granting
preferences, on the basis of Alaska residence, to residents of
the State over non-residents, he offered his understanding that
personal use fisheries are an instance where such a preference
has been granted. In conclusion, he ventured that SB 42 would
ensure that the people who want access to Alaska's personal use
fisheries can continue to have access by being given a
preference.
9:45:37 AM
GARY STEVENS, Member, Board of Directors, Alaska Outdoor Council
(AOC), said he is in support of SB 42 because he is of the
opinion that Alaska's personal use fisheries are really just
subsistence use fisheries for Alaska residents that live in what
he termed, "non-subsistence areas"; personal use fisheries
should therefore be given the same priority as subsistence use
fisheries.
9:46:33 AM
AL BARRETTE, representing himself, said he is in support of SB
42, and considers it to be a long time coming. Noting that he
is an "Interior guide" and uses what he called "the Chitna dip
netery," and remarking that he would like to be able to catch
more fish than he is currently allotted, he ventured that SB 42
would provide statutory guidance to the Board of Fisheries for
prioritizing fisheries other than subsistence use fisheries. He
opined that personal use fisheries are really just subsistence
use fisheries occurring in urban areas of Alaska.
CHAIR STOLTZE, after ascertaining that no one else wished to
testify, closed public testimony on SB 42.
9:51:26 AM
TOM BROOKOVER, Acting Director, Division of Sport Fish,
Department of Fish and Game (ADF&G), in response to questions,
confirmed that the ADF&G has not taken a position on SB 42, and
explained that personal use fisheries are regulated by the Board
of Fisheries. He then paraphrased portions of 5 AAC 77.001(a),
which read:
5 AAC 77.001. Intent and application of this chapter
(a) The Board of Fisheries finds that
(1) before the enactment of the state's
subsistence priority law in ch. 151, SLA 1978, an
individual could fulfill that individual's personal
use needs for fish under subsistence fishing
regulations;
(2) the state's subsistence priority law changed
the definition of subsistence in a manner that now
precludes some individuals from participating in
customary and traditional subsistence fisheries and
efficiently harvesting fish for their personal use;
(3) there presently are areas of the state with
harvestable surpluses of fish in excess of both
spawning escapement needs and present levels of
subsistence, commercial and sport uses; and
(4) it is necessary to establish a fishery
classified as "personal use" because
(A) since the sale of fish is not
appropriate or permissible, this fishery cannot be
classified as commercial;
(B) since the use is not a customary and
traditional use, this fishery cannot be classified as
subsistence; and
(C) since the gear for this fishery is often
different from that historically associated with sport
fishing, this fishery should not be classified as a
sport fishery, to prevent confusion among the public.
MR. BROOKOVER, offering his understanding that 5 AAC 77.001
became effective in 1982, noted that the Board of Fisheries
considers certain criteria for the allocation of resources
between the personal use, sport use, and commercial use
fisheries. In response to further questions, he provided some
allocation statistics for some personal use fisheries in some
locations during some times.
CHAIR STOLTZE mentioned that the ADF&G has submitted a zero
fiscal note for SB 42.
SENATOR COGHILL offered his belief that SB 42's proposed change
would be allowed under the Alaska State Constitution, and
characterized it as a good approach.
10:06:44 AM
SENATOR HUGGINS moved to report SB 42 out of committee with
individual recommendations and attached fiscal notes. There
being no objection, SB 42 was moved from the Senate State
Affairs Standing Committee.