Legislature(2003 - 2004)
03/19/2004 03:30 PM Senate RES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 69-BOARD OF FISHERIES CONFLICTS OF INTEREST
CHAIR SCOTT OGAN announced SB 69 to be up for consideration.
MS. AMY SEITZ, staff to Senator Thomas Wagoner, sponsor,
explained that currently, if a member is found to have a
conflict with an issue and doesn't get to participate in the
discussion or vote, SB 69 changes the procedure to match that of
the Legislature. A member would declare what their conflict is
and why and still be able to participate and vote. The reason
they do this is because the member who has the conflict is also
often the member who has the most knowledge and experience on
that issue.
SENATOR THOMAS WAGONER said the administration fully supports
this bill as does Alan Austerman, Fisheries Policy Advisor for
the governor.
SENATOR RALPH SEEKINS said, "I always believe in the old theory
of no conflict no interest, but I'm wondering why we would not
extend this same policy to the Board of Game?"
MS. SEITZ responded that she asked the Board of Game that
question and the members responded that they didn't want it.
SENATOR SEEKINS said he was curious about why the statute is
there in the first place.
CHAIR OGAN attempted an explanation that perhaps most of the
issues the Board of Game deals with occur during the sport
hunting season and the only people to have a commercial interest
would be guides or outfitters.
SENATOR SEEKINS supposed in a guide's case, it might take away a
significant portion of their ability to make a living. He was
trying to figure out why it would be good for one board and not
the other.
MS. SEITZ added that the Board of Game only conflicts out one
person per year.
SENATOR SEEKINS countered, "In this case, we won't conflict out
anybody on the Board of Fish."
CHAIR OGAN asked Ms. Seitz how many times per year a member of
the Board of Fish is conflicted out.
MS. SEITZ replied that she didn't have a number, but Mr. Dersham
might.
MR. ED DERSHAM, Chair, Board of Fisheries, replied about 10
times per year.
CHAIR OGAN said his concern is that if people are not required
to conflict themselves out, they're going to end up being on the
short end of the stick.
SENATOR SEEKINS said he didn't agree that a person should be
conflicted out of a vote because they have an interest in what
they are looking at. He had never seen an instance arise where
they didn't tell the person to go ahead and vote anyhow. He also
was uncomfortable with holding someone else to a higher standard
than he is bound to as a member of the Legislature.
CHAIR OGAN agreed. He reminded the committee that Senator
Lincoln had the biggest Senate district in the state and he
wanted to contact her on this issue. He also wanted more time to
consider whether or not the Board of Game should be included.
MR. ROLAND MAW, Executive Director, United Cook Inlet Drift
Association, supported SB 69. He said his bill is needed because
many good fishermen with college degrees in resource-related
fields are being excluded from participating on the Board of
Fisheries process. Also, with all the rationalization and
consolidation going on in the industry, it is hard to maintain
conflict boundaries.
MS. KAREN DUNMALL, KAWERAK, Inc., a non-profit travel consortium
in Norton Sound, opposed SB 69. The Board of Fisheries website
says it is charged with making allocative decisions based on
biological and socioeconomic information provide by ADF&G,
public comment and guidance from the Alaska Department of Public
Safety and the Department of Law.
TAPE 04-25, SIDE B
4:18 p.m.
MS. DUNMALL was, secondly, concerned that some proposals before
the board could result in severe economic consequences to
various groups of people including the board members. In most of
those cases, it would be difficult to impossible to represent
all users. Her last point was that the interests of subsistence
users are underrepresented on the Board of Fisheries as compared
to commercial interests. If persons with a conflict of interest
were allowed to vote on proposals, the public process would
disintegrate and the gap between commercial and subsistence
users would widen.
MR. DERSHAM said the board has discussed this bill, but is not
taking an official position although several members spoke
favorably of it. No board member spoke against it.
SENATOR ELTON applauded the sponsor for checking with the Board
of Game to see if it wanted to be under the umbrella. The only
reason he would not make a motion to move the bill is because
the sponsor has said he is willing to wait until Senator Lincoln
could comment on it. "I hope we can do it expeditiously on
Monday, because this is a real issue. It is a real problem....
It is very difficult to get people to serve...."
CHAIR OGAN pointed out that a person is still subject to AS
39.52.120 - misuse of official position. He agreed with Senator
Elton's comments pointing out that the Senate Resources
Committee has four commercial fishermen, a subsistence fisherman
and two fillet and release fishermen on it.
SENATOR WAGONER said he would meet with Senator Lincoln on
Monday and move the bill on Wednesday. Senator Seekins would
check with the Board of Game in the meantime.
There being no further business to come before the committee,
CHAIR OGAN adjourned the meeting at 4:30 p.m.
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