Legislature(2023 - 2024)BUTROVICH 205
04/17/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB92 | |
| SB69 | |
| HJR11 | |
| SB82 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 69 | TELECONFERENCED | |
| += | HJR 11 | TELECONFERENCED | |
| *+ | SB 82 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
SB 82-COOK INLET: NEW ADMIN AREA;PERMIT BUYBACK
4:40:45 PM
CO-CHAIR BISHOP announced the consideration of SENATE BILL NO.
82 "An Act relating to the powers of the Alaska Commercial
Fisheries Entry Commission; relating to administrative areas for
regulation of certain commercial set net entry permits;
establishing a buy-back program for certain set net entry
permits; providing for the termination of state set net tract
leases under the buy-back program; closing certain water to
commercial fishing; and providing for an effective date."
4:41:05 PM
SENATOR JESSE BJORKMAN, District D, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 82, introduced the legislation
speaking to the following sponsor statement:
Senate Bill 82 is the result of sport and commercial
fishermen in Cook Inlet working together toward a
viable solution to conserve King Salmon. Alaskans
aware of the struggles between user groups when it
comes to Cook Inlet fisheries know that it is a rare
occurrence for agreement on a major policy call that
effects all of them. For decades there has been an
unhealthy tension between commercial set net fishermen
who fish on the east side of Cook Inlet and other user
groups on the Kenai and Kasilof Rivers. This
legislation will help alleviate a significant
proportion of that tension.
SB 82 supports all user groups; commercial, sport,
personal use and subsistence, providing relief by
reducing the number of set netters in the east side
set net fishery by nearly half. Thru reducing the
number of set net operations on the east side of Cook
Inlet we will see a more viable commercial fishery for
those remaining and adequate production for the
processing industry. We will also see more fish
available for in-river users. The bill offers set net
fishermen, some of whom have fished in the area for
generations, a way to fairly exit the fishery or to
reinvest in remaining operations once the 200 permit
and site reductions take place.
In the 1980s there was a migration of set net
fishermen to the east side of Cook Inlet. Returns were
large, fishing in the area was lucrative and access to
processors was easy. The appeal to commercial
fishermen was irresistible. As pressure on stocks
increased and commercial fishing profitability began
to wane, processors began leaving the area. Over time,
set net fishermen saw fewer and fewer opportunities to
fish. In recent years there have been very few
openings during the entire season. This year, the
fishery has been closed by ADF&G order.
This voluntary program established by SB 82 would
become effective only after an election held amongst
the permit holders. Once established, permit holders
would apply for the program and 200 permits would be
drawn in lottery-fashion to determine the order of
permit retirement. When a permit is retired, the
waters where the permit was fished would be closed to
future commercial fishing.
Improved King Salmon conservation and a more viable
set net fishing industry make this concept a win-win
for all user groups.
I respectfully ask for your support of this
legislation for the benefit of all the salmon user
groups on the Kenai Peninsula.
SENATOR BJORKMAN stated that the only difference between this
and the previous iteration of the bill is that the current bill
does not change the powers of the Commercial Fisheries Entry
Commission.
4:45:01 PM
KONRAD JACKSON, Staff, Senator Jesse Bjorkman, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 82.
Section 1: Amends the uncodified law of the State of
Alaska by adding a new section which establishes that
this legislation may be known as the East Side of Cook
Inlet Set Net Fleet Reduction Act.
Section 2: Amends the uncodified law of the State of
Alaska by adding new Legislative findings and intent
relating to the bill.
Section 3: Amends AS 16.43.200 by adding 2 new
subsections: (c) Establishes an area of the Upper
Subdistrict of the Cook Inlet Central District as a
distinct administrative area separate from the Cook
Inlet Central District on December 31, 2023. This area
is made up of the statistical areas identified on
January 1, 2023 as 244-21, 244- 22, 244-31, 244-32,
244-41 and 244-42. (d) Provides that an individual who
has a set net permit for the Cook Inlet Central
District on December 31, 2023 is not entitled to set
net in the administrative area created under this
section as of January 1, 2023 unless the permit has
been reassigned to that new administrative area.
Section 4: Amends the uncodified law of the State of
Alaska by adding a new section which provides how the
commission will determine whether an individual who
holds a set net entry permit in the Cook Inlet Central
District on January 1, 2024 is reassigned an entry
permit for the administrative area established under
AS 16.43.200(c) (added by sec. 3 of the bill) or the
portion of the Cook Inlet Central District that was
not assigned into the administrative area established
under AS 16.43.200(c).
Section 5: Amends the uncodified law of the State of
Alaska by adding a new section which defines the
appeals process in the new administrative area. This
section provides that a provisional license will be
issued pending resolution of an appeal and the
provisional permit holder may cast a provisional
ballot in the election established under section 6.
Section 6: Amends the uncodified law of the State of
Alaska by adding a new section which requires on April
1, 2024 an election be conducted by the commission
among persons holding permits in the new
administrative area, to affirm support or opposition
to a buy-back program. Requires the commission provide
public notice of the election, hold public meetings
concerning the election, and clarify the details of
the buy-back program to those participating in the
election.
Section 7: Amends the uncodified law of the State of
Alaska by adding a new section which establishes the
set net entry permit buy-back program for certain
permits fished in the administrative area established
under AS 16.43.200(c) (added by sec. 3 of the bill).
This section will only take effect if approved in an
election by the set net entry permit holders in the
administrative area established under AS 16.43.200(c).
If it is approved, the buyback program will become law
30 days following notification of the Lt. Governor
(see secs. 9 and 11). Sets qualifications for
participation in the program, provides the buy-back
price for permits, requires that the purchased permits
be cancelled and not re-issued, provides that certain
waters that were fished with permits purchased under
the program will be closed to future commercial salmon
fishing, and specifies other details of the buy-back
program.
Section 8: Amends the uncodified law of the State of
Alaska by adding a new section which requires the
commission to provide a written report to the
Legislature on the status of the program not later
than January 15, 2030.
Section 9: Amends the uncodified law of the State of
Alaska by adding a new section which requires the
chair of the commission to notify the Lieutenant
Governor and the Revisor of Statutes of the outcome of
the election held under section 6.
Section 10: Repeals sections 1, 2, 7 and 8 on June 30,
2030.
Section 11: Amends the uncodified law of the State of
Alaska by adding a new section which provides that
secs. 1, 2, 7, and 8 take effect only if notice is
provided under section 9 that the buy-back program
established under section 7 was approved.
Section 12: Effective Date Clause. Section 4 of the
bill takes effect January 1, 2024.
Section 13: Effective Date Clause. Provides if
sections 1, 2, 7 and, 8, take effect under section 11,
they take effect 30 days following the date of the
notice provided in section 9 that the buyback program
was approved.
Section 14: Effective Date Clause. Except as provided
in sections 12 and 13, the bill takes effect July 1,
2023.
4:49:48 PM
SENATOR BJORKMAN directed attention to page 2, line 4, and
highlighted that the bill would have no adverse effect on the
state treasury. The funding to support the optional buyback
program is designed to come from non-governmental organizations
or grants.
CO-CHAIR BISHOP noted that Section 3 identifies the areas from
which the 200 permits might come. He asked if permit holders who
decide not to participate could continue to fish in the same
area.
SENATOR BJORKMAN answered that the statistical area remains open
to the set netters who decided not to participate in the
buyback. The statistical area is closed to commercial fishing
for the retired permit.
4:51:45 PM
SENATOR DUNBAR said he assumes that each permit holder has the
option to participate in the buyback program. It's not binding
on every member who votes, even if they vote "no."
SENATOR BJORKMAN confirmed that was correct.
SENATOR DUNBAR observed that this was not a quota fishery so the
remaining permits would gain in value as they are able to catch
more fish.
SENATOR BJORKMAN said a goal of the program is to develop a more
economically viable east-side set net fishery, and a reduction
of gear theoretically would leave more fish for the remaining
set netters.
4:53:00 PM
SENATOR DUNBAR asked if it would be accurate to say that the
goal is to create a more economically sustainable fishery rather
than reduce the total catch because the remaining sites
presumably would catch more fish.
SENATOR BJORKMAN replied that the nets can only catch so much
and the fishing time is limited based on where the nets are
placed on the beach and within the tide cycle. Less gear in the
water translates to fewer fish caught.
4:54:34 PM
CO-CHAIR GIESSEL asked whether reducing the Chinook salmon catch
was still an aspect of the legislation.
SENATOR BJORKMAN said yes.
CO-CHAIR GIESSEL asked how $260,000 for the buyback was
determined.
MR. JACKSON explained that $260,000 is an aggregate of 10 years
historical fishing revenue for each permit. A small portion was
included for administrative costs for the CFEC to administer the
program and for some level of tax protection.
4:55:41 PM
SENATOR CLAMAN offered his perspective that the buybacks would
create a patchwork area.
SENATOR BJORKMAN directed attention to the map in the packets;
the red outline reflects the location of gear currently in the
water and the boxes reflect set net sites. When a set net permit
is sold, three nets would be removed from the fleet and that
water would be closed to commercial fishing. The statistical
area would exist but the area where those three nets used to
fish would be closed.
SENATOR CLAMAN observed that the map would have 200 fewer boxes.
SENATOR BJORKMAN agreed.
4:57:40 PM
CO-CHAIR BISHOP discerned there were no further questions and
announced he would hold SB 82 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 82 Sponsor Statement.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 ver A.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Sectional Analysis ver A.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Fiscal Note ADFG - Central Region Fisheries Management.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Supporting Documents-DNR Shore Fishery Leasing Fact Sheet 10.1.2010.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Supporting Documents-DNR Shore Lease Fishery Sites Map 01.18.18.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Supporting Documents-Eastside Setnet Area Map.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Supporting Documents-News Article ADN 8.12.21.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Supporting Documents-News Article KDLL Radio 03.02.23.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Supporting Documents-News Article Peninsula Clarion 03.24.23.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 82 Supporting Documents-Upper Cook Inlet Management Area Statistical Areas.pdf |
SFIN 2/19/2024 1:30:00 PM SRES 4/17/2023 3:30:00 PM |
SB 82 |
| HJR 11 Sponsor Statement.pdf |
SRES 4/17/2023 3:30:00 PM |
HJR 11 |
| HJR011 Ver. A.PDF |
SRES 4/17/2023 3:30:00 PM |
HJR 11 |
| HJR 11 Fiscal Note HRES.pdf |
SRES 4/17/2023 3:30:00 PM |
HJR 11 |
| HJR 11 Letters of Support through 04.15.23.pdf |
SRES 4/17/2023 3:30:00 PM |
HJR 11 |
| SB 82 Fiscal Note DNR.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 82 |
| SB 92 Amendment #1.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 92 |
| SB 69 SRES DNR Answers to Committee Questions 04.17.23.pdf |
SRES 4/17/2023 3:30:00 PM |
SB 69 |