Legislature(2019 - 2020)BUTROVICH 205
02/28/2020 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB159 | |
| SB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 159 | TELECONFERENCED | |
| *+ | SB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 159-SALT WATER FISHING: OPERATORS/GUIDES
3:30:31 PM
CHAIR MICCICHE announced that the first order of business would
be Senate Bill 159, "An Act relating to salt water sport fishing
operators and salt water sport fishing guides; and providing for
an effective date."
3:31:36 PM
DAVID RUTZ, Director, Division of Sport Fisheries, Alaska
Department of Fish and Game, Palmer, Alaska, explained that SB
159 would reinstate sport fishing guide and operator licensing
standards and fees for salt water guides and operators. The
legislature adopted the sport fish guide and operator licenses
that took effect in 2005 and sunsetted on December 31, 2014. The
legislature reinstated the legislation and it sunsetted in 2018.
The department would like to see the operator licensing
standards and fees in statute in perpetuity. The license fees
pay the cost of collecting logbook data which is the reporting
section of SB 159.
He detailed that the department has collected logbook data from
salt water sport fishing businesses and guides since 1998.
Logbook data is critical to upholding the state's obligations
for the United States and Canadian Pacific Salmon Treaty as well
as providing crucial data to the International Pacific Halibut
Commission. Logbook data is also critical for the North Pacific
Fisheries Management Council for managing federal fisheries and
avoiding duplicative reporting mechanisms that place undue
burden on the charter fishing industry.
MR. RUTZ noted that committee members received a logbook use
summary that lays out all the needs and obligations the program
provides.
3:34:47 PM
RACHEL HANKE, Legislative Liaison, Alaska Department of Fish and
Game, Juneau, Alaska, provided the following sectional analysis
for SB 159, version A:
Section 1
Establishes license fees for salt water guides and
operators.
• Guide license - $200
• Operator license - $400
• Operator and guide combined license - $400
Section 2
Adds new Article to AS 16.40
• AS 16.40.262 provides stipulations for the salt
water operator license and defines the license
type.
• AS 16.40.272 provides stipulations for the salt
water guides and combined license and defines
both license types.
• AS 16.40.282 establishes reporting requirements
for salt water guides and operators.
• AS 16.40.292 establishes penalties for
violations the chapter.
• AS 16.40.301 defines "salt water sport fishing
guide" and "salt water sport fishing guide
services.
Section 3
Adds salt water sport fishing operator and guide
license to AS 25.27.244(s)(2) which defines "license.
Section 4
Effective date of January 1, 2021.
3:36:02 PM
CHAIR MICCICHE asked what the fees were when the program expired
in 2018.
MR. RUTZ answered that they were $200 for the guide and operator
fee and $100 for the guide fee, which is half of what SB 159
asks for.
CHAIR MICCICHE asked if the combined fee has always been the
same as the salt water fishing operator license.
3:37:01 PM
TOM TAUBE, Deputy Director, Division of Sport Fisheries, Alaska
Department of Fish and Game, Juneau, Alaska, explained that the
combined fee has been the same as the operator license. The
combined fee in SB 159 is $400 and previously the fee was $200.
An operator who is also a guide would pay the full amount as a
business does.
SENATOR COGHILL noted that the amended legislation adds a new
section. He asked if the new section adds new verbiage to the
legislation.
MS. HANKE answered that the new section is mostly the same, but
the bill reinstates the reporting requirement from the original
legislation.
3:38:42 PM
SENATOR KIEHL asked for the number of salt water guides and the
total number of guides in the state.
MR. TAUBE answered that there are approximately 1,200 to 1,300
salt water guides. The approximate total of both fresh water and
salt water guides is 2,200 to 2,400.
SENATOR KIEHL pointed out that logbooks are important to the
Board of Game and advisory committees. He asked why the bill
only requires logbook data from salt water guides.
MR. TAUBE answered that the department specifically submitted
salt water guides because the salt water guide industry supports
the legislation. The department dropped fresh water logbooks at
the beginning of 2019 partly due to not having sufficient
funding to continue the program and a lack of support from the
fresh water guide industry to complete the logbooks. The fresh
water guiding industry felt that the division was not using
their logbook data for management purposes.
He explained that after in-season logbook data collection, the
department releases data during the post season. However, the
department is converting to an electronic logbook (e-logbook)
system for the 2021 season. The department will mandate all salt
water guides to complete their e-logbooks. The logbook
conversion should expedite data processing and information
compilation.
MR. TAUBE detailed that the department releases king salmon data
by mid-July to determine where the state is with regards to
Pacific Salmon Treaty obligations. They start generating halibut
harvest reports at the same time for the North Pacific Fishery
Management Council for the fall.
3:41:14 PM
SENATOR KIEHL remarked that all the listed logbook data benefits
were in-season management benefits. He opined that providing
more data would seem to help the Board of Game and biologists to
do a better job, especially with the e-logbook implementation
providing in-season information for just about everybody.
MR. TAUBE replied in-season is a relative term, but preliminary
data access would occur within weeks of the e-logbook
compilation. However, data analysis during the in-season would
take some time.
CHAIR MICCICHE asked why the legislation sunsetted twice in the
last six years.
MR. TAUBE replied he does not know the rationale for the sunset
clauses. The initial legislation adopted in 2005 had a five-year
sunset with two-year sunsets afterwards.
CHAIR MICCICHE remarked that this is obviously a priority for
the department. He asked why the legislation was not a priority
during the previous times when it sunsetted and then expired.
MR. TAUBE answered that he believes it was a priority for the
department, but he isn't certain why the sunset provisions were
inserted.
SENATOR COGHILL pointed out that the fiscal note indicated
concerns over the fresh water guide licensing logbook. He
recalled that the fresh water logbook discussion related to
whether the process provided value.
SENATOR COGHILL asked how the department records individual
licensing and boat labeling [registration].
3:44:04 PM
MR. TAUBE explained that the department requires licensed guide
businesses to register their vessel and get logbooks for their
staff. Within the logbook there is a vessel registration form
that identifies the vessel utilized by the business during the
season. The guide business can contact the department to add a
replacement vessel if their registered vessel goes down during
the season.
He explained that vessel registration allows the department to
track vessels used for guiding. Each vessel receives a large
gold and green decal, often called "the watermelon." The guide
businesses receive annual renewal tags that go on each side of
their registered vessel.
SENATOR COGHILL asked how the department holds licensed
individuals accountable for logbook data.
MR. TAUBE explained that logbook instructions require logbook
entries to be completed before offloading passengers and fish.
The department can issue citations to individuals that do not
comply. Licensed guide businesses must submit completed logbooks
to the department within a two-week timeframe when reports are
due.
He noted that the department has been lenient on reporting
provisions if someone operates in a remote location and requires
an end of season waiver. However, the department has cited
individuals for incorrectly completing logbooks, falsely
completing them, or not turning them in within the required
timeframe.
3:46:51 PM
SENATOR COGHILL asked if using e-logbooks will allow faster data
downloading and cleaner accountability.
MR. TAUBE answered yes. He detailed that a guide or business
will upload logbook information after a fishing trip once they
have connectivity. The department will allow a guide or business
up to two days to make corrections to the logbook but after that
the data is uploaded and changes are no longer allowed.
Citations or violations will be the same for failure to
correctly complete e-logbooks. It's just a more efficient means
of collecting information.
MR. TAUBE detailed that the e-logbook process will be efficient
for guides taking clientele out multiple days. Guides will be
able to repeat clientele information in future days to record e-
logbook entries. Guides will also be able to scan licenses to
automatically upload client information. The idea behind the e-
logbooks was to make things more efficient for guides and
acquisition of the data easier for the department.
3:48:36 PM
SENATOR COGHILL asked how many licensed operators can be on a
tagged boat.
MR. TAUBE explained that each vessel has one logbook and
generally there is one guide per vessel. There could be multiple
guides on a single vessel, but guides would be recording into
the same logbook. Usually the second guide acts as a deckhand
and the lead guide records logbook trip information.
SENATOR COGHILL inquired if logbook accountability is an
economic or legal relationship.
MR. TAUBE answered it's a legal relationship.
SENATOR COGHILL recapped that there is one boat and one guide.
MR. TAUBE added that there is one logbook in that circumstance.
CHAIR MICCICHE asked if a deckhand has licensing requirements.
MR. TAUBE answered that the definition of sport fishing guide
services excludes a deckhand from licensing requirements. He
explained that deckhands fall under the guide's license.
CHAIR MICCICHE asked if the department requires a deckhand to
have a current sport fishing license.
MR. TAUBE answered yes.
3:50:37 PM
CHAIR MICCICHE asked if insurance, first aid, holding a driver's
license and other requirements are the same as they have been in
the past.
MR. TAUBE answered yes.
CHAIR MICCICHE read the following provision on page 4, line 28:
A person who is required to complete reports under
this section may not provide false information or omit
material facts in a report.
He asked if he agrees that in the State of Alaska a person who
is under 16 years of age does not require a sport fishing
license.
MR. TAUBE clarified that an Alaskan resident under the age of 18
and a nonresident under the age of 16 does not require a
license.
CHAIR MICCICHE asked what protects a guide from the charge of
filing a false report if the parents of a nonresident 17-year-
old claim their child is under age 16 and the truth comes out
when the boat is boarded and IDs are checked.
3:52:12 PM
MR. TAUBE answered that the determination is up to the
investigating enforcement officer. If the guide made every
effort to get the correct information, the clients would be
responsible. He said the department does not require guides to
ask for birth certificates.
CHAIR MICCICHE noted that the guide in the referenced case was a
very uncomfortable winner. He said he brought it up to bring
clarity to the case to ensure that the incident does not happen
again.
MR. TAUBE the committee to support SB 159 without a sunset
clause, if possible.
CHAIR MICCICHE noted his concern about the rollercoaster
management of the guidebook program and the unfair requirements
it places on salt water operators who have a lot of other things
worry about.
3:54:07 PM
CHAIR MICCICHE opened public testimony; finding none, he stated
he would keep it open. He encouraged written testimony be
submitted to [email protected].
3:54:48 PM
CHAIR MICCICHE held SB 159 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 159 ver. A.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 159 |
| SB 159 Transmittal Letter 1.28.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 159 |
| SB 159 Sectional Analysis 1.28.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 159 |
| SB 159 Fiscal Note DFG-DSF-01.14.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 159 |
| SB 159 ADFG Letter of Support 1.28.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 159 |
| SB 159 Logbook Use Summary 1.28.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 159 |
| SB 189 v. A.PDF |
SRES 2/28/2020 3:30:00 PM |
SB 189 |
| SB 189 Transmittal Letter ver. A 2.18.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 189 |
| SB 189 Sectional Analysis - ver. A 2.18.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 189 |
| SB 189 Fiscal Note DFG-SF 02.03.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 189 |
| SB 189 Support Doc - DOR Redemption Letter 2.13.2020.PDF |
SRES 2/28/2020 3:30:00 PM |
SB 189 |
| SB 189 Support Doc - Surcharge Revenue Breakdown 2.18.2020.pdf |
SRES 2/28/2020 3:30:00 PM |
SB 189 |