Legislature(2009 - 2010)BUTROVICH 205
04/06/2009 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB177 | |
| HB134 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 134 | TELECONFERENCED | |
| *+ | SB 177 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 177-NO REPEAL OF SPORT FISH GUIDE LICENSING
3:42:08 PM
CO-CO-CHAIR MCGUIREI announced the consideration of SB 177.
SENATOR KEVIN MEYER, Alaska State Legislature, sponsor of SB
177, said this legislation provides continued oversight of sport
fishing operators and guides. The licensing and reporting
program has proven beneficial to the sport fishing industry and
those who manage fishing resources. Legislation authorizing this
program started in 2004 for the following reasons: 1) Alaska
Department of Fish and Game (ADF&G) sought more credible
information on guide numbers and activities; 2) to create basic
standards for sport fish business operators and guides including
liability insurance, first aid certification, and USGS vessel
licensing if applicable; and 3) to increase the level of
professionalism in the sport fish industry statewide. Many
former skeptics now acknowledge the role these measures have
played in advancing the guiding profession, which has helped
raise the standard of the sport fish industry statewide.
SENATOR MEYER concluded that SB 177 will permit ADF&G to
continue to foster the high standards in sport fishing and
guiding that everyone expects.
3:45:17 PM
CHARLES SWANTON, Director, Division of Sport Fish, Alaska
Department of Fish and Game (ADF&G), said the data that ADF&G
collects in its logbook program has allowed it to seek exemption
from the national saltwater registry, which tries to get that
same information. Other states do not have a similar logbook
program and the information is difficult to collect from
anglers.
He reported that ADF&G issues about 1,670 sport fishing business
licenses and 1,981 sport fishing guide licenses that are issued
annually. The logbook data comprises about 1.8 million clients
taken out over the course of the last three years. He noted that
ADF&G hopes to markedly reduce the amount of paper used in the
program over the next two years.
CO-CHAIR WIELECHOWSKI asked if the administration supports SB
177.
MR. SWANTON answered yes.
JACK CADIGAN, Juneau, said he is representing himself, but he
feels he can speak for many other saltwater charter operators
who are against SB 177. He is a retired Coast Guard captain and
a licensed charter fishing operator. He doesn't object to the
state requiring licensing and regulating of various industries
and occupations, but it seems that charter fishing in navigable
waters within Alaska is already heavily regulated. The
competency and integrity of the operators is therefore ensured
at a substantial cost in user fees and licenses. He submitted
that it doesn't cost the state anywhere near $100 to annually
provide a charter applicant with a license and sticker. Indeed,
in 2010 the annual fee for many Alaska business licenses will be
half that or less. In addition to an Alaska fishing guide
license, the charter operator and crew must purchase a sport
fishing license, even though prohibited from fishing while on a
charter. Charter operators must also purchase a state business
license. Depending on location, operators must also possess a
local sales tax license. The federal government requires a Coast
Guard license, a transportation worker identification
certificate (TWIC), enrollment in a drug testing program, and
current certificates in first aid and CPR. The aggregate cost to
the charter operator is $1,100 over a five-year period or $1,600
if SB 177 is enacted. This is exclusive of keeping first aid and
CPR certifications current. The charter industry is rigidly
controlled and receives random inspections by state and federal
authorities to ensure compliance.
3:50:02 PM
MR. CADIGAN said that in addition to money what the state gets
in return for its licensing program is a detailed log sheet for
analysis of every charter. The logs list rod hours and dates,
the name and license number of the fisher, the fish species and
where it was caught. If halibut are caught, the fisher must
certify that by signing on the back of the log sheet. Failure to
submit the log sheet on time results in a hefty fine to the
charter operator.
MR. CADIGAN suggested that rather than charging for licenses, it
would be more reasonable for the state to pay a modest stipend
to those who submit the logs. It takes considerable time and
effort for charter operators to deliver for analysis this
apparently important information. He submitted that it would be
most reasonable to allow this program to sunset by not passing
SB 177.
3:51:07 PM
SENATOR HUGGINS asked how these requirements have accumulated
over the years.
MR. CADIGAN said the Coast Guard has for some time required all
charter operators in the navigable waters of the U.S. to be
appropriately licensed. He first received his license in 1952.
The TWIC is a recent requirement by the Department of Homeland
Security to ensure that people working on the waterfront have
undergone background checks. He isn't sure when the requirements
for CPR and first aid were instituted. The random drug testing
program probably came in 15-20 years ago.
SENATOR WAGONER asked if drug tests are required more frequently
than when renewing a license.
MR. CADIGAN said charter operators [and their crew] must enroll
in an annual random drug testing program or have had a drug test
within six months of a random test. This is a Coast Guard
requirement. Responding to questions from Senator Wagoner he
added that this is a requirement for operators that carry
passengers.
3:54:06 PM
ROBERT L. JANES, representing himself, Valdez, said he is a
licensed charter captain and he opposes SB 177. His view is that
the program instituted in 2004 is discriminatory and was
justified by inherently erroneous testimony from Rob Bentz, [the
former Deputy Director, Division of Sport Fish, Alaska
Department of Fish & Game]. He pointed out that sport fishing
operators are required to pay a number of fees and acquire
certifications that the commercial longline fisherman isn't
required to pay.
3:58:14 PM
MELVIN GROVE, representing himself, Mat-Su, said he opposes SB
177. He provides a service transporting Alaskans from the dock
to a fishing boat so that people can harvest their own resource.
He understands that he must pay the government to operate his
business, but when the state instituted a new $100 sport fish
guide license it seemed to break with its past licensing policy,
which is that fees cover only the cost of issuance. He pointed
out that it only costs the commercial halibut fisherman $25 to
harvest a public resource yet the halibut charter guide must pay
$100 to provide a service so the public can harvest their own
resource. He questions how this can be justified.
In 2004 ADF&G testified that the reporting requirements would
provide comprehensive information on the impact of guided sport
fishing activities. This will lead to better regulations to
protect the states sport fishing resources. None of this
happened and nothing has improved. Even after the guides submit
detailed reports ADF&G contacts the fishers to verify their
success. He asked why guides should be put to the trouble if the
department is going to do that.
4:01:34 PM
ROD ARNO, Executive Director, Alaska Outdoor Council, said this
10,000 member statewide organization continues to support the
legislation originally passed in 2004. The only concern relates
to some of the intent of the legislation. In particular, the
data has not been used to legitimize the allocation process.
Also, AOC was told that information on the economic impacts and
contribution of sport fish in Alaska still can't be used when
looking at the economic importance of the resource. This
legislation won't change that, but in order for it to be
effective the Board of Fisheries needs to see this information
as being legitimate.
4:04:10 PM
RON RAINEY, Kenai River Sportfishing Association (KRSA), said he
is speaking in support of SB 177. The log book program has not
been successful because data compilation and reporting is
difficult. If the reports were in digital format the information
would be readily available for allocation decisions the next
day. He lives at mile 10 of the Kenai River and the fishing
pressure on the lower end of the river has increased tenfold in
the last 20 years. Clearly there is a need for daily reports on
fish catches so ADF&G can use that information in their decision
making. He won't argue with the assertion that the $100 fee is
probably too much, but digital reporting would be an invaluable
aid in managing the resource. KRSA hardily endorses passage of
SB 177, he said.
SENATOR WAGONER said he will support the bill.
4:06:29 PM
PATRICK BOOKEY, Luck of the Irish, North Pole, said this is
nothing but a big tax on charter operators. His documentation
fees for life rafts, drug testing, and various other fees cost
nearly $3,000 per year and the log book program consumes about
30 minutes of his time each day. For years ADF&G touted the best
creel surveys in the nation and he questions what happened to
that. This appears to be nothing more than a tax on the public
users of this resource and he would like the program to sunset.
SENATOR WAGONER pointed out that life rafts have nothing to do
with this fee.
MR. BOOKEY said it's just another requirement and fee by the
U.S. Coast Guard to maintain and operate a business. No other
water-based business is required to have them and have them
inspected yearly.
SENATOR WAGONER clarified that commercial fishermen that fish
past three miles are required to carry an inspected life raft.
Responding to an assertion that Prince William Sound fishermen
don't carry inspected life rafts, he pointed out that they are
not outside of state waters.
MR. BOOKEY said he sees them fishing outside the three-mile
limit all the time.
GEORGE WIESE, Leisure Charters, Valdez, said he too objects to
the sport fishing guide fee. It's excessive compared to what
commercial fishers pay. Acknowledging that it's not part of the
bill, he said he also objects to having to get a sportfishing
license only to be told he can't fish.
CO-CHAIR MCGUIRE closed public testimony.
4:10:02 PM
SENATOR WAGONER observed that the difference in requirements
between commercial and sportfishing doesn't have a lot to do
with this. However, just today he checked and found that in Cook
Inlet a commercial vessel license to fish for salmon costs $60
per year and a permit card costs $75. In Prince William Sound a
vessel license costs $375 per year and the permit card costs
$370. The point is that commercial fishers pay much more than
$25 to fish halibut or salmon, he said. He understands that the
guide fee is expensive, but he believes that there are good
reasons for that expense.
SENATOR HUGGINS said he is not familiar with the whole concept,
but he is surprised that this fee was excluded when the
administration pushed to lower licensing fees. He asked if
anyone knows why.
4:12:39 PM
MR. SWANTON said he believes that the difference stems from the
fact that the fees are not housed in the same area. Commercial
licensing is occupational while the sportfishing guide fee
resides within the codified regulations of ADF&G.
SENATOR HUGGINS asked if the department supports equal
opportunity to pay.
MR. SWANTON said he is not prepared to discuss the actual fees.
"Right now, they are what they are." The program isn't
completely solvent right now and to a certain extent ADF&G would
like to address that internally while the program is updated.
SENATOR HUGGINS said the administration owes it to the citizens
to coordinate among the departments.
CO-CHAIR MCGUIREI announced she would hold SB 177 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 177 - Bill Packet.pdf |
SRES 4/6/2009 3:30:00 PM |
SB 177 |
| HB 134 - Bill Packet.pdf |
SRES 4/6/2009 3:30:00 PM |
SB 134 |