Legislature(2009 - 2010)BARNES 124
02/09/2010 10:15 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| SJR22 | |
| HB266 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 22 | TELECONFERENCED | |
| *+ | HB 266 | TELECONFERENCED | |
| + | TELECONFERENCED |
SJR 22-FEDERAL PREEMPTION OF SALMON MANAGEMENT
10:18:38 AM
CHAIR EDGMON announced that the first order of business would be
SENATE JOINT RESOLUTION NO. 22, "Opposing litigation that seeks
to eliminate the Kenai, Kasilof, and Chitina sockeye salmon
personal use dip net fisheries; and requesting the governor to
re-examine the disproportional influence of the commercial
fisheries industries on fisheries management in the state."
10:19:25 AM
SENATOR CHARLIE HUGGINS, Alaska State Legislature, presented SJR
22, and explained the importance, and necessity, of the dip
netting tradition in Alaska. The resolution seeks to maintain,
and restrict dip netting as a resident-only fishery. A suit is
being brought by the United Cook Inlet Drift Association
(UCIDA), and an individual, Herbert T. Jensen, to have the
federal government find this traditional use fishery
unconstitutional. He pointed out that other commercial fishing
associations have kept a distance from the issue. The areas
involved directly are Kenai, Kasilof, and Chitina, where the
nonresident commercial fishing permit holders insist on being
granted the right to dip net. There is not an argument to allow
other nonresidents to dip net, however. He stressed that as a
state's rights advocate, this fishery belongs under state
management and should not be placed under the purview of a
federal department. He deferred to the House co-sponsor for
further comment.
10:23:36 AM
REPRESENTATIVE KELLER moved to adopt the HCS for CSSJR 22,
Version 26-LS0866\S, Kane, 2/5/10.
10:23:41 AM
REPRESENTATIVE BUCH objected for discussion.
10:24:46 AM
REPRESENTATIVE JOHNSON observed that the changes in the House
Committee Substitute (HCS) are nonsubstantive.
10:25:08 AM
REPRESENTATIVE BUCH removed his objection.
CHAIR EDGMON, hearing no further objection, announced that
Version S was before the committee.
10:25:23 AM
REPRESENATIVE BILL STOLTZE, Alaska State Legislature, presented
the HCS and said the lawsuit arose as an attempt to engage
federal courts for the purpose of overthrowing the establishment
of personal use fisheries, originated under the Magnuson-Stevens
Fishery Conservation and Management Act (MSFCMA). Although
defendants are seeking suit against the U.S. Secretary of
Commerce, he maintained this is a state's rights issue. If any
other Alaska fishery was being subverted in federal courts, he
opined that the state attorney general would become involved.
He stated his belief that the most important fish is the one
that feeds an Alaskan family, and residents should not be
restricted from the use of Alaskan salmon. Although it does not
affect fisheries in every part of the state, dip netting is an
important, duly established fishery.
10:28:30 AM
REPRESENTATIVE JOHNSON declared a conflict of interest,
indicating that he is a permitted participant in the Chitina dip
netting fishery.
10:28:57 AM
SENATOR HUGGINS added that the tradition being challenged
extends back to the 1980's. In one area the volume of permits
issued ranges up to 2,300, which indicates that it is a popular
fishery.
REPRESENTATIVE STOLTZE interjected that he supports more people
everywhere eating wild Alaskan salmon.
10:30:08 AM
REPRESENTATIVE MILLETT stated a conflict of interest as a
permitted fishery participant, and stated support for the
resolution.
10:30:48 AM
CHAIR EDGMON opened public testimony.
10:31:23 AM
ROD ARNO, Executive Director, Alaska Outdoor Council (AOC),
stated support for SJR 22, and said the Alaska Outdoor Council
(AOC) is a strong advocate for state's rights. He opined that
there is no justification for these suits to be filed.
10:32:08 AM
MELVIN GROVE, Member, Mat-Su Fish and Game Advisory Council,
Board Member, Alaska Outdoor Access Alliance, stated support for
SJR 22, and reminded committee members that fish resources are
held under the public trust doctrine. Further, he said:
The citizens are entitled to catch their own, and cook
it fresh. I would have thought that it was common
practice to manage our fish resources to favor the
citizens of the state. ... I have nothing against
[the] commercial fishing industry; they should be
allowed to take the harvestable surplus after the
citizens have harvested their own.
10:33:54 AM
BYRON HALEY, President, Chitina Dip Netters Association, Board
Member, Alaska Fish and Wildlife Conservation Fund, stated
support for SJR 22. He then related that the recent board
meeting voted unanimously in favor of the resolution.
10:34:24 AM
KEN LARSON, Representative, Prince William Sound Charter Boat
Association, stated support for SJR 22, and said:
We have been living through the disenfranchisement of
the Alaska sports fishermen, subsistence fishermen,
and the halibut arena, for the last many years. We've
seen the results of federal takeover of the [halibut]
fishery, and we would not like to see the same thing
happen to the dip netting and salmon industry. The
passage of this joint resolution, and the house bill,
will certainly set a precedent on other fisheries.
10:36:12 AM
RICKY GEASE, Executive Director, Kenai River Sport Fishing
Association, stated support for SJR 22, and said:
We think it's important ... when issues of fisheries
management [arise] between the federal government and
the state government who's managing the salmon
fisheries, and a case goes to federal court, ... that
the State of Alaska be represented ... through the
[Office of the] Attorney General.
10:37:03 AM
REPRESENTATIVE BUCH inquired about departmental direction, or
administrative support, for the resolution.
10:37:45 AM
REPRESENTATIVE STOLTZE reported that the point of the resolution
is to bring attention and involvement. The attorney general has
been made aware of the situation through the resolution process.
Officials at ADF&G are aware of the situation and the
commissioner has had legal papers filed in conjunction with the
issue.
REPRESENTATIVE BUCH maintained interest in hearing comment from
ADF&G.
10:39:01 AM
CHAIR EDGMON closed public testimony.
10:39:09 AM
REPRESENTATIVE KAWASAKI asked about the title of the bill, and
why it is restricted specifically to sockeye salmon.
SHARON LONG, Staff, Senator Charlie Huggins, Alaska State
Legislature, deferred.
10:39:54 AM
BRIAN KANE, Attorney, Legislative Legal Counsel, Legislative
Affairs Agency, indicated that there is no specific reason for
stipulating sockeye. He noted that the BE IT RESOLVED
statement, page 3, line 25, does not reflect similar language,
which is unusual.
CHAIR EDGMON surmised that sockeye salmon are specified as the
species targeted by dip netters.
MS. LONG confirmed the chairman's understanding.
10:40:47 AM
REPRESENTATIVE KAWASAKI offered that dip netting in the Chitina
has included king salmon. He then asked why this species is not
included in the resolution.
MS. LONG refrained from commenting on the king salmon question.
She said:
Remarkably the UCIDA are able to keep, for their
personal use, an unlimited number of fish from their
commercial catch .... The case is viable. The
parties have been very active, filing motions and
briefs. Just last week the plaintiffs moved to go
forward to oral arguments. So this is a live wire.
MS LONG directed attention to a response letter from the United
States Department of Commerce, National Marine Fisheries Service
[not dated], and paraphrased from page 11, paragraph 4, which
read:
Therefore, NMFS lacks authority to regulate the
State's personal use fishery conducted within State
waters and the requirements of the Magnuson-Stevens
Act do not apply to the personal use fishery.
10:43:22 AM
REPRESENTATIVE MUNOZ asked if the case involves more than one
species of salmon.
MS. LONG responded that it speaks to the fishery in general.
She deferred to Legislative Legal Services for further comment,
adding that there is some difficulty getting documents from the
court.
MR. KANE agreed that documents have been spare, and lacking the
briefs he could not speak to the question. He said he would
provide the committee with the information when the paperwork
becomes available from the courts.
10:44:32 AM
REPRESENTATIVE STOLTZE said the basis of the suit is contained
in one statement, which he read:
Members of UCIDA consist of resident/nonresident
commercial fishermen who rely predominately upon the
harvest of sockeye salmon to earn their livelihood.
REPRESENTATIVE STOLTZE said the point made, regarding king
salmon, is valid. Kings are not allowed in many of the dip net
fisheries, although it is a big part of the Fairbanks culture.
The litigants have referred specifically to sockeye in the law
suit.
10:46:26 AM
REPRESENTATIVE JOHNSON recalled the statement that a commercial
fisherman can keep an unlimited amount of their catch for
personal use, and asked if that is correct.
REPRESENTATIVE STOLTZE deferred to the department.
MS. LONG responded affirmatively.
10:47:18 AM
REPRESENTATIVE JOHNSON asked if it would be appropriate to refer
to dip net salmon, rather than specifying sockeye salmon.
MR. KANE answered that the goal of SJR is to directly impact a
particular lawsuit, which specifies sockeye salmon. He opined
that it would not be of benefit.
10:48:44 AM
REPRESENTATIVE KELLER moved to report HCS for CSSJR 22(RES), out
of committee with individual recommendations and the
accompanying fiscal notes.
There being no objection, HCS CSSJR 22(FSH) was moved from the
House Special Committee on Fisheries.
The committee took an at-ease from 10:49 a.m. to 10:52 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB266--Sponsor Statement.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB266--Personal Use Fishery Data.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| SJR 22 Sponsor Statement.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| SJR 22 Press Release.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| CS for CSSJR22.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| CS for HB266 with Accompanying Materials.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| Sweetheart Creek and Juneau Area Personal Use Data--ADF&G.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB266 CDFU Opposition.pdf |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| SJR 22 NMFS Response to UCIDA Petition.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| Matt Donohoe LIO Testimony.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| SJR 22 SCADA Support.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 |
| HB266--SCADA Support.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB266-DFG-BDS-02-09-10 Fiscal Note.pdf |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| SJR 22 2010 Fiscal Note.PDF |
HFSH 2/9/2010 10:15:00 AM |
SJR 22 SJR 22 Fiscal Note 2010 |
| HB 266--Bonnie Borba Email.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB 266--Gary Miller Email.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |
| HB 266--Ricky Gease Email.PDF |
HFSH 2/9/2010 10:15:00 AM |
HB 266 |