Legislature(1995 - 1996)
02/01/1995 05:03 PM House FSH
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HFSH - 02/01/95 HB 113 - REPORTS BY OUT OF STATE FISHING VESSELS REPRESENTATIVE BILL WILLIAMS, prime sponsor of HB 113, stated, "HB 113 will give the Board of Fish the authority to adopt regulations concerning foreign fishing vessels transiting or in state waters. This legislation would allow the board to require foreign fishing vessels to report to the Department of Fish and Game the quantity, species and origin of fish on board. REPRESENTATIVE WILLIAMS further stated, "This bill would assist ADF&G in their effort to collect data on our border fisheries. HB 113 could provide ADF&G with additional in season management data, providing the state with some significant and timely information that was previously unavailable to our fisheries managers. HB 113 will also help protect the state's interest by deterring potential illegal fishing in our waters. Section 2 of the bill directs the Board of Fish to consider for adoption, before May of 1996, the provisions of HB 113 concerning foreign fishing vessels present in or transiting the waters of Southeast Alaska. Number 540 REPRESENTATIVE DAVIS stated that the bill has a zero fiscal note and asked the ADF&G if this was realistic, considering there would probably be an additional workload. REPRESENTATIVE WILLIAMS indicated that the ADF&G will be testifying on this bill. Number 547 REPRESENTATIVE OGAN asked Representative Williams if there was any relationship to this bill and the fees being charged for vessels transiting through Canada last year? REPRESENTATIVE WILLIAMS indicated there is not. He said, "What is happening now with the fisheries, is that our border between Canada and Alaska/US border is right off the Cape Muzon and Cape Shakan which is in Alaskan waters. It comes very close to both the capes and there's a lot of fish that go by early on. In the earlier years there was maybe a dozen trollers coming through and fishing in that area. Now we're getting over a hundred boats fishing that area. I guess last summer, there were approximately 40 trollers a day anchoring up and fishing that area. We're not getting any information or very little information on how much fish are being caught in our waters." REPRESENTATIVE OGAN asked, "Do we have the authority to do this? This isn't an international issue, is it?" REPRESENTATIVE WILLIAMS responded by saying that we do have authority. Number 571 PETE ECKLUND of Representative William's staff indicated that he had just received a written legal opinion from the drafting attorney that there is legal authority to do this. Number 579 REPRESENTATIVE DAVIS expounded on Representative Ogan's earlier question. "It's my understanding that this has nothing to do with fees, but deals with collecting data. It deals with the amounts of fish so you can adequately determined where they came from and how many pounds and of what species are collected." REPRESENTATIVE WILLIAMS indicated that what we would like to do is deter any fishing in our waters by foreign fishing vessels. He said, "we would know when they anchor and come into state waters and how much they have of a species and where they caught it and when they leave. We would also know what they had. This would help deter any foreign fisheries going on in our waters." Number 594 REPRESENTATIVE ELTON asked, "How does that apply to a boat registered in Washington State or Oregon?" MR. ECKLUND responded that a vessel registered in the state of Washington, Oregon or any other state would be considered a foreign fishing vessel. Number 602 GERON BRUCE, Legislative Liaison, Commissioner's Office, Alaska Department of Fish and Game, indicated that ADF&G supports HB 113. He said, "The boundary between the U.S. and Canada in this particular area, runs right to a point of land on the south end of the Prince of Wales Island. So you have Canadian fishing vessels fishing very close to Alaskan waters and then coming into Alaska waters to spend the night. That's the issue of concern, that this boundary area is still in dispute and with the present arrangement, it allows the Canadian fishermen much more access to waters in very close proximity to Alaska, than the reverse. Alaska fishermen cannot approach Canadian land to nearly the same extent. This is the area that is governed by the Pacific Salmon Treaty. So there are fishing annexes which govern the amount of harvest that can be taken in certain areas by the respective fleets and certain time periods and of certain species. That is the concern." MR. BRUCE then addressed the zero fiscal note saying, "What we would propose doing is working with the Board of Fish in adopting a regulatory regime for this, that would not provide for large costs on the department. We'll have to be careful on how we design this, because 40 vessels a night reporting, it could get to be a big workload. But we think we can work out a method where it won't provide a large burden on our staff, which are already very strained during the fishing season. Number 637 REPRESENTATIVE ELTON asked in regard to foreign fishing vessels, "Are there any federal commerce problems that we may have without equal treatment of a Washington State boat versus some Alaska boat?" MR. ECKLUND indicated that the drafting attorney didn't bring that issue up. A vessel registered in Washington, Oregon or California typically is not going to bring any fish into the state. Number 648 REPRESENTATIVE DAVIS suggested that ADF&G and the sponsor of HB 113, reconsider the zero fiscal note, as this effort may be quite burdensome. Number 666 LONNIE HAUGHTON, Secretary/Treasurer, Ketchikan Trollers Committee, testified via teleconference saying, "We asked for this bill as a means of addressing the situation of a large increase in the presence of Canadian trollers in the past five years." MR. HAUGHTON said, "He had spoken with ADF&G about the impact the Canadian's are having in this fishery and the lack of reliable data. We're not asking the state to get involved in enforcing rules or regulations or activities in the disputed boundary...." TAPE 95-5, SIDE B Number 000 MR. HAUGHTON continued, ...."The other question that came up about what a foreign fishing vessel is. Any fishing vessel from Washington State or Oregon State for example, that came to Alaska in any fishery that I know of, registers with the state of Alaska to participate in the fishery. Any fishing vessel or tender that is U.S. registered, that comes into Alaska to participate in the fishery in any way, does register with the state of Alaska. Therefore, they would not be considered a foreign fishing vessel under this regulation, as we understand it." BRIAN WARMUTH, testified via teleconference saying, "I have fished in the area for the last 15 years. When I first started to fish, it was an oddity to see Canadian trollers. Over the last four or five years, the fleet has grown by leaps and bounds. It's not uncommon to see over 100 boats working the 50 fathom edge out in front of the (indisc.) Cape there. Many of these boats are refrigerator vessels and largely stay out for some time. I think this bill will give the ADF&G an important management tool to get a handle on what the catch is out there. Because their fishing in a disputed zone that historically has been fished almost exclusively by Alaskan boats." Number 051 DAVID OTTE, troller from Ketchikan, testified via teleconference saying, "I've seen about the same thing that Lonnie and Brian have. There is no way to tell how many Alaska fish they're catching, without some way to get records from them. It's obvious the Canadian government is not willing or able to let us know how many Alaska fish are being caught there. I think this bill would help do that." Number 076 GARY FREITAG, Research Evaluation Manager, Southern Southeast Region Aquacultural Association and member of the Pacific Salmon Commission stated, "I've had to work with the information that we currently receive from Canada dealing with the harvest on both sides of the border. I think that one of the things that has always been real clear, is that the amount of data that we do receive from the Canadian side is always been fairly slim. I think we've seen some discrepancies in the little that we do receive, that we are suspicious of the reports. So I think it's really critical that we get more substantial data and accurate data to verify some of the things we're seeing in the data bases. I think it's quite important that this be a provision that allows the board to set up a mechanism to gather this information. I am in full support of this. I think it will be a real benefit to the people like myself, who have to work with the information and try to set who's catching whose fish and where they are being caught and where they're migrating too." Number 120 REPRESENTATIVE ELTON stated, "Subsequent to my question about the federal commerce clause, an opinion was passed out, and I think it speaks directly to the question that I asked and I'm comforted by the opinion. As long as the caveats within the opinion are followed, I don't think we have a problem." Number 128 REPRESENTATIVE CARL MOSES made a motion to move HB 113 out of committee with individual recommendations. REPRESENTATIVE OGAN recommended that the Fish and Wildlife Protection, Public Safety people be brought in to address the issue of whether or not the other agencies have the resources to enforce it. CHAIRMAN AUSTERMAN asked if there was any objection. Hearing none, the motion passed.
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