04/12/1995 05:06 PM House FSH

 HJR 38 - MAGNUSON FISHERY CONSERVATION & MANAGEMENT ACT                      
                                                                              
 Number 414                                                                    
                                                                               
 CHAIRMAN AUSTERMAN spoke as the prime sponsor of this resolution              
 and read his own sponsor statement into the record:                           
                                                                               
      "House Joint Resolution 38 speaks to the upcoming Magnuson               
      Fishery Conservation and Management Act reauthorization                  
      which was last re-authorized in Congress for a period of                 
      three years and is set to expire at the end of this year.                
      The Act serves two purposes:  1) to make a national claim                
      on the fisheries resources of the continental shelf in the               
      band of marine waters from 3 to 200 miles offshore -- the                
      exclusive economic zone (EEZ); and 2) to set up a system                 
      for managing and conserving the fisheries resources within               
      the zone.  To meet this management and conservation aim,                 
      Congress created the Regional Fishery Management Council                 
      system.  Alaska is represented on the North Pacific                      
      Fishery Management Council.                                              
                                                                               
      "In creating the Council system, Congress recognized the                 
      strong interest coastal states had in the fisheries                      
      resources of the EEZ off their shores.  Congress charges                 
      the Councils with the primary responsibilities for                       
      determining management policy, within the EEZ, and                       
      mandates that the voting members of each of the eight                    
      regional Councils be drawn from the relevant coastal                     
      states.  There is only one voting member representing                    
      the federal government on each Council.                                  
                                                                               
      "The North Pacific Fishery Management Council is unique                  
      among the eight regional Councils created by Congress.                   
      This Council is the only one assigned the EEZ lying                      
      directly and entirely off the coast of a single state --                 
      Alaska.  All of the other Councils' regions of authority                 
      span multiple state coastlines.  Congress recognized this                
      uniqueness, as well as the historic participation in the                 
      fisheries off Alaska by residents of Washington and Oregon,              
      when prescribing the voting membership of the North Pacific              
      Fishery Management Council.  There are 6 votes from Alaska,              
      3 from Washington, 1 from the National Marine Fisheries                  
      Service.                                                                 
                                                                               
      "Maintaining that Alaska majority on the NPFMC is one of                 
      the principal issues during this and former Magnuson Act                 
      reauthorizations and is addressed in this resolution.                    
      This resolution also suggests several provisions for the                 
      state's best interest be included within the reauthorization.            
                                                                               
      "Thank you for your consideration of this resolution."                   
                                                                               
 Number 447                                                                    
                                                                               
 REPRESENTATIVE DAVIS appreciated that fact that the last bill was             
 held so the committee could vote on this Resolution.                          
                                                                               
 Number 459                                                                    
                                                                               
 MR. BRUCE set forth that the ADF&G does support HJR 38.                       
                                                                               
 Number 471                                                                    
                                                                               
 CHAIRMAN AUSTERMAN indicated there are two amendments in the                  
 committee packets.  He further stipulated that the first amendment            
 for consideration is numbered G.2.  He noted the changes would add            
 the "be it resolved" issues that the committee would like to see              
 covered.                                                                      
                                                                               
 Number 485                                                                    
                                                                               
 REPRESENTATIVE OGAN moved amendment number one.                               
                                                                               
 REPRESENTATIVE DAVIS objected for the sake of discussion and study.           
                                                                               
 Number 501                                                                    
                                                                               
 REPRESENTATIVE DAVIS withdrew his objection without discussion                
 taking place.                                                                 
                                                                               
 Number 503                                                                    
                                                                               
 REPRESENTATIVE ELTON asked for an explanation of amendment one,               
 paragraph five, which talks about Individual Transferable Quotas              
 (ITQ).  Specifically, he wanted to know if there was presently a              
 provision to provide a portion of the annual harvest in a fishery,            
 subject to ITQs for entry level fishermen or small vessel owners              
 who do not hold ITQs.                                                         
                                                                               
 CHAIRMAN AUSTERMAN responded that there wasn't and that was why               
 this paragraph was in the amendment.                                          
                                                                               
 REPRESENTATIVE ELTON further asked if we were establishing the                
 parameters under which we want the Magnuson Act renewed.  He                  
 related that somebody could come to the conclusion that the state             
 of Alaska doesn't want it renewed because we didn't do anything               
 about reserving a portion of the ITQs for the entry of fishermen.             
 He was generally concerned that it could be perceived as a list of            
 conditions, under which the state would then accept the renewal of            
 the Magnuson Act.                                                             
                                                                               
 CHAIRMAN AUSTERMAN agreed with Representative Elton that there was            
 always that possibility of misperception.                                     
                                                                               
 Number 523                                                                    
                                                                               
 REPRESENTATIVE DAVIS somewhat agreed, but pointed out that the                
 language contained in this Resolution is such, that it requests,              
 doesn't demand the federal government to reauthorize the Magnuson             
 Act.                                                                          
                                                                               
 CHAIRMAN AUSTERMAN acknowledged Representative Davis' comments and            
 also recognized Representative Vezey and informed him that HB 296             
 had been heard, but held.                                                     
                                                                               
 REPRESENTATIVE DAVIS requested that HB 296 be reopened so                     
 Representative Vezey could answer the questions of the committee.             
                                                                               
 CHAIRMAN AUSTERMAN indicated that the committee would finish up               
 with HJR 38 first and time permitting would take additional                   
 testimony on HB 296.                                                          
                                                                               
 Number 539                                                                    
                                                                               
 CHAIRMAN AUSTERMAN ordered amendment number one passed upon hearing           
 no objections.                                                                
                                                                               
 CHAIRMAN AUSTERMAN indicated that the second proposed amendment was           
 listed as G.3.                                                                
                                                                               
 Number 544                                                                    
                                                                               
 REPRESENTATIVE OGAN moved and objected to amendment number two.               
                                                                               
 CHAIRMAN AUSTERMAN pointed out that this amendment was self-                  
 explanatory, but there was a typo on line 5 of the proposed                   
 amendment number two.  It should read "United" not "Untied."                  
                                                                               
 REPRESENTATIVE ELTON remarked that he kind of liked the typo and              
 objected to its removal.                                                      
                                                                               
 CHAIRMAN AUSTERMAN specified very briefly what this amendment adds.           
                                                                               
 REPRESENTATIVE OGAN removed his objection.                                    
                                                                               
 Number 553                                                                    
                                                                               
 CHAIRMAN AUSTERMAN ordered amendment number two passed upon hearing           
 no objections.                                                                
                                                                               
 REPRESENTATIVE OGAN moved CSHJR 38(FSH) with a zero fiscal note               
 attached.                                                                     
                                                                               
 CHAIRMAN AUSTERMAN upon hearing no objections, moved CSHJR 38(FSH)            
 out of committee.