Legislature(1997 - 1998)

01/28/1998 05:03 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 310 - UTILIZATION OF GROUNDFISH                                             
                                                                               
Number 0555                                                                    
                                                                               
AMY DAUGHERTY, Legislative Aide to Representative Austerman, stated            
that HB 310 is straight forward, it removes pollock from the                   
statute and in its place but the word "groundfish" in.  Section 3              
is amended to include pollock in the definition of groundfish,                 
thereby extending the waste laws on pollock to all groundfish.  She            
explained that it is part of a movement started by federal                     
fisheries management.  She referred to a letter in the committee's             
packet that concerns Amendment 49 to the Fishery Management Plan.              
It states the need for regulations to govern shore based processors            
regarding the Improved Retention/Improved Utilization program                  
(IR/IU).  The federal regulations are contingent on actions by the             
state of Alaska.  She referred to a statement by the National                  
Marine Fisheries (NMFS) Service that stated they believe Alaska                
will proceed ahead with the statutory changes in order to apply the            
IR/IU program to the onshore processors and NMFS is going to                   
implement their regulations accordingly.                                       
                                                                               
Number 0632                                                                    
                                                                               
MS. DAUGHERTY referred to the Magnuson-Stevens Fishery and                     
Conservation and Management Act's section on bycatch reduction.                
She explained that it states there should be "conservation and                 
management measures to lower, on an annual basis for a period of               
not less four years, the total amount of economic discards                     
occurring in the fisheries."  She stated that HB 310 is the first              
step in a mutual effort between state and federal government to                
minimize the waste that occurs in the fisheries.                               
                                                                               
Number 0673                                                                    
                                                                               
MS. DAUGHERTY referred the committee to the third page of the                  
federal regulations in their committee packet: "The Council has                
assumed that the state of Alaska will implement a parallel IR/IU               
program for shore-based processors.  In testimony at the Council               
meetings, the state indicated its intent to implement parallel                 
IR/IU regulations.  Otherwise rejection of deliveries by                       
processors would be the equivalent of discarding".  She explained              
that we are forcing the processors to purchase some of the fish so             
that it can be utilized, instead of the normal practice of                     
discarding them.                                                               
                                                                               
MS.  DAUGHERTY pointed out that there are also some regulations for            
pollock in place as there is currently the statutory authority to              
deal with pollock.  She stated that there is the need for statutory            
authority to deal with Pacific cod and referred to Mr. Bruce to                
testify on HB 310.                                                             
                                                                               
Number 0725                                                                    
                                                                               
GERON BRUCE, Legislative Liaison, Office of the Commissioner,                  
Department of Fish and Game, that he is in support of HB 310.  He              
stated that he would like the committee to keep in mind that this              
is part of an effort by the managers in the agencies responsible               
for the groundfish fisheries in the Bering Sea, Gulf of Alaska and             
inshore waters to reduce the economic discards that are associated             
with the groundfish fisheries.  He stated that it is a level                   
playing field issue; when it was discussed at the council level                
there was concern expressed and general agreement that the onshore             
processors and the fishermen fishing inside state waters should                
abide by the same rules that the offshore harvesters and processors            
where abiding by.  The state agreed to work towards that goal.  He             
continued "And we have already through the existing statute that               
authorizes us to prevent waste of pollock, taken action, the Board             
of Fisheries has taken action to put in place exactly the same kind            
of regulations for pollock that exist in the federal arena."  He               
stated, however, we can't go forward with Pacific cod at this point            
as far as regulation by processors because the Board of Fisheries              
lacks the statutory authority to take that action with Pacific cod.            
House Bill 310 would authorize the board on a case by case basis to            
specify a groundfish species for inclusion in this IR/IU program.              
He declared that the reason they have specified groundfish rather              
than  Pacific cod, in addition to pollock, is because this program             
will evolve over time and the federal program calls for rock sole              
and yellow fin sole to be added to that list in the year 2003.  He             
clarified that the intention is to move toward the reduction of                
economic discards in the groundfish fisheries and in all species               
overtime.  House Bill 310 would provide the flexibility for the                
state to match the federal program as well as for the industry to              
adapt to it over a phased-in period of time.                                   
                                                                               
                                                                               
Number 0855                                                                    
                                                                               
REPRESENTATIVE HODGINS asked what the concept of including other               
species of fish in the waste treatment does economically to the                
fishermen and processors.                                                      
                                                                               
Number 0882                                                                    
                                                                               
MR. BRUCE stated that there is certainly an economic cost to the               
industry for doing this and those issues were discussed extensively            
in the NPFMC arena.  He stated that Mr. Lauber could address the               
nature of those discussions.  He explained that the Department of              
Fish and Game contacted a group of 22 different representatives                
from both the fishing groups and processors in the state to involve            
them in the development of the legislation and regulations.  There             
was near unanimous support for this; their view is that they are               
willing to undertake the cost to improve conservation and have                 
better utilization of the resource.  He continued that the cost to             
some operators is not going to be that significant because they                
have the ability through meal plants to deal with fish that have               
been discarded in the past.  Others will have to modify their                  
operations to do this.  He stated that with the exemption of one               
group there is support for going forward with HB 310.  He declared             
that there is a cost issue but one that the industry is willing to             
bear and it is not an obstacle that can not be over come.                      
                                                                               
Number 0959                                                                    
                                                                               
RICK LAUBER, Representative, Pacific Seafood Processors                        
Association; and Chairman, North Pacific Fisheries Management                  
Council, stated that members support HB 310.  He stated that it is             
necessary in order to be in legal compliance.  He continued that a             
vast majority of inshore operators have been in compliance with                
this bill for many years.  He ascertained that it has been very                
helpful because without the pollock bill regarding full                        
utilization, there would have been a great difficulty to convince              
factory trawlers to stop roe stripping.  He stated that they would             
take the roe and discard the carcasses in the Bering Sea.  He                  
stated that they have successfully passed, through the council and             
the Secretary of Commerce, a ban on roe stripping of pollock.  He              
stated that in order to have comparable regulations on shore as the            
council has imposed offshore for improved retention and                        
utilization, it has become possible to implement requirements for              
at sea processors to retain all of their pollock.  He stated that              
as mentioned by Mr. Bruce by the year 2003 it would be expanded to             
other fisheries.  He believed it was the state's intention to do               
this now so that in the year 2003 there would not need to be                   
another amendment.  He added that it is not a major problem for                
most of the onshore processors as they are already in compliance.              
                                                                               
Number 1150                                                                    
                                                                               
CHRIS BLACKBURN, testified via teleconference from Kodiak that Jeff            
Stephan, who could not testify, and herself both support HB 310, as            
it is important to stop waste.  She stated that we are in the year             
of the ocean, and in a time when people are concerned about the                
care of the ocean.  She explained that not only is HB 310 a way to             
make the fish come onshore, it is a great incentive for fisherman              
to avoid small fish.  She is already seeing larger mesh sizes and              
other changes in fishing practices to avoid bycatch.  She hoped                
that the state will take the advice of Mr. Lauber and pass the bill            
to be in compliance with the federal standards at the state level,             
as it would be terrible to see Alaska have less conservation than              
the federal government.                                                        
                                                                               
Number  1235                                                                   
                                                                               
REPRESENTATIVE OGAN made a motion to move HB 310 with individual               
recommendations and attached zero fiscal notes.                                
                                                                               
Number  1252                                                                   
                                                                               
CHAIRMAN AUSTERMAN asked if there was an objection, hearing none,              
HB 310 was moved out of the House Special Committee on Fisheries.              
                                                                               

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