Legislature(2001 - 2002)
02/25/2002 03:52 PM House FSH
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 283-APPOINTMENTS TO BOARD OF FISHERIES CO-CHAIR WILSON said that the next matter before the committee would be HOUSE BILL NO. 283, "An Act relating to appointments to the Board of Fisheries and to the ex officio secretary of the Board of Fisheries." Number 1761 REPRESENTATIVE SCALZI moved to adopt CSHB 283, version 22- LS1083\L. There being no objection, Version L was before the committee. REPRESENTATIVE SCALZI said that the purpose of the bill was to have designated seats, similar to other resource boards. He said that potential board members would "have to pass the red- face test" in front of the legislature to prove their qualifications to serve. Representative Scalzi said that the changes in the proposed CS were a result of discussions from the previous meeting. He mentioned the discussion on a stronger subsistence representation. REPRESENTATIVE SCALZI gave a breakdown of the new makeup for the board in Version L. There would be two members with at least five years of commercial fishing throughout the state, engaged in the profession of commercial fishing in the state, and they would hold commercial fishery entry permits or interim use permits issued by the Commercial Fisheries Entry Commission (CFEC). Two members would have at least five year's experience in sport fishing, personal use fishing, or a commercial-sport operation, or combined experience in those activities, and would hold a sport or personal fishing licenses or permits. Two members would have to be recognized as representative of subsistence users with at least five years of active participation in subsistence fishing in the state. He said one member would be at-large, giving the governor some latitude for placing a designee on the board. Number 1595 REPRESENTATIVE SCALZI went through the makeup of five other boards in the state that deal with resources and gave some examples. He said that they shared a broad approach, with designated seats. He said he would like to see more discussion on the bill but urged it be moved to the House Resources Standing Committee. Number 1451 CO-CHAIR STEVENS asked what the thinking was in deleting the portion that designates the commissioner as the "ex officio secretary". REPRESENTATIVE SCALZI said that the deletion would be changed and apologized for not catching the mistake. He said that one public member was added and it was not his intent to take the commissioner out. Number 1256 PAUL SHADURA, Kenai Peninsula Fisherman's Association, testified via teleconference. He said his association has come before the committee "many times" to express its discontent with the Board of Fisheries process. He said that the board's convoluted process has destroyed the faith of Alaskan residents. Mr. Shadura said that the commercial fishing industry has no advocates, understanding, or justice on the Board of Fisheries. He told of a "two-week ordeal" with the Board of Fisheries concerning Cook Inlet issues. He read from his testimony at that meeting: I'm here before you now to tell you that the fishermen in Cook Inlet would like to be able to discuss solutions instead of being here debating who gets what and when. That is the reason that we cannot move forward. We have no regulatory stability. How can we as a business community plan and develop for the future if we are constantly re-regulated every year? What kind of game plan can we design when the rules are changed constantly? So let us just be honest, straightforward men and women. Why doesn't your body, the legislative hand of the state - and as administrative directors because you're all appointed by the governor - just say to us, "The State of Alaska does not want a commercial fishing industry in Cook Inlet, Alaska" or "The State of Alaska does not want to allow the commercial fishing industry in Cook Inlet a viable opportunity to harvest salmon." MR. SHADURA said that the board answered with actions that "destabilized and collapsed any hopes for the future." He said habitat concerns were disregarded, and the local users were relegated to the "backseat." He asked the committee to support the fisheries community, residents, and the heritage and lifestyle that make Alaska and Alaskans unique by supporting HB 283 in its original form. He said that he did not agree with the proposed CS and that it was not in line with the original intent. Number 1107 DON JOHNSON testified via teleconference. He said he did not support HB 283 because the "quota comparisons" "[smell] like an apples and oranges case." He said that fisheries are public trusts, unlike the examples given earlier by Representative Scalzi. He said it should be handled differently because it is a public issue. Mr. Johnson said that as far as the knowledge of board members, he did not have a problem with the current members' level of knowledge. Mr. Johnson told the committee that he did not think the process of the board was perfect, but he said that he had "reasonable faith" in it. He said that the current statute requires the governor to "select people with a diversity of interests and difference in points of views." He said that the bill takes the same consideration into its wording but also adds a "quota system" that defeats the goal of diversity. He said that the allocated seats only allow "basically three" viewpoints. He said he believes AS 16.05.221 is adequate and that the bill is not needed. Number 0836 FRANK LIBAL testified via teleconference. He said that he supports HB 283, and that he believes some of the problems that emanate from the board's decisions could be corrected. He said that he sees a problem in the current selection process for members of the Board of Fisheries. It is currently weighted strongly in favor of terminal fisheries advocates. He said as a saltwater sport troller and guide, his interests would be better served by board members with unprejudiced attitudes towards mixed-stock fisheries. He said this bill would provide a better representation of his interests. MR. LIBAL said that in his opinion, as board members continue to serve repeated terms on the board, the opportunity arises for individuals to promote their own personal agendas. Mr. Libal said that the reduction of resident king salmon limits to five per year was contrary to the wishes of the advisory board for the Cook Inlet area. These committees are elected representatives of the residents of Alaska. He said that when the advisory committees are disregarded, the citizens of Alaska are disenfranchised. He said that in effect, the Board of Fisheries stole a portion of the culture from coastal communities. Enacting term limits would prevent similar actions in the future. Number 0703 LANCE NELSON, Assistant Attorney General, Natural Resources Section Civil Division (Anchorage), Department of Law, testified via teleconference. He said that he was assigned to advise the Board of Fisheries in their meetings. He said the administration's concerns were largely addressed by Don Johnson's remarks. He said that the current board could easily be appointed by the system outlined in the proposed CS. He said that he was not sure if this bill would address concerns of those who are unhappy with the makeup of the current board. He also said that there could be seven commercial fishermen, five of which could also be sport fishermen, subsistence fishermen, or public members at large. He said that seat designations are not effective in building the best possible board. Designations are always in dispute because there are myriad types of commercial, sport, and subsistence fishing. He said board members should represent the entire public, not just certain constituencies. He said seven seats are not enough to represent all of the constituencies in the state. Number 0532 REPRESENTATIVE SCALZI asked, since the Board of Fisheries is set up by the legislature, and if it is the legislature's intent to have designated seats, would it not be consistent with the legislative process. MR. NELSON said it would be. He added that he was not taking issue with the legal issues of the bill. He said that he was addressing the policy issues. REPRESENTATIVE SCALZI said that it is very difficult to confirm a board member who does not "pass the red-face test" of meeting criteria to hold a seat. He gave the example of two sport- fishing seats. He said that he did not think the legislature would look at a commercial fisherman who holds a sport license as passing the red-face test to sit as a sport fish member. Number 0303 ROBERT HEYANO, Bristol Bay Economic Development Corporation (BBEDC), testified via teleconference. He said that BBEDC does not support HB 283. He said that the past and existing members of the board are knowledgeable in all fishery issues and that they support the current system of governor appointment and legislative approval of board members. Number 0188 NANCY HILLSTRAND testified via teleconference. She told the committee that she has witnessed the board process as a fisherman and processor in the state. She said that she has seen the demise of viable fisheries because of a past board's focus on allocation instead of biological complexity. Ms. Hillstrand said designated seats may be a good idea, but the fisheries are not simply an allocative process. The board needs to have a balance between conservation and development along with the expertise in working with joint boards, agencies, and others within the state. She said she has never seen a board work as hard as the present one at trying to balance the goals of development, utilization, and conservation. It has created a sustainable salmon policy, management plans for shellfish protection, and nearshore fisheries for local residents. She said that she is speaking from a statewide perspective. Ms. Hillstrand said she does not get everything she wants, but she said with such a complex issue, people cannot always get what they want. She called the process of managing the fisheries "complex." She listed many agencies and interests that must interact in order for fisheries to be managed properly. TAPE 02-5, SIDE A Number 0050 GERALD (JERRY) McCUNE, United Fishermen of Alaska (UFA), testified before the committee. He said that the UFA is not questioning the members of the board or their work ethic. He said that commercial fishermen are committed to be responsible to the resource, as is the board. He said that the UFA's frustration comes from its having put names forward for appointment on the board for the past eight years. In eight years there has only been one strong representative of the industry appointed. He said that commercial fishing is a "big use" and the UFA would like a strong voice on the board. He said sport fishing is a big use in some areas, but commercial fishing touches the state from Nome to Sitka. He said there is nobody on the board who has fished all over the state or has a sense of all the fisheries in the state. Number 0268 REPRESENTATIVE KERTTULA asked Mr. McCune what he thought about the possibility of having all seven members of the board being commercial fishermen. She asked if he thought it important to see the board "broadened out," not knowing who or what the policies of the next administration may be. MR. McCUNE said he was not sure what Lance Nelson was talking about in his statement that all seven members could be commercial fishermen. REPRESENTATIVE KERTTULA said that to her understanding, the concern was about sport fishers who are also holding limited entry permits. She said that it is a problem that is not specified, so all the members could be commercial fishermen as well as in the other categories. She asked if that was in the intent. Number 0415 MR. McCUNE said that the UFA was not happy "paring it down" to "two, two, two, one." He said that subsistence is already protected by regional federal subsistence boards. He said that the UFA would be open to limiting the sport fish seats to those who do not hold a limited entry permit. Number 0520 CO-CHAIR STEVENS asked about the issue of term limits. He said that to his understanding, one could be appointed, serve, leave the board, and then return and serve again later. MR. McCUNE said that six years would provide diversity to the board and give enough time for a member to "get their feet wet." He said that it would not preclude a person from coming back to the board after a period of being off of the board. REPRESENTATIVE KERTTULA asked about the average length of a term on the board and what the longest term was. MR. McCUNE said that the longest was a 20-year term. He said that the average term depends on the governor. Number 0726 REPRESENTATIVE SCALZI said that he would like to move the bill out of committee because it is a work in progress. He said he would like to move the [Version L] to the House Resources Standing Committee and take more public comment. He said that he would not have a problem with adding language assuring that commercial fishermen were not appointed to the board for a sport fish seat. He went back to his assertion that the legislature would not appoint members who did not pass the red-face test. Number 0886 REPRESENTATIVE KERTTULA said that her other concern was whether the bill would preclude people who had been active fishermen but just recently quit. REPRESENTATIVE SCALZI said that it was not his original intent, but after the UFA met, they specified that they wanted current fishermen. He said that it was unfortunate to lose the pool of knowledge that members who no longer fished could bring to the table, but he added that he went with what the UFA asked for. REPRESENTATIVE KERTTULA proposed perhaps including those who had fished within the past ten years for consideration. Number 0963 CO-CHAIR STEVENS made a motion to move CSHB 283, version 22- LS1083\L, out of committee with individual recommendations and a zero fiscal note. Number 0975 REPRESENTATIVE COGHILL objected to make sure there was a vote. He said he had some concerns about the language on the makeup of the board. A roll call vote was taken. Representatives Scalzi, Dyson, Kerttula, Stevens, and Wilson voted to move Version L out of committee. Representative Coghill voted against moving it. Therefore, CSHB 283 (FSH) was reported out of the House Special Committee on Fisheries by a vote of 5 - 1.
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