Legislature(2005 - 2006)CAPITOL 124

02/09/2005 08:30 AM House FISHERIES


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08:35:18 AM Start
08:35:56 AM HB26
09:11:49 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 26 SHORT-TERM COM FISHING CREWMEMBER LICENSE TELECONFERENCED
Heard & Held
HB 26 - SHORT-TERM COMMERCIAL FISHING CREWMEMBER LICENSE                                                                      
                                                                                                                                
CO-CHAIR LEDOUX announced  that the only order  of business would                                                               
be HOUSE BILL  NO. 26, "An Act relating  to short-term commercial                                                               
fishing  crewmember  licenses;  and providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
8:35:56 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  THOMAS moved  [to adopt  CSHB 26,  Version 24-LS0181\G,                                                               
Utermohle,  2/4/05 as  the  working document].    There being  no                                                               
objections, Version G was before the committee.                                                                                 
                                                                                                                                
8:36:39 AM                                                                                                                    
                                                                                                                                
ADAM  BERG,  Staff to  Representative  Carl  Moses, Alaska  State                                                               
Legislature,  testified   on  behalf  of   Representative  Moses,                                                               
sponsor of  HB 26.  He  explained that HB 26  allows the purchase                                                               
of one-day or three-day  short-term commercial fishing crewmember                                                               
licenses.   Currently  a  yearlong license  is  the only  license                                                               
available,  costing   $60  for  a   residents  and  $180   for  a                                                               
nonresident; HB 26 sets the  short-term license prices at $30 for                                                               
a one-day license and $50  for a three-day license [regardless of                                                               
residency].    Mr.  Berg  stated  that  the  proposed  short-term                                                               
licenses  would  help  commercial  fishermen by  giving  them  an                                                               
opportunity  to charge  tourists  to come  work  on a  commercial                                                               
fishing boat  and "see the  Alaska fishing industry up  close and                                                               
hands-on".  He  said that the bill also helps  fishermen who need                                                               
temporary,  short-term help  by allowing  relatives, visitors  to                                                               
Alaska, or  friends to  assist on  a short-term  basis in  a more                                                               
affordable way.                                                                                                                 
                                                                                                                                
8:38:03 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS referred to Section [3] which read as follows:                                                                  
                                                                                                                                
     During the  period for  which the  license is  valid, a                                                                    
     person who  holds a one-day crewmember  fishing license                                                                    
     or  a  three-day  crewmember fishing  license  may  not                                                                    
     engage in fishing with a  rod and reel while present on                                                                    
     a commercial fishing vessel.                                                                                               
                                                                                                                                
CO-CHAIR THOMAS stated, "I was  under the impression, even when I                                                               
was on board, that I could not  legally jig for fish unless I had                                                               
sport license. ... Have I been wrong for 35 years?"                                                                             
                                                                                                                                
MR. BERG responded,  "I don't know all the details  of this."  He                                                               
explained that  [this sentence] is  geared toward the  hand troll                                                               
fleet  in southeast.   He  said, "Charter  operators were  really                                                               
worried about  people going out on  a hand troller where  you can                                                               
fish with  rods.  They  were worried  about people trying  to get                                                               
around king salmon  stamps.  They were  worried about allocations                                                               
between commercial and sport on the king and coho fishing."                                                                     
                                                                                                                                
8:39:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ELKINS  asked if  a boat  [operator] would  need a                                                               
six-pack license.                                                                                                               
                                                                                                                                
MR. BERG  replied in the  affirmative and  added that a  boat for                                                               
hire  needs  to  meet  a   number  of  Coast  Guard  requirements                                                               
including:  possessing a  six-pack  [or  operator's] license,  be                                                               
enrolled  in  some  type  of  drug-testing  operation,  and  have                                                               
additional  flotation  devices.   He  said  that insurance  isn't                                                               
required but strongly recommended.                                                                                              
                                                                                                                                
8:40:15 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX asked  if this  would cause  safety concerns  by                                                               
encouraging  people  to  go  out fishing  who  have  [no  boating                                                               
experience].                                                                                                                    
                                                                                                                                
MR. BERG  replied that it  is the  permit-holder's responsibility                                                               
to evaluate  the [level of  experience] of tourists  boarding the                                                               
boat.    He  said,  "Since  profit  is  always  your  bottom-line                                                               
commercial fishing,  I think that  most fisherman ...  would make                                                               
sure  these people  weren't  going  to be  a  hindrance to  their                                                               
operation."                                                                                                                     
                                                                                                                                
8:41:05 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX remarked that she  has received comments from her                                                               
community [Kodiak] stating that a  one-day or a three-day license                                                               
isn't  long enough  due  to weather  delays.   She  asked if  the                                                               
sponsor would mind if the bill  was changed to allow for a three-                                                               
day and a five-day license instead of the shorter licenses.                                                                     
                                                                                                                                
MR. BERG replied that the sponsor wouldn't mind such changes.                                                                   
                                                                                                                                
REPRESENTATIVE  WILSON commented  that some  of her  constituents                                                               
have voiced  concern that  short-term crewmember  license holders                                                               
would be  allowed to  fish with  a rod and  reel on  a commercial                                                               
boat, so she appreciated the adjustments that were made.                                                                        
                                                                                                                                
8:42:15 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  [made a motion  to adopt Conceptual  Amendment 1                                                               
in which the  words in Section 3 on page  2 reading "one-day" are                                                               
changed  to "three-day"  and the  words in  Section 3  on page  2                                                               
reading "three-day" are changed to  "five-day".  No objection was                                                               
stated and the amendment was treated as adopted.]                                                                               
                                                                                                                                
CO-CHAIR LEDOUX turned to public testimony.                                                                                     
                                                                                                                                
8:44:06 AM                                                                                                                    
                                                                                                                                
BRUCE   GABRYS,  Vice   President,   United   Cook  Inlet   Drift                                                               
Association,  stated  that  he  has   been  a  Cook  Inlet  Drift                                                               
fisherman for 20 years.  He  commented that he is pleased with HB
26.    He said  that  during  the  peak  of the  fishing  season,                                                               
fishermen often pick up crew who  work for only a few days; "This                                                               
[bill]  provides an  affordable  method for  us  to provide  that                                                               
additional crew."   He added  that drift fishermen are  now icing                                                               
and bleeding  fish onboard, and  during the heavy runs  that work                                                               
requires extra  hands.  In regard  to the safety issues,  he said                                                               
fishermen  are  already  picking  up  short-term  crew,  and  the                                                               
skipper is  responsible to assess  the safety and skills  of that                                                               
crew.                                                                                                                           
                                                                                                                                
8:45:34 AM                                                                                                                    
                                                                                                                                
MR. GABRYS  stated that currently  visitors onboard  a commercial                                                               
fishing boat  cannot participate or  even touch a fish  "and that                                                               
really diminishes  the experience  for them."   He  comments that                                                               
this  bill  would  provide  an affordable  way  for  visitors  to                                                               
participate in the fishery.                                                                                                     
                                                                                                                                
MR. GABRYS noted that the effective  date for the bill is July 1,                                                               
2005, and  commented that  he would like  the licenses  to become                                                               
available by  or before  then because  he has  relatives visiting                                                               
him  this  summer   whom  he  would  like  to   afford  them  the                                                               
opportunity of going commercial fishing.                                                                                        
                                                                                                                                
MR. GABRYS said that the addition  of the "rod and reel" sentence                                                               
to the bill was a good change.   He said that he also agreed with                                                               
the extension  of the license  term to  three to five  days; that                                                               
would provide some weather flexibility.   He remarked that he was                                                               
disappointed with the  cost of the short-term  licenses; he would                                                               
prefer that  the [proposed]  three-day license  cost $15  and the                                                               
five-day license cost $30.                                                                                                      
                                                                                                                                
8:48:07 AM                                                                                                                    
                                                                                                                                
ROLAND  MAW,   Executive  Director,   United  Cook   Inlet  Drift                                                               
Association,  complemented Representative  Moses for  HB 26.   He                                                               
noted  that this  bill was  before  the committee  last year  and                                                               
there were concerns; he said that he  is glad to see that some of                                                               
the unforeseen consequences  dealing with the rod  and reel issue                                                               
in the southeast have been accommodated.   He said that he thinks                                                               
the current bill is better than last year's similar bill.                                                                       
                                                                                                                                
MR. MAW  remarked that setnetters,  drifters, and seiners  in the                                                               
Upper Cook  Inlet are involved  in the Kenai Wild  program, which                                                               
involves icing  and bleeding fish  at the  point of harvest.   He                                                               
said  that this  [level  of  care for  the  fish]  makes quite  a                                                               
difference  in the  price that  the  fishermen are  paid for  the                                                               
fish.   He  said that  there are  four grades  of fish:  premium,                                                               
choice, select,  and standard.   He  explained that  the standard                                                               
fish were  previously known  as "number  ones", so  the fishermen                                                               
are  "actually  trying to  put  into  the marketplace  three  ...                                                               
grades of  fish higher than  the old  number one".   He commented                                                               
that this  means the  fish have  to go  immediately from  the net                                                               
into a  slush or  icing, or they  have to be  bled, and  that all                                                               
takes  time  and  effort.    He explained  that  usually  at  the                                                               
beginning and end of runs, having  two or three people onboard is                                                               
adequate, but  during the peak of  the run many boats  are unable                                                               
to  accommodate the  Kenai  Wild  program due  to  lack of  crew.                                                               
Therefore at  the peak  of the  run the captain  may need  to add                                                               
another  crewmember or  two to  handle the  fish to  maintain the                                                               
quality of  the fish.   He concluded  that having the  ability to                                                               
add another  crewmember for a  few days is an  important economic                                                               
issue for the drift fleet, and possibly the beach sites as well.                                                                
                                                                                                                                
MR.  MAW noted  that many  fishermen have  people on  board their                                                               
boats  quite often  and he  stated that  the experience  of these                                                               
people  would be  improved  if they  could help.    He said  that                                                               
currently a  person without a  crewmember's license  cannot tough                                                               
the rigging on the boat and can't  even tie the boat to the dock,                                                               
so the short-term license would give fishermen some relief.                                                                     
                                                                                                                                
8:52:13 AM                                                                                                                    
                                                                                                                                
MR. MAW commented  that a lot of boats' skippers  have U.S. Coast                                                               
Guard  certification, 100-ton  masters  licenses, insurance,  and                                                               
emergency position  indicating radiobeacons (EPIRBS).   He stated                                                               
that he  also supports the  amendment to allow for  three-day and                                                               
five-day licenses.   He referred to  Section 5 of the  bill which                                                               
read in part:                                                                                                                   
                                                                                                                                
         The Department of Fish and Game may collect an                                                                         
      additional administrative fee of $3 for each one-day                                                                      
     or three-day crewmember fishing license                                                                                    
                                                                                                                                
MR. MAW  asked if  this $3  was in  addition to  the $30  and $50                                                               
license fees, or it the fees included the $3.                                                                                   
                                                                                                                                
MR. BERG  replied that  the $3  fee is an  add-on just  for 2005,                                                               
assuming that  the effective date  is during this  calendar year.                                                               
The  crewmember licenses  have  already been  sent  out to  their                                                               
vendors,  so  the $3  is  an  administrative  cost to  help  [the                                                               
vendors] recover costs for the year.                                                                                            
                                                                                                                                
8:53:43 AM                                                                                                                    
                                                                                                                                
LARRY  CALVIN,  Sitka,  Alaska,  said that  he  is  a  commercial                                                               
troller  and the  owner of  the Fisherman's  Quay in  Sitka.   He                                                               
remarked that he has no interest  in charging anyone to take them                                                               
out  fishing;  he  is, however,  interested  in  the  educational                                                               
possibilities of the bill.  He said:                                                                                            
                                                                                                                                
     I would  encourage passage of  this bill that  would be                                                                    
     one  small   step  in  the  very   difficult  trail  of                                                                    
     educating the general population  in the nuances of the                                                                    
     salmon  industry.   Allowing  people  to have  hands-on                                                                    
     experience of  catching, cleaning, and icing  down fish                                                                    
     is an  occasion they  will never  forget and  will pass                                                                    
     their new insight on to  others.  My commercial fishing                                                                    
     [began] ... 56  years ago.  I've been  involved in some                                                                    
     degree through  the years.   I no longer fish  hard and                                                                    
     long  hours,  but I  do  enjoy  taking people  out  and                                                                    
     educating  them in  the different  types of  salmon and                                                                    
     the  proper care  ... to  provide  quality fresh  fish.                                                                    
     This  section  of bill  26  will  be  an asset  to  our                                                                    
     industry  and  provide  a  great  experience  for  many                                                                    
     people.                                                                                                                    
                                                                                                                                
8:55:21 AM                                                                                                                    
                                                                                                                                
ERIC JORDAN, Sitka,  Alaska, stated that he is  a lifelong Alaska                                                               
resident and  has been involved  in the commercial  fisheries his                                                               
whole life.  He noted that he  has also done a little guiding and                                                               
a lot of sport fishing.  He said:                                                                                               
                                                                                                                                
     I  really want  to thank  Representative Moses  and his                                                                    
     staff, particularly  his aide,  Adam Berg,  for working                                                                    
     with  me.    I  had  some  concerns  about  this  bill,                                                                    
     particularly  in regard  to the  loophole it  opened up                                                                    
     for use  of rod and  reel, especially in  the southeast                                                                    
     hand troll fisheries to  basically circumvent the needs                                                                    
     to  buy sport  fish licenses  and also  the sport  fish                                                                    
     limits.   And I think the  language that Representative                                                                    
     Moses  and  Adam have  worked  out  really solves  that                                                                    
     problem and  I greatly  appreciate it.   I  support the                                                                    
     bill as  written.   I have  a couple  of comments.   In                                                                    
     Southeast Alaska, in our  high quality troll fisheries,                                                                    
     the duration of our trips  is usually ... three to five                                                                    
     days, and  a three-day permit,  ... if we're  out four-                                                                    
     days,  would not  allow a  person  to go  on one  trip,                                                                    
     whereas a five  or six day license or  even a seven-day                                                                    
     license  would permit  that.   So  you  might think  of                                                                    
     extending that  ..., something that  would allow  us to                                                                    
     take  people  for one  trip,  on  the duration  of  it.                                                                    
     Otherwise I really  like the bill; I like  what it does                                                                    
     on the educational aspect.   I'm really glad to see our                                                                    
     gillnet  friends  starting  to chill  and  bleed  their                                                                    
     fish; of  course we've been  doing that a long  time in                                                                    
     the troll  fishery.  I've  also been an educator  for a                                                                    
     long  time and  taking people  out to  see the  take we                                                                    
     take of our  high quality Alaska salmon  is nothing but                                                                    
     good  for  us.    So   I  think  this  bill  serves  to                                                                    
     accommodate  people,  ...  promotes our  industry,  and                                                                    
     educates the  public as to  the high quality  of Alaska                                                                    
     salmon.                                                                                                                    
                                                                                                                                
8:58:09 AM                                                                                                                    
                                                                                                                                
LIZ  CHASE,   Kenai,  Alaska,  stated  that   she  is  commercial                                                               
fisherman on  the Kenai Peninsula  and she  supports HB 26.   She                                                               
said that  for the last  five years she  has been running  a free                                                               
tour to  educate tourists on the  peninsula.  She said  that many                                                               
of them ask if they can come on  the boat but they can't, and she                                                               
has  to explain  the  high cost  of crew  licenses  to have  them                                                               
legally board  the boat.   She said  that she would  also support                                                               
having the short-term license extended to one week.                                                                             
                                                                                                                                
8:59:32 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX  closed  public  testimony  and  turned  to  the                                                               
committee for discussion.                                                                                                       
                                                                                                                                
REPRESENTATIVE WILSON commented that  in southeast a fishing trip                                                               
is often about seven days, so  it would be nice if the short-term                                                               
licenses covered that time.                                                                                                     
                                                                                                                                
CO-CHAIR LEDOUX  remarked that  the committee  might wish  to get                                                               
some input from Alaska Department of Fish and Game (ADF&G).                                                                     
                                                                                                                                
REPRESENTATIVE  SALMON  stated  that  since a  number  of  people                                                               
suggested  that  the  proposed short-term  license  be  extended,                                                               
perhaps the  committee should do so.   He said that  he thinks it                                                               
would  be good  experience  for the  children  [to go  short-term                                                               
fishing].                                                                                                                       
                                                                                                                                
9:01:09 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX asked  if there  was  anyone from  ADF&G at  the                                                               
meeting who would be available to comment.                                                                                      
                                                                                                                                
GERON  BRUCE,  Deputy  Director, Commercial  Fisheries  Division,                                                               
Alaska Department of Fish and Game, remarked:                                                                                   
                                                                                                                                
     This  bill  ...  would  provide some  benefits  to  the                                                                    
     commercial  fishing  industry  and  the  department  is                                                                    
     supportive  of anything  that  will  move the  industry                                                                    
     forward  towards  more   a  profitable  condition,  and                                                                    
     enhance appreciation for the  product that it produces.                                                                    
     ... We're  very supportive  of what the  legislation is                                                                    
     trying to accomplish.                                                                                                      
                                                                                                                                
MR.  BRUCE, in  response to  Representative LeDoux,  replied that                                                               
the department  doesn't have a  strong position on the  length of                                                               
the license.   He  noted that  he would  advise the  committee to                                                               
consider the cost of the  existing licenses and provide some kind                                                               
of balance.   If  it is  the legislature's  decision to  make the                                                               
license good for  seven days rather than three, he  said that the                                                               
department has no problem with it.                                                                                              
                                                                                                                                
9:02:39 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  asked if it  would be feasible to  have licenses                                                               
for three,  five, or  seven days.   Additionally, she  asked what                                                               
would happen if a trip lasted longer than anticipated.                                                                          
                                                                                                                                
MR.  BRUCE remarked  that  he  thought such  a  program would  be                                                               
difficult to administer by the  department, and some problems for                                                               
U.S. Fish and  Wildlife Protection too.  He stated  that he would                                                               
prefer  that the  committee set  a limit  that would  accommodate                                                               
most trips and have [a law] that is clear and consistent.                                                                       
                                                                                                                                
9:03:40 AM                                                                                                                    
                                                                                                                                
CO-CHAIR THOMAS  asked for  Mr. Bruce's  opinion of  having three                                                               
short-term   licenses:   three-day,   five-day,   and   seven-day                                                               
licenses.  When he goes fishing,  he explained, it takes at least                                                               
a day to get to and from a  fishing site, and five days would not                                                               
be enough to complete the trip.                                                                                                 
                                                                                                                                
MR. BRUCE stated that the  department will implement whatever the                                                               
legislature   decides.      He   remarked  that   it   could   be                                                               
administratively  complex  [to  have  three  different  types  of                                                               
short-term  licenses].   Because  the licenses  are sold  through                                                               
vendors,  the more  licenses  to be  sold, the  cost  rises.   He                                                               
recommended that,  from an  administrative standpoint,  the fewer                                                               
the options the better.                                                                                                         
                                                                                                                                
9:05:39 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  stated that she  is open to  considering another                                                               
amendment that would further change the lengths of the licenses.                                                                
                                                                                                                                
REPRESENTATIVE  ELKINS  suggested  that the  committee  make  the                                                               
following  conceptual amendment:  under  Section  3, add  another                                                               
option of  a seven-day  license for  a $75 fee.   This  way there                                                               
will be three options for short-term licenses.                                                                                  
                                                                                                                                
MR.  BRUCE stated  that the  department  could accommodate  three                                                               
options;  however,  he  pointed  out  that  the  annual  resident                                                               
crewmember  license is  $60, so  if a  short-term licenses  costs                                                               
more than that, a resident will not be interested in it.                                                                        
                                                                                                                                
CO-CHAIR  LEDOUX remarked  that  this  bill impacts  nonresidents                                                               
more than residents  since there isn't much of  a cost difference                                                               
for the residents.                                                                                                              
                                                                                                                                
CO-CHAIR THOMAS  commented that, during the  peak fishing season,                                                               
the locals are usually already  burned out and therefore captains                                                               
will  pick  up "somebody  that's  drifting  through town,  that's                                                               
backpacking  Alaska   and  wants   to  go   out  and   have  this                                                               
experience."                                                                                                                    
                                                                                                                                
9:08:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SALMON stated  that since  the annual  crewmember                                                               
license  costs $60,  it seemed  appropriate to  have a  seven-day                                                               
short-term  license  costing  $30.   He  commented  that  weather                                                               
delays can be problematic in Alaska.                                                                                            
                                                                                                                                
REPRESENTATIVE WILSON  said that  maybe there  could be  only one                                                               
short-term license option, and "if they  happen to go out one day                                                               
or  if they  happen to  go out  seven days,  that won't  make any                                                               
difference; that will  give them that option.   It would probably                                                               
be a lot  easier for [ADF&G] to administer, and  it would just be                                                               
easier all around."                                                                                                             
                                                                                                                                
CO-CHAIR THOMAS  opined that it would  be a good idea  to offer a                                                               
seven-day license for $35.                                                                                                      
                                                                                                                                
9:11:17 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX  withdrew  Conceptual Amendment  1  and  offered                                                               
Conceptual  Amendment 2  to  "change this  bill  to read,  'seven                                                               
days, $35'".   [HB 26 was  held over and Conceptual  Amendments 1                                                               
and 2 were not addressed at the subsequent committee meeting.]                                                                  

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