Legislature(2011 - 2012)CAPITOL 120

03/15/2011 05:00 PM House FISHERIES


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05:04:07 PM Start
05:04:35 PM Overview: Commercial Fisheries Entry Commission (cfec)
05:24:38 PM HB20
06:03:34 PM HB181
06:50:46 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Commercial Fisheries Entry Commission TELECONFERENCED
by Bruce Twomley, Chairman
*+ HB 20 PERSONAL USE FISHING PRIORITY TELECONFERENCED
Heard & Held
*+ HB 181 COMMERCIAL FISHING CREWMEMBER STATISTICS TELECONFERENCED
Heard & Held
              HB 20-PERSONAL USE FISHING PRIORITY                                                                           
                                                                                                                                
5:24:38 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON  announced that  the next  order of business  would                                                              
be HOUSE  BILL NO.  20, "An  Act providing  for a  priority  for a                                                              
fishery   that   is   restricted   to   residents   when   fishing                                                              
restrictions are implemented to achieve a management goal."                                                                     
                                                                                                                                
5:28:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BILL STOLTZE, Alaska  State Legislature,  speaking                                                              
as the  prime sponsor, said  the intent of  the bill is  to ensure                                                              
local fish for subsistence users and local fisherman.                                                                           
                                                                                                                                
5:30:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN asked  for further discussion  regarding                                                              
the subsistence and  personal use definitions.  The  bill may need                                                              
to have the language clarified.                                                                                                 
                                                                                                                                
REPRESENTATIVE   STOLTZE   indicated   that   the   personal   and                                                              
subsistence use terms  have been used interchangeably  in the bill                                                              
to ensure that Alaskans are served.                                                                                             
                                                                                                                                
5:33:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON referred  to  the back-up  material in  the                                                              
committee  packet  and asked  for  comment  on whether  this  bill                                                              
effectively handicaps the BOF.                                                                                                  
                                                                                                                                
REPRESENTATIVE STOLTZE  said no, and  opined that the BOF  will be                                                              
better  served  because  the bill  neutralizes  biases,  clarifies                                                              
political  facets,  and  removes perceived  handcuffs  for  making                                                              
policy decisions.   He reported  that, during the last  BOF cycle,                                                              
a measure  was introduced  to restrict  the dip net  authorization                                                              
to 10 fish  per family, and,  also, litigation has been  lodged by                                                              
fishery associations  to eliminate personal use dip  net fisheries                                                              
altogether.   An estimated  100,000 Alaskans  participate  in this                                                              
fishery,  and it  should  be prioritized  for  Alaskans first,  he                                                              
opined.                                                                                                                         
                                                                                                                                
5:36:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN  recalled that a statute,  or regulation,                                                              
may  exist, which  establishes  a priority  for  the personal  use                                                              
fishery.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  STOLTZE  offered to  provide  that information  to                                                              
the committee.                                                                                                                  
                                                                                                                                
5:37:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON   said  intercept  debates   occur  in  the                                                              
district  he  represents,  and   asked  whether  HB  20  addresses                                                              
intercept fisheries.                                                                                                            
                                                                                                                                
REPRESENTATIVE STOLTZE  stated his belief  that the bill  may help                                                              
the  situation   on  the   Yukon  River   and  similar   intercept                                                              
fisheries.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HERRON  restated,  and said  that  the  escapement                                                              
grounds  are  up-river   from  the  personal  use   fisheries  and                                                              
commercial  fisheries occur  further  down river.    He asked  how                                                              
escapement  can be achieved  under those  circumstances,  and does                                                              
the bill modulate that type of multiple uses.                                                                                   
                                                                                                                                
REPRESENTATIVE  STOLTZE stated  his  belief that  the bill  allows                                                              
ADF&G the  appropriate latitude  to ensure  that escapement  goals                                                              
are achieved.                                                                                                                   
                                                                                                                                
5:41:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER queried  what agency  would have  authority                                                              
for making the decisions called for in the bill.                                                                                
                                                                                                                                
REPRESENTATIVE  STOLTZE  replied   that  the  regional  department                                                              
biologist  determines whether  escapement is  being attained,  and                                                              
it appears  that, currently,  the decisions are  made too  late to                                                              
benefit the personal use fisheries.                                                                                             
                                                                                                                                
5:43:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN  questioned  whether the  bill  language                                                              
protects the resource specifically for Alaskan residents.                                                                       
                                                                                                                                
REPRESENTATIVE  STOLTZE  agreed   that  clarity  may  need  to  be                                                              
considered, and "resident" may not be the best term.                                                                            
                                                                                                                                
5:45:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  predicted that  when  HB  20 becomes  law                                                              
there will be a lawsuit.                                                                                                        
                                                                                                                                
REPRESENTATIVE  STOLTZE  pointed out  that  lawsuits have  already                                                              
been  filed  by  Cordova  United  Fisherman,  based  on  residency                                                              
criteria.  Therefore, the battle has already begun.                                                                             
                                                                                                                                
5:47:00 PM                                                                                                                    
                                                                                                                                
CHARLIE  SWANTON,   Director,  Division  of  Sport   Fish,  Alaska                                                              
Department  of   Fish  and  Game   (ADF&G),  said  the   issue  is                                                              
contentious  regarding  fisheries  resources,  and  reported  that                                                              
perhaps  55  personal  use  fisheries   exist  across  the  state,                                                              
ranging from the  harvest of salmon to shellfish.   To a committee                                                              
question,  he said  the department  has a neutral  position  on HB
20.                                                                                                                             
                                                                                                                                
5:49:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  noted  that  the bill  language  takes  an                                                              
affirmative stance  and asked whether the department  will be able                                                              
to maintain a neutral position.                                                                                                 
                                                                                                                                
MR.   SWANTON  stated   his  belief   that   the  department   has                                                              
historically done  a reasonably good job of managing  the personal                                                              
use fisheries  while meeting  escapement objectives  and providing                                                              
opportunities  for the  co-existence of  multiple fisheries  under                                                              
the current regimen.                                                                                                            
                                                                                                                                
5:52:53 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON  observed that if there  is a restriction  due to a                                                              
declining  run, it  could require  a larger  escapement to  ensure                                                              
that the  personal use fishery would  be fulfilled, and  asked for                                                              
comment.                                                                                                                        
                                                                                                                                
MR. SWANTON responded:                                                                                                          
                                                                                                                                
     It certainly  could manifest  itself in that  framework.                                                                   
     It  just depends  on the  fishery,  how it's  configured                                                                   
     and  where  the  personal  use  fishery  fits  into  the                                                                   
     stream of various uses.                                                                                                    
                                                                                                                                
5:54:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  if  it is  consistent  with  every                                                              
fishery that, when  restrictions are implemented,  the priority is                                                              
always adhered to in order to achieve management goals.                                                                         
                                                                                                                                
MR. SWANTON  replied that  meeting established escapement  numbers                                                              
is the primary goal.                                                                                                            
                                                                                                                                
5:55:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON requested  that  the  department provide  a                                                              
position on HB 181, rather than remaining neutral.                                                                              
                                                                                                                                
5:58:05 PM                                                                                                                    
                                                                                                                                
BEN MULLIGAN,  Legislative  Liaison, Alaska  Department of  Fish &                                                              
Game,  offered that  discussions  have  occurred  and an  official                                                              
position can be brought to the committee, upon request.                                                                         
                                                                                                                                
CHAIR  THOMPSON asked  that  a written  response  be  made to  the                                                              
committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  AUSTERMAN indicated  that this  is a policy  issue                                                              
for  the   legislature,   providing  a  directive   to  the   BOF,                                                              
regardless of whichever position the department holds.                                                                          
                                                                                                                                
6:01:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STOLTZE  indicated  that  there will  be  a  large                                                              
number of  Alaskans who will  testify on HB  20.  He called  for a                                                              
deliberative  committee process  for crafting  the bill,  and said                                                              
he would  like to avoid an  initiative process from  constituents;                                                              
cautioning that pent up frustration surrounds the issue.                                                                        
                                                                                                                                
CHAIR THOMPSON announced that HB 20 would be held over.                                                                         
                                                                                                                                
The committee took a brief at-ease at 6:03 p.m.                                                                                 
                                                                                                                                

Document Name Date/Time Subjects
HB 181 - Version B.pdf HFSH 3/15/2011 5:00:00 PM
HB 181
HB 181 - Sponsor Statement.pdf HFSH 3/15/2011 5:00:00 PM
HB 181
HB 181 - Seafood Harvesting Labor Data - Final Report - 2007.pdf HFSH 3/15/2011 5:00:00 PM
HB 181
HB 181 - Crew Data Study Results ADF&G-Wostmann & Associates.pdf HFSH 3/15/2011 5:00:00 PM
HB 181
HB 181-DFG-CFD-03-11-11.pdf HFSH 3/15/2011 5:00:00 PM
HB 181
CFEC - Annual Report - 2009.pdf HFSH 3/15/2011 5:00:00 PM
HB 20 - Sponsor Statement.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Alaska Statute 16.05.251 - Board of Fisheries.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Chitina Dipnetters Association Ltr - Support.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - A Crookston Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Alaska Trollers Association Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Berry Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Black Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Campbell Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Cordova District Fishermen United Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Mickelson Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Mykland Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - P Crookston Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Phillips Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Southeast Alaska Fishermen’s Alliance Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - T Crookston Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - DFG-CO-03-11-11.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 20 - Petersburg Vessel Owners Association Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20
HB 181 - United Fishermen of Alaska Ltr - Support.pdf HFSH 3/15/2011 5:00:00 PM
HB 181
HB 181 - Dept of Law Memorandum - 7-24-08.PDF HFSH 3/15/2011 5:00:00 PM
HB 181
HB 20 - United Fishermen of Alaska Ltr - Oppose.pdf HFSH 3/15/2011 5:00:00 PM
HB 20