Legislature(2023 - 2024)GRUENBERG 120

03/30/2023 10:00 AM House FISHERIES

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Audio Topic
10:00:53 AM Start
10:01:22 AM HB19
10:25:08 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 19 REGISTRATION OF BOATS: EXEMPTION TELECONFERENCED
Heard & Held
-- Public Testimony --
            HB  19-REGISTRATION OF BOATS: EXEMPTION                                                                         
                                                                                                                                
10:01:22 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE  announced that the  only order of business  would be                                                               
HOUSE  BILL  NO. 19  "An  Act  relating  to the  registration  of                                                               
commercial vessels; and providing for an effective date."                                                                       
                                                                                                                                
10:02:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STUTES,  prime  sponsor, reintroduced  HB  19  as                                                               
requested by Chair Vance, and  very briefly paraphrased the first                                                               
few  paragraphs  of  the  sponsor   statement  [included  in  the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     House  Bill   28  exempts  active   commercial  fishing                                                                    
     vessels  from   duplicative  registration  requirements                                                                    
     created by the  passage of SB 92,  "the derelict vessel                                                                    
     bill," in 2018.                                                                                                            
                                                                                                                                
     Specifically,  the  bill  removes the  requirement  for                                                                    
     U.S.  Coast  Guard  (USCG) documented  vessels  with  a                                                                    
     current  Commercial Fisheries  Entry Commission  (CFEC)                                                                    
     license  to   register  every  three  years   with  the                                                                    
     Division of Motor Vehicles (DMV).                                                                                          
                                                                                                                                
     Prior to the passage of  SB 92, USCG documented vessels                                                                    
     were  exempt  from   DMV  registration;  however,  that                                                                    
     exemption was  repealed by  the bill  and as  a result,                                                                    
     documented vessels now must register with the DMV.                                                                         
                                                                                                                                
10:03:02 AM                                                                                                                   
                                                                                                                                
DONNA  PAGE, Staff,  Representative Louise  Stutes, Alaska  State                                                               
Legislature, on  behalf of  Representative Stutes,  prime sponsor                                                               
of  HB  19,  paraphrased  the   rest  of  the  sponsor  statement                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     The rationale  for this requirement was  to provide the                                                                    
     State and local  municipalities with a state-maintained                                                                    
     database of  who owns and  operates vessels  in Alaskan                                                                    
      waters, as well as how to contact those individuals.                                                                      
     However,  the database  CFEC  maintains for  commercial                                                                    
     fishing  vessels  was   overlooked.  Active  commercial                                                                    
     fishing vessel  owners must renew their  vessel license                                                                    
     annually with the CFEC and  the commission provides the                                                                    
     necessary   contact    information   in    a   publicly                                                                    
     accessible, state database.                                                                                                
                                                                                                                                
     Alaska's commercial  fishing fleet  is the  backbone of                                                                    
     one  of our  state's most  vital industries.  We should                                                                    
     not  require  those  vessels to  register  every  three                                                                    
     years  with the  DMV,  at additional  expense, only  to                                                                    
     provide information that the  State already has through                                                                    
     the vessel's annual license renewal process.                                                                               
                                                                                                                                
MS. PAGE  added that HB  19 will institute  an $8 annual  fee for                                                               
vessels   registered   with   The  Commercial   Fisheries   Entry                                                               
Commission (CFEC), but this fee  will be waived for vessel owners                                                               
who have  paid the  current $24  Division of  Motor Vehicles(DMV)                                                               
fee in the  past two years.   The proceeds of the $8  fee will go                                                               
towards funding boating safety programs,  and she emphasized that                                                               
it was not an additional fee for vessel owners.                                                                                 
                                                                                                                                
10:05:01 AM                                                                                                                   
                                                                                                                                
MS. PAGE presented the sectional  analysis for HB 19 [included in                                                               
the   committee  packet],   which  read   as  follows   [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section 1:                                                                                                                 
     Amends  AS  05.25.055(i)  to exempt  U.S.  Coast  Guard                                                                    
     (USCG) documented  vessels with a valid  license issued                                                                    
     by  the Commercial  Fisheries  Entry Commission  (CFEC)                                                                    
     from the  requirement to register with  the Division of                                                                    
     Motor Vehicles (DMV).                                                                                                      
                                                                                                                                
     Section 2:                                                                                                                 
     Adds new  subsection (e) to AS  16.05.475 that requires                                                                    
     CFEC  to  assess  an  $8   registration  fee  for  USCG                                                                    
     documented  vessels upon  a renewal  or  issuance of  a                                                                    
     license beginning  on January 1,  2024. This fee  is in                                                                    
     lieu  of  the  current   3-year,  $24  registration  or                                                                    
     renewal fee collected by DMV.                                                                                              
                                                                                                                                
     Adds  new subsection  (f)  to  AS 16.05.475  specifying                                                                    
     that  fees   collected  in   subsection  (e)   will  be                                                                    
     accounted  for as  provided in  AS 05.25.096(b),  to be                                                                    
     made  available to  the  Department of  Administration,                                                                    
     the  Department  of  Commerce  Community  and  Economic                                                                    
     Development, and the Department of Natural Resources.                                                                      
                                                                                                                                
     Section 3:                                                                                                                 
     Adds  a new  section  to uncodified  law that  requires                                                                    
     CFEC to  waive the $8  registration fee for  years that                                                                    
     USCG documented  vessels have already paid  through the                                                                    
     3-year, $24 registration fee with the DMV.                                                                                 
                                                                                                                                
     Section 4:                                                                                                                 
     Adds a  new section  to the  uncodified law  that makes                                                                    
     Section 1 of this act retroactive to January 1, 2023.                                                                      
                                                                                                                                
     Section 5:                                                                                                                 
     Establishes  an   immediate  effective  date   for  the                                                                    
     remainder of the bill.                                                                                                     
                                                                                                                                
                                                                                                                                
10:06:54 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE invited questions from the committee members.                                                                       
                                                                                                                                
REPRESENTATIVE  CARPENTER  inquired  about  the  purpose  of  the                                                               
retroactivity to the beginning of the year.                                                                                     
                                                                                                                                
REPRESENTATIVE STUTES  replied that  it was important  because it                                                               
allows  individuals  who  have already  paid  duplicate  fees  to                                                               
receive credit.                                                                                                                 
                                                                                                                                
10:08:00 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE proceeded with invited testimony.                                                                                   
                                                                                                                                
10:08:20 AM                                                                                                                   
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
10:09:48 AM                                                                                                                   
                                                                                                                                
TRACY  WELCH, Executive  Director,  United  Fisherman of  Alaska,                                                               
thanked Representative  Stutes and her  office for their  work on                                                               
HB  19,  especially their  work  with  the Department  of  Public                                                               
Safety  (DPS) to  make  sure boats  were not  being  fined.   She                                                               
explained that swift  action on this issue  was important because                                                               
currently, many  vessel owners have  been "exempt", but  DPS will                                                               
not be able  to "turn the other way" forever.   She believed that                                                               
HB 19 is a fair fix  to the problem and related her organizations                                                               
full support.                                                                                                                   
                                                                                                                                
CHAIR VANCE  asked Ms. Welsh to  give a real time  account of the                                                               
impact to the Alaskan fishing fleet when [SB 92] was passed.                                                                    
                                                                                                                                
MS. WELCH  related her  experience with some  of the  issues that                                                               
occurred at local DMVs with the  passage of SB 92.  This included                                                               
DMV's running out of the new  permit decals and having wait times                                                               
of up to 3-4 weeks  for appointments in some smaller communities.                                                               
Additionally, she  shared that even bigger  offices, like Juneau,                                                               
ran  out  of  stickers  quickly.     She  relayed  the  sense  of                                                               
uncertainty  among vessel  owners at  that time,  which she  said                                                               
still existed.   She reported that  DMVs are still facing  a lack                                                               
of  stickers  and  a  large  backlog of  permits  waiting  to  be                                                               
awarded.                                                                                                                        
                                                                                                                                
10:12:26 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MCCABE  asked whether  the CEFC database  could be                                                               
accessed by DPS.                                                                                                                
                                                                                                                                
10:13:11 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES  responded that  DPS can access  it through                                                               
the DMV, as they are both  state departments, but she deferred to                                                               
Commissioner  Haight about  whether  DPS has  CEFC  access.   She                                                               
reported that HB 19 started  as a request from the harbormaster's                                                               
office, which lead her to presume that access would be possible.                                                                
                                                                                                                                
10:13:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MCCABE  restated  his   question  about  the  two                                                               
databases being connected by  describing a hypothetical emergency                                                               
where  an  Alaska  State Trooper  (AST)  may  need  instantaneous                                                               
access to permit information.                                                                                                   
                                                                                                                                
10:14:25 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   STUTES    sought   clarification    on   whether                                                               
Representative  McCabe was  referring  to the  DMV  and the  CEFC                                                               
databases.                                                                                                                      
                                                                                                                                
REPRESENTATIVE MCCABE said yes.                                                                                                 
                                                                                                                                
REPRESENTATIVE  STUTES redirected  the  question to  Commissioner                                                               
Haight or the Division of Motor Vehicles (DMV).                                                                                 
                                                                                                                                
10:14:56 AM                                                                                                                   
                                                                                                                                
JEFFREY   SCHMITZ,   Director,   Division  of   Motor   Vehicles,                                                               
Department of  Administration (DOA),  answered no,  the databases                                                               
are not connected.                                                                                                              
                                                                                                                                
10:15:17 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MCCABE suggested that  since the databases are not                                                               
connected there  may be a  time delay for [DPS  agents] receiving                                                               
identifying information about a vessel during emergencies.                                                                      
                                                                                                                                
10:15:30 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES  inferred that in  order to enter  a permit                                                               
number into either  of the databases using  the physical sticker,                                                               
one would be reading it off  the stick itself, and therefore able                                                               
to decipher which  database to use depending on  which sticker is                                                               
on the vessel.                                                                                                                  
                                                                                                                                
10:15:57 AM                                                                                                                   
                                                                                                                                
GLENN   HAIGHT,   Commissioner,    Commercial   Fisheries   Entry                                                               
Commission (CFEC),  reported that  their database was  online and                                                               
[anyone]  can  access  license information  by  entering  in  the                                                               
number found on the decal.  They  have not had the database on an                                                               
app to  date, but  he informed  the committee  that the  CFEC has                                                               
submitted a  request to the  House Finance Committee  for funding                                                               
to make  that happen.  He  added that troopers were  usually able                                                               
to access the information before they went onto the water.                                                                      
                                                                                                                                
REPRESENTATIVE  MCCABE hypothesized  that due  to troopers  being                                                               
able to radio  into the base, the  number of times a  year that a                                                               
significant time  delay in information  would occur  was probably                                                               
insignificant.                                                                                                                  
                                                                                                                                
10:16:56 AM                                                                                                                   
                                                                                                                                
CHAIR   VANCE  asked   Representative  Stutes   to  clarify   the                                                               
difference between the DMV and CFEC stickers.                                                                                   
                                                                                                                                
10:17:09 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STUTES said the CFEC  stickers were required for a                                                               
commercial vessel  that was actively  taking place in  a fishery,                                                               
while  a DMV  sticker was  required for  a commercial  vessel not                                                               
actively in a fishery.  She  stated that the objective for having                                                               
two kinds of permits was to  keep track of all commercial vessels                                                               
to prevent  their owners from abandoning  a boat at a  harbor and                                                               
avoiding fees associated with abandonment and disposal.                                                                         
                                                                                                                                
10:18:34 AM                                                                                                                   
                                                                                                                                
BRIAN HAWKINS, Port Director/Harbormaster,  City of Homer; Alaska                                                               
Association  of Harbormasters  and  Port Administrators  (AAHPA),                                                               
testified  that he  and his  organization support  HB 19  and its                                                               
mission  to eliminate  duplicate  permitting.   He reported  that                                                               
because  ports  and harbors  have  access  to permit  information                                                               
through the state, a vessel  that was registered through the CFEC                                                               
process   meets   the   [AAHPA]  needs   for   vessel   ownership                                                               
information. He  further stated that  AAHPA has passed  their own                                                               
resolution that supports the exemption set forth in HB 19.                                                                      
                                                                                                                                
10:20:00 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   CARPENTER    inquired   about    the   technical                                                               
possibility of connecting the two databases.                                                                                    
                                                                                                                                
10:20:36 AM                                                                                                                   
                                                                                                                                
MR.  HAIGHT replied  that  it  might be  possible,  and that  the                                                               
CFEC's  Information  Technology  (IT) department  would  be  most                                                               
qualified to  answer that question,  but that the  CFEC regularly                                                               
worked  with law  enforcement and  that the  state troopers  were                                                               
very familiar with the CFEC's database.                                                                                         
                                                                                                                                
10:21:19 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE opened public testimony on HB 19.                                                                                   
                                                                                                                                
10:21:32 AM                                                                                                                   
                                                                                                                                
JERRY  MCQUINN, Cordova  District Fishermen  United, opined  that                                                               
[SB 92] is  troublesome for fisherman.  He said  that HB 19 fixes                                                               
the dual  registration issues, noting  that DMV permits  apply to                                                               
vessels   under  five   tons.     He  mentioned   that  duplicate                                                               
registration could be violating federal law.                                                                                    
                                                                                                                                
10:23:45 AM                                                                                                                   
                                                                                                                                
CHAIR VANCE closed public testimony on HB 19.                                                                                   
                                                                                                                                
CHAIR  VANCE  wished  to  look  into  the  possible  federal  law                                                               
violation due to duplicate registration  that Mr. McQuinn brought                                                               
up.  She  stated this may be something that  the committee wished                                                               
to highlight.                                                                                                                   
                                                                                                                                
CHAIR VANCE [announced that HB 19 would be held over.]                                                                          

Document Name Date/Time Subjects
HB 19 - Sponsor Statement version A.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - v.A.PDF HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Sectional Analysis Version A.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research USCG Documentation and Tonnage Brochure 1.25.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research DMV Registration FAQ - CFEC June, 2019 1.25.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research CFEC Vessesl License, Number Plate, and Decal 1.26.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research CFEC Vessel Licensing Forms 1.26.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research CFEC Public Database 1.25.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - DOA Fiscal Note.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - DNR Fiscal Note.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - ADF&G Fiscal Note.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - UFA Letter of Support.pdf HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - CDFU Letter of Support.pdf HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19