Legislature(1995 - 1996)
02/06/1995 08:08 AM House RES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HRES - 02/06/95
Number 121
HB 113 - REPORTS BY OUT OF STATE FISHING VESSELS
PETER ECKLUND, AIDE, REPRESENTATIVE BILL WILLIAMS, PRIME SPONSOR,
stated HB 113 will give the Board of Fish the authority to adopt
regulations concerning foreign fishing vessels transiting or in
state waters. He said HB 113 would allow the board to require
foreign fishing vessels to report to the ADF&G the quantity,
species, and origin of fish on board.
MR. ECKLUND explained HB 113 will assist the ADF&G in their effort
to collect data on the state's border fisheries. HB 113 could
provide ADF&G with additional in-season management data, providing
the state with some significant and timely information that was
previously unavailable to the state's fisheries managers. He said
HB 113 will also help protect the state's interest by deterring
potential illegal fishing in the state's waters. He noted that
section two of HB 113 directs the Board of Fish to consider for
adoption, before May 1996, the provisions of HB 113 concerning
foreign fishing vessels present in or transiting the waters of
Southeast Alaska. He urged the committee to support HB 113.
MR. ECKLUND indicated that when HB 113 was heard in the Fisheries
Committee, Representative Ogan asked about a fiscal impact on the
Department of Public Safety. Mr. Ecklund contacted that department
and was told verbally that the department would have a zero fiscal
note.
REPRESENTATIVE JOE GREEN wondered, in light of the zero fiscal
notes, if there will be a method of getting cooperation from the
foreign vessels.
MR. ECKLUND responded HB 113 will enable the Board of Fish to set
up requirements and regulations regarding Canadian or foreign
fishing vessels reporting origin, species, and quantity on board.
He explained there has been a dramatic increase in Canadian
trawlers in the Dixon Entrance, in southern Southeast Alaska.
These trawlers fish during the day, come into Alaska waters and
anchor up at night, and then go back to Canadian waters during the
day. He stated ADF&G, the Department of Public Safety and other
departments affected will be involved in writing the regulations,
if the Board of Fish decides to pursue this area.
Number 172
GERON BRUCE, REPRESENTATIVE, ADF&G, stated ADF&G would be involved
in adopting the regulations which HB 113 would enable. He said
most likely, ADF&G would have minimal activity and would probably
just set up a record-a-phone and the regulations would require the
Canadian or foreign vessels who are coming into the state's waters
to anchor, report in and have their catches enumerated on a
recorded message. He stated in regard to enforcement, ADF&G does
have some current activity associated with the state's fisheries in
the Dixon Entrance area as does the Department of Public Safety.
He explained as resources permitted, they could perform spot checks
in the course of their routine operations.
REPRESENTATIVE SCOTT OGAN asked if ADF&G supports HB 113.
MR. BRUCE said ADF&G supports HB 113 and would attempt to put a
program in place if the Board of Fisheries so directed.
REPRESENTATIVE KOTT asked if there were any international
implications with HB 113.
MR. BRUCE responded the department is working intensely with the
Canadian government within the Pacific Salmon Commission arena,
which is the body that implements the Pacific Salmon Treaty. In
addition, George Utermohle, legislative attorney, has prepared a
legal opinion on the legality of HB 113 which says as long as the
provision is directed at protecting the state's resources, he
believes it would be a legal exercise of state authority.
Number 215
REPRESENTATIVE KOTT asked if the state is already regulating
Canadian vessels from the state's perspective, through another
which would give some precedence.
MR. BRUCE replied in regard to fisheries he did not believe the
state is. He said the area being discussed (Dixon Entrance) is a
unique situation which was brought about because the boundary area
is disputed and Canadians are fishing closer to Alaska than they
are to their own home port. He stated the state does not allow
fishing by foreign vessels in Alaska's waters and therefore are not
regulating them.
MR. ECKLUND said according to the drafting attorney, as long as the
state enacts the legislation primarily to protect the state's
interest by deterring potential illegal fishing in the state's
waters, the attorney believes that simply asking Canadian or
foreign fishing vessels to report the amount and species of fish
they have on board is not much of a hindrance and is within the
state's right.
CO-CHAIRMAN GREEN made a MOTION to place HB 113 before the
committee.
CO-CHAIRMAN WILLIAMS asked if there were any objections. Hearing
none, the MOTION PASSED.
CO-CHAIRMAN GREEN questioned if HB 113 would impact other areas in
the state.
MR. ECKLUND replied HB 113 only allows the Board of Fish to set up
requirements regionally. If the board chose to set up requirements
for only southern Southeast Alaska, they can do that. He said
HB 113 does not bind the board to set up regulations statewide.
Number 267
REPRESENTATIVE KOTT asked if HB 113 passes, what would be the
penalty if a commercial foreign vessel does not report in.
MR. BRUCE replied it would be a misdemeanor under Title 16.
REPRESENTATIVE KOTT felt the penalty should be stiffer.
REPRESENTATIVE KOTT made a MOTION to MOVE HB 113 out of committee
with individual recommendations.
CO-CHAIRMAN WILLIAMS asked if there were any objections to the
motion. Hearing none, the MOTION PASSED.
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