Legislature(2001 - 2002)
03/15/2002 01:09 PM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 462-CONFIDENTIALITY OF FISHING RECORDS CO-CHAIR SCALZI announced the first order of business, HOUSE BILL NO. 462, "An Act relating to the release of certain confidential records and reports concerning fishing, fish buying, or fish processing; and providing for an effective date." [There was a motion to adopt HB 462 as the working document, but it was already before the committee.] Number 0120 REPRESENTATIVE STEVENS, speaking as sponsor of HB 462, explained that the bill "cleans up" several problems; it also provides several changes in regard to releasing certain types of information held as confidential by the Alaska Department of Fish and Game (ADF&G) and the Commercial Fisheries Entry Commission (CFEC). That is information that has been received by the fishermen, fish buyers, and fish processors. The bill clarifies that upon request, reports of certain information that has been submitted by fishermen, fish buyers, or processors can be provided back to the person who submitted it or who has been identified as a designee. The bill also provides for the release of certain information to the Department of Public Safety (DPS), to law enforcement personnel of the National Marine Fisheries Service (NMFS), and to the National Oceanic and Atmospheric Administration (NOAA) to help with the enforcement of fisheries laws. Number 0333 GORDY WILLIAMS, Legislative Liaison, Office of the Commissioner, Alaska Department of Fish & Game, told the committee there had been some questions in regard to language in the bill. He turned attention to page 2, line 19, paragraph (6), which refers to the release of fishing activity to the person who submitted the information. The new language adds "or to a designee of the person whose fishing activity is the subject of the report". He explained that there had been some instances with the Small Business Administration (SBA) in the "fishing disaster" area, or other loan programs for which a fisherman's fishing information has been requested as part of the application process. Currently, that information can be released back to the fisherman; however, if that fisherman's desire is to release the information to the SBA or another party, it takes longer to get it back to them if it's the middle of the fishing season, for example. Therefore, this is permissive. It would take a notarized form filled out by the person that would authorize the department to release [the information] for a specific purpose. Information would not be released without permission. MR. WILLIAMS referred to [page 2] paragraph (7), a new addition that refers to annual statistical reports of a buyer or processor. He said the report is known by ADF&G as a "COAR report" or the Commercial Operators Annual Report. Some situations have come up wherein the processor or buyer who submitted the report technically doesn't have the ability to get the report back. For example, if the [submitter] needs an official copy that had been submitted to ADF&G, there is no authority for ADF&G to return it. He said it is also a problem if the [submitter] chooses to send the report to a designee. He said this has come up in recent instances: he mentioned some entitlement programs for processors as an example. He said [HB 462] would enable the [submitter] to get his/her own report back or have it sent on [to a designee] by request. MR. WILLIAMS turned attention to [page 2] paragraph (8) and said changes were made for DPS, adding a saltwater charter logbook statewide. He explained that the charter fishing fleet is required to fill out logbooks of catch information; that has been instituted statewide over the last six or seven years. Currently, DPS doesn't have access to [logbooks] without obtaining a court order. However, DPS does have access to fish tickets and fish ticket information, which refers to the commercial fleet. He mentioned that DPS thought it was important information that it would like to have to enforce laws. He reiterated that [HB 462] would add annual statistical reports of buyers and processors and also would give DPS access to the COAR report if it was needed in an investigation. MR. WILLIAMS referred to [page 2] paragraph (9) and said it adds the same language about [releasing information contained in the] annual statistical reports of buyers and processors to NOAA. Last spring [NOAA] went forward with regulations on the federal level requiring the offshore "mother ship" in a catcher- processor fleet that fishes beyond three miles off [the coast of] Alaska to file a COAR report with ADF&G in order to get more holistic information about what's being caught and to help with management. In the process of going forward with those regulations, [NOAA] noted that it didn't have enforcement capability. Number 0692 MR. WILLIAMS turned attention to paragraph (1) and said any of the records or reports that ADF&G or [CFEC] has are available to management personnel of [NOAA] for drawing up its fishery management plans. However, there was not a reference to the enforcement, and "they" feel that in order to ensure good information, they should have access to that. Number 0753 REPRESENTATIVE GREEN asked if [HB 462] would create additional work. MR. WILLIAMS said it doesn't create any great amount of work for [ADF&G]. Number 0807 AL CAIN, Captain, Division of Fish & Wildlife Protection, Department of Public Safety, told the committee DPS is most interested in paragraph (8). This would provide [DPS] access to saltwater charter logbook information and the annual statistical reports for processors in a manner similar to that now used for fish tickets. He said DPS doesn't have any standing requests that the aforementioned documents be sent to them; consequently, DPS basically requests [the documents] on a case-by-case basis only when there is a demonstrated need. For example, some of DPS's cases involve processors. A few years back, a processor on the Yukon River was involved in quite a network of violations involving king salmon, and having access to the statistical reports would have aided [DPS] in that investigation. He concluded by saying the saltwater charter logbooks contain detailed catch information that assists [DPS] to identify and investigate violations which happen in that arena, in the same way that fish tickets help [DPS] when it has commercial fishing or reporting violations. Number 0928 CO-CHAIR MASEK asked Mr. Cain if [obtaining] certain confidential records is a serious problem. MR. CAIN answered that he wouldn't quantify it as a serious problem. He said currently when [DPS] needs to obtain charter logbook information, the annual statistical information on processors, it approaches the court for a search warrant, files an affidavit, relays the investigative information to a judge or magistrate, obtains a warrant, serves the warrant at ADF&G's office, obtains the records, and then makes a return to the court of that warrant. He said this process is fairly time- consuming for [DPS]. The information contained in the two additional sources is almost identical to the information that [DPS] was previously provided in fish tickets. MR. CAIN said it has been of great assistance to [DPS] through the years when there is a reported violation or incorrect reporting - for example, a fishing vessel is observed fishing in one area but the report on the fish ticket indicates the vessel took the fish in another area, to circumvent a quota or a cap; consequently, [DPS] is able to obtain those records quickly and investigate the matter quickly. Presently, by contrast, for log books and statistical information on processors, [DPS] has to go through the search-warrant process. He said, "So, this bill simply seeks to add to the list, to the fish tickets, this other very similar statistical information that [ADF&G] collects." Number 1084 SUE ASPELUND, Executive Director, Cordova District Fishermen United (CDFU), testified via teleconference, informing the committee that she also represents the fishing families of Prince William Sound and the Copper River. She said HB 462 is good legislation. She expressed a need for this legislation and offered the following example: In Cordova, fishermen needed access to their fishing records in order to document their claims against Exxon following the [oil] spill [from the Exxon Valdez] in Prince William Sound. She said Glacier Bay is another good example where fishermen need access to their landing information. MS. ASPELUND said [CDFU] believes there are legitimate needs for the information, and supports access by affected parties and their designees to their own reported information. In addition, [CDFU] believes it is completely appropriate to add saltwater charter logs and processor reports to those currently covered in statute. Adequate reporting, and the ability to assure that, is an important and necessary function in resource management, she concluded. Number 1217 CO-CHAIR SCALZI closed public comment. He indicated HB 462 would be held over at the request of the sponsor.
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