Legislature(1995 - 1996)
05/01/1996 11:13 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 285
An Act relating to management of discrete salmon
stocks and to a salmon management assessment; and
providing for an effective date.
Co-chairman Halford directed that SB 285 be brought on for
discussion. KELLY HUBER, aide to Co-chairman Halford, came
before committee. She explained that current salmon
management centers on heavy exploitation of mixed stock
fisheries and disregards the negative impact of that
approach on discrete stocks of all salmon species. She
stressed need to fulfill the constitutional obligation to
preserve a sustained yield of all stocks. The proposed bill
requires the board of fisheries to adopt and implement a
discrete salmon stock management policy consistent with a
sustained yield of wild stocks. It also provides a means to
offset costs incurred by implementing the policy.
END: SFC-96, #106, Side 1
BEGIN: SFC-96, #106, Side 2
Mrs. Huber provided a sectional analysis of a draft CSSB 285
(Fin) (9-LS1527\F, Utermohle, 4/26/96):
Section 2 directs the board of fisheries to implement
management of discrete salmon stocks and sets time
lines for gathering of data necessary for
implementation.
Section 3 provides for establishment and collection of
a $1 salmon management surcharge on all sport fish
licenses.
Section 4 provides for a $20 management surcharge on
crewmembers' fishing licenses.
Section 5 provides for a $20 management surcharge on
limited entry permit licenses.
Senator Rieger referenced language at Page 4, line 7, noted
that it speaks to deposit of the surcharge into the fish and
game fund, and questioned lack of expenditure from the fund
on the fiscal note. Mrs. Huber referenced the $1.7 million
note from the Dept. of Fish and Game and advised that
surcharges within the bill would cover that amount. Co-
chairman Halford directed that the department submit a new
fiscal note for CSSB 285 (Fin), showing revenue and
expenditure.
In response to questions from Senator Zharoff, Mrs. Huber
advised of 450,000 sport fishing licenses; 35,000 crewmember
licenses; and 15,000 limited entry permits. The $20-dollars
increase would be in addition to existing $30 resident and
$90 non-resident crewmember licenses.
Senator Zharoff asked what the state would realize from the
proposed study. Co-chairman Halford responded, "What you
get is a guarantee that you don't destroy the weaker stocks
as you harvest the stronger stocks in a mixed stock
fishery." Compliance with the constitutional mandate for
sustained yield for all segments of the stock would be
achieved.
Senator Donley MOVED for adoption of the draft CSSB 285
(Fin), version "F" dated 4/26/96, for purposes of
discussion. No objection having been raised, CSSB 285 (Fin)
was ADOPTED.
BEN ELLIS, Executive Director, Kenai River Sport Fishing,
next came before committee in support of the bill. He noted
that the developing problem giving rise to the legislation
was documented in the most recent National Academy of
Science publication in December, 1995. It lays the
foundation for the concern addressed by the proposed bill.
He cited difficulty associated with attempting to manage a
resources on a sustained yield basis without data to ensure
that discrete (weak, smaller) stocks are protected as well.
Mr. Ellis advised that the board of fisheries has
consistently asked for more data upon which to base
management decisions. The proposed bill will provide that
data. It should help protect both sport and commercial
fisheries throughout the state. Mr. Ellis urged support for
the bill which he termed of "paramount importance."
Senator Randy Phillips asked if Mr. Ellis also supported the
fee increases. Mr. Ellis responded affirmatively. He
voiced his understanding that "every major sport fishing
organization in the state has supported this bill."
Discussion of licensing of fishing guides followed among Mr.
Ellis, Senator Zharoff, and Co-chairman Halford. Senator
Zharoff took exception to the $20 increase for commercial
fishermen, saying that "They're usually the last ones to get
a shot at the resource under our management system."
GERON BRUCE, Legislative Liaison, Dept. of Fish and Game,
next came before committee and highlighted three elements
within the legislation:
1. The discrete management policy and the social or
economic benefits the board and legislature would want
to see served by that policy. On this issue
the department is neutral.
2. Additional funding and direction to conduct more
research,data collection, and analysis on various
salmon stocks as they contribute to mixed stock
fisheries and escapement of those stocks. This
effort is supported by the department.
3. Funding mechanism. The department is neutral on
this issue.
Mr. Bruce told members of new research techniques and
focused upon genetic stock identification which, he
explained, has the potential to offer "a whole new level of
stock identification in fisheries." This technology has
been applied on an experimental basis. Without additional
funding, the department will not be able to extend new
technologies to fisheries management in general. To that
extent, the legislation would be helpful. Mr. Bruce
directed attention to Section 5 on Page 4 and noted that the
funding mechanism would be limited by language which says
that funds collected from permit holders could only be spent
within the administrative area in which the fisherman
operates. That will fragment the funding source into small
and large pots of money which cannot be accumulated and used
to support an entire program. That is of concern. The
department would thus recommend removal of that language.
Mr. Bruce further recommended removal of pink salmon stock
from the bill. Genetic stock identification technology has
not demonstrated its effectiveness with pink salmon. Mr.
Bruce advised that the fiscal note was prepared "by taking
two particular fisheries (the Cook Inlet sockeye fishery and
the Alaska Peninsula sockeye/chum fishery and its
relationship to the Western Alaska fishery) and applying
bill provisions. Since the note applies only to several of
the fisheries, sufficient revenues will not be generated to
add additional fisheries per the bill's proposed schedule.
It should be recognized that moneys identified on the fiscal
note reflect start-up funding based on two fisheries. Mr.
Bruce further attested to costs associated with monitoring
escapement in remote areas. He reiterated that revenue to
be generated would not cover the range of fisheries set
forth in the legislation.
Senator Rieger reiterated his previous question concerning
fiscal note information which shows revenues flowing to both
the general fund and fish and game fund but expenditures
from only the general fund. Mr. Bruce explained that the
original funding mechanism for the legislation did not
contemplate revenue from recreational users. The current
draft incorporates those users. He further advised that
recreational moneys could flow either to the fish and game
fund or the general fund. Senator Rieger voiced his
understanding that the department would submit a revised
fiscal note with the correct allocation from the fish and
game fund. Mr. Bruce concurred.
Senator Sharp referenced Section 5 and spoke to difficulty
associated with allocation to administrative areas. Co-
chairman Halford advised that it was not his intent to
include allocation language. He suggested that the
concluding sentence from Sections 3 and 4 be added to
Section 5 and that Section 5 language relating to
administrative areas be deleted.
Mr. Bruce voiced need for flexibility in allowing the
department and board of fisheries to identify priorities
when applying the proposed program. That would draw on
board expertise in determining critical conservation and
allocation needs and which areas and species should be the
focus of intensive work. Co-chairman Halford referenced
staging provisions within the bill providing for certain
sections to become effective in 2006 and 2011. He
acknowledged that a fiscal note could not be written in 1996
that would cover the cost of discrete stock identification
in 2011, with any degree of certainty. Areas scheduled for
earlier enaction are those where concern is greatest. There
is adequate time, in the future, to change or amend
provisions.
Mr. Bruce further commented on need for flexibility to
adjust to priority needs.
Senator Sharp MOVED to delete language within Section 5,
commencing with "A" at the end of line 23 through line 29,
and replace it with the last sentence of Sections 3 and 4.
No objection having been raised, the amendment was ADOPTED.
Senator Zharoff cited fiscal note information referencing 5
permanent and 20 seasonal people and asked how the program
would be operated within the current department structure.
Mr. Bruce acknowledged that the program could not be
implemented without new staff. Senator Zharoff questioned
the benefit of the program to localized fisheries such as
Atka. Fishermen in that area will be assessed for studies
to be done elsewhere. He suggested that assessments should
be conducted on stocks connected to particular fisheries.
Mr. Bruce acknowledged that some stocks would not be the
subject of assessment because they are localized and there
is no competition among various users. He suggested,
however, that the state's salmon resource as a whole would
benefit.
Senator Sharp directed attention to Page 2, line 4, and
MOVED to add the Copper River to the Cook Inlet and Kodiak
fisheries listed within subsection (B). Mr. Bruce said the
amendment would involve additional costs. He acknowledged
that the department would be reworking the fiscal note based
on the Senate Finance Committee version of the bill. He
further acknowledged that the department has "fairly good
information" on the Copper River fishery so the effort would
not be starting from scratch. No objection having been
raised, the foregoing amendment was ADOPTED.
Senator Donley MOVED for passage of CSSB 285 (Fin) with
individual recommendations. Senator Zharoff OBJECTED. He
voiced his belief that current department assessment and
management of fisheries is more than adequate. He spoke
specifically to Section 4 and said the $20 management
surcharge was not equitable, particularly for fishermen in
areas that will not benefit from data acquisition. It is
also inequitable for fishermen who must obtain a commercial
license but are not fishing for salmon. Senator Zharoff
said that while he agreed with the intent, the proposed
procedure is wrong. Co-chairman Halford called for a show
of hands. The motion CARRIED on a vote of 4 to 1 (Co-
chairman Frank and Senator Rieger had left the meeting.).
CSSB 285 (Fin) was REPORTED OUT of committee with a fiscal
note from the Dept. of Fish and Game (Sport Fish) showing
revenues of $118.3, a Dept. of Fish and Game (CFMD) note
showing revenues of $604.0, and a zero note from the Dept.
of Revenue. Co-chairman Halford and Senators Donley,
Phillips, and Sharp signed the committee report with a "do
pass" recommendation. Senator Zharoff signed "do not pass."
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