Legislature(2003 - 2004)

02/24/2004 01:35 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
              SB 315-ENTRY PERMIT BUY-BACK PROGRAM                                                                          
                                                                                                                                
CHAIR CON  BUNDE called  the Senate  Labor and  Commerce Standing                                                             
Committee meeting  to order  at 1:35  p.m. Present  were Senators                                                               
Gary Stevens, Ralph  Seekins, Hollis French and  Chair Con Bunde.                                                               
Senator Bettye Davis was excused.  The first order of business to                                                               
come before the committee was SB 315.                                                                                           
                                                                                                                                
MS. CHERYL  SUTTON, Staff  to Senator Ben  Stevens and  the Joint                                                               
Legislative  Salmon  Industry  Task  Force,  said  SB  315  is  a                                                               
recommendation of  the task force  and provides language  for the                                                               
Commercial Fisheries  Entry Commission  (CFEC) to fund  a buyback                                                               
program.  If CFEC  was able  to receive  monies from  any source,                                                               
those monies might  have to be paid back, but  currently there is                                                               
no process in statute under which that could happen.                                                                            
                                                                                                                                
CHAIR BUNDE asked if buybacks were on the horizon anywhere.                                                                     
                                                                                                                                
MS. SUTTON  replied that the  only buyback being  discussed right                                                               
now is  in the  Southeast seine fishery,  which has  been dealing                                                               
with  Senator Ted  Stevens on  the federal  level. They  have not                                                               
moved forward  under the state  law. She  thought one of  the big                                                               
reasons  they  hadn't moved  forward  is  because laws  governing                                                               
buybacks  are not  in place  at the  state level.  "We have  been                                                               
attempting to repair this statute  over the last several years so                                                               
that if that case comes up, we would have a workable statute."                                                                  
                                                                                                                                
SENATOR RALPH  SEEKINS asked  if she was  talking about  a state-                                                               
funded program.                                                                                                                 
                                                                                                                                
MS. SUTTON  replied no and  that an optimum numbers  study, which                                                               
would determine  whether too many  permits existed in  a fishery,                                                               
would need to  be completed first. The  proposed legislation also                                                               
provides for an assessment of up to  7 percent on the value of an                                                               
individual fisherman's fish ticket sales to fund the program.                                                                   
                                                                                                                                
SENATOR  SEEKINS asked  if language  stating the  commission will                                                               
cease  a buyback  once the  optimum number  has been  reached has                                                               
been in statute before.                                                                                                         
                                                                                                                                
MS. SUTTON replied no.                                                                                                          
                                                                                                                                
SENATOR GARY  STEVENS said the  optimum numbers study  might show                                                               
that there  aren't enough permits  in a  fishery as well  as show                                                               
there are too many.                                                                                                             
                                                                                                                                
MS. SUTTON  followed up  on the  issue of  the optimum  number of                                                               
permits saying  that one  number was  an unreasonable  concept so                                                               
the  statute was  changed to  reflect that  an optimum  number is                                                               
really a  range of numbers.  CFEC also  has the authority  to add                                                               
permits back into a fishery.                                                                                                    
                                                                                                                                
CHAIR  BUNDE  said  SB  315   is  not  intended  to  present  the                                                               
development of fisheries resources, but rather to optimize them.                                                                
                                                                                                                                
MS.  SUTTON  agreed  that  it would  benefit  all  Alaskans,  but                                                               
particularly those in the coastal regions.                                                                                      
                                                                                                                                
MR.  FRANK  HOHMAN,   Commissioner,  Commercial  Fisheries  Entry                                                               
Commission  (CFEC), supported  Ms.  Sutton's  comments and  added                                                               
that this measure would make  fleet consolidation somewhat easier                                                               
to accomplish.  The reason for  looking into  fleet consolidation                                                               
is  that  the   economic  return  in  some   fisheries  might  be                                                               
diminishing. An  optimum number  of permits  could be  found that                                                               
would represent  how many fishermen  and boats could  harvest the                                                               
resource  in an  efficient  manner and  still  have a  reasonable                                                               
economic return.                                                                                                                
                                                                                                                                
     The optimum number  can tell you if there  are too many                                                                    
     permits in  the fishery or  too few in the  fishery. In                                                                    
     either  case, we  are  told by  the  statutes that,  if                                                                    
     there are  too many  permits, then  we can  establish a                                                                    
     buyback program to  reduce the number of  permits to an                                                                    
     optimum number.  If there are  too few permits  after a                                                                    
     study, then we  can provide more permits  and sell them                                                                    
     back into the fishery to bring that number up.                                                                             
                                                                                                                                
CHAIR BUNDE asked  how the state would reinject  permits into the                                                               
market.                                                                                                                         
                                                                                                                                
MR. HOHMAN  replied that  CFEC would probably  do an  analysis of                                                               
the value of the existing permits  and figure out an average cost                                                               
and make  them available using  a currently unspecified  method -                                                               
first come first  served basis, a lottery, a  high bid, something                                                               
like that.  The 1 to  7 percent assessment  would go into  a fund                                                               
over a  period of  years and  when it reached  a point  where the                                                               
required number  of permits could  be bought back, CFEC  would go                                                               
ahead and buy them back.                                                                                                        
                                                                                                                                
Since establishing  the fund would  take a while, the  task force                                                               
discussed  borrowing money  for the  buyback and  then paying  it                                                               
back with the  assessment money. But under that  scenario, if the                                                               
upfront money was used to  buy back permits, current statute says                                                               
the assessment has to stop. That's how this bill came about.                                                                    
                                                                                                                                
     All it says is that  once you reach the optimum number,                                                                    
     you can continue the assessment  until repayment of any                                                                    
     debt that  the commission had to  establish the buyback                                                                    
     program in the beginning.                                                                                                  
                                                                                                                                
MR. HOHMAN  said that  the commission  has no idea  of a  fund of                                                               
money out there  for this purpose and also that,  if grant monies                                                               
were used, they would not have to be paid back.                                                                                 
                                                                                                                                
CHAIR BUNDE asked if there was any opposition to this program.                                                                  
                                                                                                                                
MR. HOHMAN answered that he was not aware of any.                                                                               
                                                                                                                                
SENATOR GARY STEVENS asked how an optimum number is defined.                                                                    
                                                                                                                                
MR. HOHMAN  replied that an  actual optimum number would  be very                                                               
hard to  find, but a  couple of years  ago, the CFEC  changed the                                                               
definition from one number to a range of numbers.                                                                               
                                                                                                                                
CHAIR  BUNDE questioned  how the  CFEC would  determine what  the                                                               
range is.                                                                                                                       
                                                                                                                                
MR. HOHMAN  replied that  the CFEC would  do a  complete economic                                                               
analysis of the fishery.                                                                                                        
                                                                                                                                
SENATOR HOLLIS FRENCH asked if it  is true that there is no money                                                               
in the buyback fund currently.                                                                                                  
                                                                                                                                
MR. HOHMAN replied that is right.                                                                                               
                                                                                                                                
SENATO  FRENCH asked  if the  assessment would  begin only  after                                                               
some monies are put into the fund and a buyback had taken place.                                                                
                                                                                                                                
MR. HOHMAN replied that the  optimum number for the fishery would                                                               
have to be established first.                                                                                                   
                                                                                                                                
SENATOR FRENCH  asked if  the 1  to 7  percent assessment  was in                                                               
statute.                                                                                                                        
                                                                                                                                
MR. HOHMAN replied yes and that  language was put into statute to                                                               
accommodate the dedicated funds issue.                                                                                          
                                                                                                                                
SENATOR FRENCH asked  once the buyback is done,  does CFEC intend                                                               
to totally repay  the fund with the assessment or  just the costs                                                               
of operating the buyback program.                                                                                               
                                                                                                                                
MR. HOHMAN answered:                                                                                                            
                                                                                                                                
     It depends on how we got  the money. If the money was a                                                                    
     grant from  somewhere, then we  wouldn't have  to repay                                                                    
     it.  It  would  be,  like  you say,  the  cost  of  the                                                                    
     program.   If  the   fund   was   established  by   the                                                                    
     Legislature and it  needed to be repaid,  then we would                                                                    
     continue it until we could repay.                                                                                          
                                                                                                                                
SENATOR  FRENCH recapped  that absent  a gift  of money  to do  a                                                               
buyback, he  envisions this program  being some kind of  loan. He                                                               
asked if the assessment would  apply to just the affected fishery                                                               
or statewide.                                                                                                                   
                                                                                                                                
MR. HOHMAN  replied that the  assessment would be applied  to the                                                               
affected fishery.                                                                                                               
                                                                                                                                
SENATOR FRENCH asked how he  imagined "reasonable" costs would be                                                               
figured out.                                                                                                                    
                                                                                                                                
MR. HOHMAN answered  before CFEC would even enter  into a buyback                                                               
program,  it  would  have  to   promulgate  regulations  and  the                                                               
assessment process would be in those.  It would be a very visible                                                               
process.                                                                                                                        
                                                                                                                                
SENATOR FRENCH said he thought it sounded like a good idea.                                                                     
                                                                                                                                
MR.  KEN DUCKETT,  Executive  Director,  United Southeast  Alaska                                                               
Gillnetters  Association (USAG),  said  his  members really  were                                                               
undecided  about  supporting  this legislation.  One  concern  is                                                               
that, as  the various  different ideas  for the  buyback programs                                                               
have developed, a number of  them have contained votes that would                                                               
occur  by the  permit  holders. Some  call for  a  majority or  a                                                               
number of  different percentages, but  SB 315 does not  require a                                                               
vote of the people who would be affected by a buyback program.                                                                  
                                                                                                                                
     We think at the very  minimum that it's prudent to have                                                                    
     at least a  vote of 50 [percent] and a  plurality of 50                                                                    
     percent of the permit  holders that would approve going                                                                    
     into  this program.....  I'm sure  it's fine  that they                                                                    
     would promulgate regulations and  have hearings, but as                                                                    
     you  know, there's  a lot  of  fishermen and  a lot  of                                                                    
     people  in  the  general  public, some  of  which  will                                                                    
     participate in a hearing such  as that and others will,                                                                    
     even if it affects them,  will sit on the sidelines and                                                                    
     won't  participate.  We  think, definitely,  that  some                                                                    
     kind of  vote of  the people who  would be  affected is                                                                    
     prudent in this situation.                                                                                                 
                                                                                                                                
MR. DUCKETT outlined another concern his members have.                                                                          
                                                                                                                                
     In the  mid-70s, if you  had told people that  we would                                                                    
     be  where we  are  today with  prices  and our  current                                                                    
     situation  in the  salmon market,  folks wouldn't  have                                                                    
     really believed you - that  things could change as much                                                                    
     as they have changed. So,  the point that I'm making is                                                                    
     the  way  this thing  is  structured  now, with  the  7                                                                    
     percent   assessment   on  fishermen,   you're   asking                                                                    
     fishermen to  buy permits back  out of the  fishery. If                                                                    
     we  see a  big change,  say the  farmed fish  - they're                                                                    
     going to  have too many  PBCs or whatever have  you, or                                                                    
     we have  a market condition  that goes back  to earlier                                                                    
     times and  we see a  significant increase in  prices in                                                                    
     our fish,  which a lot  of us hope would  happen, maybe                                                                    
     additional permits want to be added to the fishery.                                                                        
                                                                                                                                
     That  situation could  happen just  like the  situation                                                                    
     happens that  makes us want  to reduce the  number now.                                                                    
     It's not fair in our  assessment that the fishermen are                                                                    
     assessed  for  permits to  leave  the  fishery and  the                                                                    
     state  gets the  benefit of  selling permits  back into                                                                    
     the  fishery  if the  number  of  permits wants  to  be                                                                    
     increased later on. That really bothers us.                                                                                
                                                                                                                                
MR. DUCKETT  said USAG  does not want  to stand in  the way  of a                                                               
fleet that  wants to reduce the  number of its permits  and hopes                                                               
the  Southeast seiners  are  successful.  Implementing a  buyback                                                               
program with a federal grant  is totally different than assessing                                                               
fishermen to have their permits  bought back. "We think there are                                                               
some  inequities here  and  I  guess at  that,  I'll conclude  my                                                               
testimony."                                                                                                                     
                                                                                                                                
CHAIR BUNDE thanked him and  promised to have the sponsor reflect                                                               
on and address his questions when the bill comes up again.                                                                      
                                                                                                                                
SENATOR  BEN STEVENS,  sponsor  of  SB 315,  who  arrived in  the                                                               
middle of  Mr. Duckett's testimony,  said he sponsored  this bill                                                               
at the request  of the Commercial Fisheries  Entry Commission and                                                               
wanted a chance  to clarify Mr. Duckett's questions  now. He said                                                               
there are two programs:                                                                                                         
                                                                                                                                
     One does require a vote  of the fishermen in the region                                                                    
     and the  other one  would allow  the CFEC  to implement                                                                    
     the program. So, there are  two mechanisms for buyback.                                                                    
     One  is a  CFEC-run  buyback developed  by the  optimum                                                                    
     yield; the other  one is a buyback  that's initiated by                                                                    
     the regional association.                                                                                                  
                                                                                                                                
CHAIR  BUNDE  said Mr.  Duckett  was  also  concerned that  if  a                                                               
buyback program is  funded by fishermen in a  certain fishery, if                                                               
on the  flip side, additional  permits were issued by  CFEC, that                                                               
profit  would go  back to  the state.  He, personally,  could see                                                               
that the  state could  issue permits at  no expense,  which would                                                               
decrease the  value of  existing permits, but  he didn't  know of                                                               
any  mechanism whereby,  if the  state  issued a  new permit  for                                                               
$10,000,  that  money  would  end up  being  distributed  to  the                                                               
members of the fishery.                                                                                                         
                                                                                                                                
SENATOR  STEVENS said  that is  one  of the  complexities of  the                                                               
situation right now.                                                                                                            
                                                                                                                                
     You have to have an optimum  study in order to buy back                                                                    
     the permits to retire them.  It's just which way you do                                                                    
     it. If  the optimum study  says that the state  can buy                                                                    
     them back,  then the  state can  assess a  buyback fund                                                                    
     and  then  retire  the  permits  for  $10,000.  If  the                                                                    
     association  would buy  back  the  permits, they  would                                                                    
     also  retire  the permits.  The  question  is, can  the                                                                    
     permits  that are  bought back  be  retired and  that's                                                                    
     what the  bill is designed  to do  - to make  sure that                                                                    
     that is correct  - that when you buy  the permits back,                                                                    
     the  CFEC is  not  forced  to put  them  back into  the                                                                    
     market.                                                                                                                    
                                                                                                                                
CHAIR  BUNDE thought  he had  heard testimony  earlier indicating                                                               
that,  if the  fishery expands,  those permits  would not  be put                                                               
back into the  market and another study would have  to be done to                                                               
offer new permits.                                                                                                              
                                                                                                                                
SENATOR  STEVENS replied  that the  CFEC could  be forced  by the                                                               
court to  issue permits back  again, but they wouldn't  come from                                                               
the buyback pool. "[The permits]  would come from another interim                                                               
use issuance."                                                                                                                  
                                                                                                                                
CHAIR BUNDE said that he would hold the bill for further work.                                                                  

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