Legislature(1997 - 1998)

04/28/1997 03:58 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HJR 34 NPFMC PROPOSED REGS FOR HALIBUT FISHERY                       
                                                                              
  CHAIRMAN HALFORD  announced HJR 34 to be up for consideration.               
                                                                               
  REPRESENTATIVE ALAN AUSTERMAN      said that this resolution was             
 introduced because of the actions the North Pacific Fisheries                 
 Management Council (NPFMC) was taking to create a halibut                     
 subsistence program. A number of them felt a program wasn't needed            
 and they are asking them not to implement it.  The criteria in                
 their first proposal is quite discriminatory and bringing the                 
 subject up now and creating regulations referenced to subsistence             
 halibut would create more of a gridlock in trying to solve the                
 current subsistence problems.                                                 
                                                                               
  CHAIRMAN HALFORD  said the background is that someone was a little           
 overzealous in enforcement.   REPRESENTATIVE AUSTERMAN  agreed and            
 added that a native group requested the Council to put together               
 subsistence regulations for halibut.                                          
                                                                               
  CHAIRMAN HALFORD  asked if there wasn't another way to handle this           
 without creating all these problems.  He didn't think they said               
 enough in the resolution about other ways to do it.                           
                                                                               
  REPRESENTATIVE AUSTERMAN  said the Council put a subcommittee                
 together to come up with this proposal.   SENATOR TAYLOR  wondered            
 what basis they used for the numbers.                                         
 Number 444                                                                    
                                                                               
  MR. DICK BISHOP,  Executive Director, Alaska Outdoor Council and             
 Territorial Sportsmen of Juneau, Inc., supported HJR 34 which                 
 addresses many of the most objectionable parts of the proposed                
 halibut subsistence proposal soon to be considered by the North               
 Pacific Management Council.  Some of these include discrimination             
 on racial grounds, or on the basis of zip code, and adopting the              
 unlimited catch of halibut under subsistence regardless of size,              
 etc. - very much like ANILCA's undefined customary and traditional            
 use priority.  It is reopening the door to commercial sale of                 
 another so called subsistence resource.  Federal courts have                  
 already established under ANILCA that sales of subsistence fish for           
 tens of thousands of dollars are o.k., and although this is a                 
 different matter, the precedents that have been established in                
 federal court are likely to be significant.                                   
                                                                               
 Furthermore, it provides for a new fishery that is bound to compete           
 with existing fisheries, but on a discriminatory basis; and finally           
 the same strategy could be easily proposed for other marine                   
 resources such as crabs.                                                      
                                                                               
 MR. BISHOP said it is important to recognize that these proposed              
 regulations, looking at the table of catches, are not about                   
 obtaining food by customary and traditional means.  Instead they              
 are yet another ploy to expand political and institutional approval           
 of special privileges for a racially defined group of people.                 
                                                                               
 He read a quote from the committee's report on dealing with non-              
 tribal Alaskans:  "The committee discussed a proposal to include              
 `other rural residents in areas of Alaska with halibut uses.'  The            
 committee discussed the opportunities for non-tribal Alaskans to              
 harvest halibut and concluded that the two fish per day sport fish            
 limit would meet their needs for supplying their families with                
 halibut for food.  The determining factor in this conclusion was              
 the stated need to recognize existing traditional practice at                 
 current levels of halibut removals.  The management plan for                  
 halibut subsistence programs should legalize the current halibut              
 removals and fishing practices by tribal members.  Expansion of               
 subsistence harvest to nontraditional users may create resource               
 concerns within the IPHC regarding increased levels of halibut                
 removals and localized depletions in some rural and urban                     
 communities."                                                                 
                                                                               
 MR. BISHOP said that it's apparent that the committee felt that for           
 non-tribal people the standard of sport fishing was adequate, but             
 for tribal members it was not.  This State is already being                   
 socially shredded by controversy over subsistence and Indian                  
 country and we don't need another discriminatory rule relating to             
 the use of fish and game.  He said they would support changes in              
 the personal use or sport fishing rules rather than establishing a            
 new fishery.                                                                  
 Number 493                                                                    
                                                                               
  SENATOR TAYLOR  agreed with his comments and said many of them have          
 been frustrated for years about the personal use aspect of halibut            
 on the grounds that a boat out there fishing for them can't take an           
 undersized fish that's dead or dying and utilize it for their own             
 consumption without running serious risks of prosecution.  He asked           
 if the NPFMC believe they are mandated by federal law (ANILCA) to             
 bring about this change.   MR. BISHOP  said he couldn't answer that,          
 but was sure it didn't fall under the requirements of ANILCA.                 
                                                                               
  SENATOR TAYLOR  asked if this wouldn't be an extension of ANILCA             
 even into waters beyond federal jurisdiction.   MR. BISHOP  replied           
 that his understanding is that it does not fall within the purview            
 of ANILCA.                                                                    
                                                                               
 Number 519                                                                    
                                                                               
  MR. RON SOMMERVILLE,  Senate and House leadership, said that ANILCA          
 specifically excludes the Magnuson Act; it specifically limited the           
 impacts of ANILCA to mean high tide although the advance notice of            
 rule making indicates that the secretary might be able to extend              
 their jurisdiction into adjacent State waters if there was an                 
 impact on subsistence.                                                        
                                                                               
 MR. SOMMERVILLE pointed out that two cases led to this; one at                
 Toksook Bay and the use of skates by a resident of Angoon for                 
 taking halibut for personal use in May (for drying).  Before IFQs             
 were distributed this was the practice.  Speaker Phillips requested           
 that they look at existing regulatory structure to accommodate some           
 of those uses and one suggestion was to legally allow for the                 
 retention of undersized halibut to 4E, a specific area of the State           
 where it has been a consistent problem.  They could also allow the            
 use of one skate of a certain size for taking of personal use in              
 May in specific areas of the State.  He's note advocating this, but           
 it is conceivable.  The commercial people on the Council expressed            
 real concerns about that.                                                     
                                                                               
 The Council agreed to go forward with the two options of doing                
 nothing and what is in their packet.  A third alternative was a               
 result of Speaker Phillips request.  These will be analyzed in                
 preparation for the June 14 meeting in Kodiak.                                
                                                                               
 MR. SOMMERVILLE said they are hoping to have an opinion as to                 
 whether the Council has the authority to discriminate based on                
 race.                                                                         
                                                                               
 Number 569                                                                    
                                                                               
  CHAIRMAN HALFORD  asked how the State would enforce it with our              
 Constitution, if they choose to define a violation of law racially.           
  MR. SOMMERVILLE  replied that the International Treaty on Halibut            
 preempted the State on halibut.  He said their legal opinion would            
 be as good as his and it doesn't appear that the State could.                 
                                                                               
  CHAIRMAN HALFORD  said that apparently the Council feels obligated           
 to go forward with something and asked what is the best message to            
 put the most reasonableness into whatever approach is taken.   MR.            
 SOMMERVILLE  responded that he couldn't suggest any wording changes           
 to the resolution and he would pass it out as it is.                          
                                                                               
  SENATOR TAYLOR  said he was surprised that no one was here to oppose         
 the resolution.                                                               
                                                                               
  TAPE 97-29, SIDE B                                                           
                                                                               
   MR. SOMMERVILLE  said they have a letter from Toksook Bay opposing          
 SJR 34.                                                                       
                                                                               
   MR. RICK LAUBER,  President, NPFMC, commented that the letter from          
 Speaker Phillips and President Miller had some impact on the                  
 Council; and the attorneys are working on the answers to the legal            
 questions.  At this stage the public has not had an opportunity to            
 comment on this issue formally and it is their practice to allow              
 that.  At their meeting in June in Kodiak the Council could do any            
 one of the things or a combination of the alternatives or options.            
 They cannot expand beyond what was analyzed.                                  
                                                                               
  SENATOR LEMAN  moved to pass HJR 34 with individual recommendations.         
 There were no objections and it was so ordered.                               

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