Legislature(2003 - 2004)

03/05/2004 03:35 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
         SB 347-COMM. FISHING MORATORIA, INCL. AK GULF                                                                      
                                                                                                                                
CHAIR SCOTT OGAN announced SB 347 to be up for consideration.                                                                   
                                                                                                                                
SENATOR  BEN STEVENS,  sponsor, informed  members that  after the                                                               
last hearing,  several participants got together  to address some                                                               
of the issues raised during that  hearing. He moved to adopt CSSB
347,  version  Q,   as  the  working  document.   There  were  no                                                               
objections and it was so ordered.                                                                                               
                                                                                                                                
SENATOR BEN STEVENS explained the  changes made to version Q were                                                               
a result of  discussions among members of the Board  of Fish, the                                                               
Alaska Department  of Fish  and Game  (ADF&G), the  North Pacific                                                               
Fisheries   Management  Council   (NPFMC),   and  some   industry                                                               
representatives.  First,  references  to the  Eastern  Gulf  were                                                               
removed from  the bill. The  second change of substance  was made                                                               
on  page 9,  lines 27  and  28, regarding  uncertainty about  the                                                               
permitting and the  cost of permits. An agreement  was worked out                                                               
for a single fee  for the trawl fishery and a  single fee for the                                                               
pot or longline fishery.                                                                                                        
                                                                                                                                
The third  change on page  9, lines 30 -  31, gives the  Board of                                                               
Fisheries, the  Commercial Fisheries Entry Commission  (CFEC) and                                                               
the  various  management  agencies  the ability  to  explore  and                                                               
develop  limited  entry  or other  management  options,  but  any                                                               
proposal  must  be  brought  before   the  Legislature  prior  to                                                               
implementation. He said he believes  all parties are in agreement                                                               
with these changes.                                                                                                             
                                                                                                                                
CHAIR OGAN asked where the  constitutional amendment provision is                                                               
located.                                                                                                                        
                                                                                                                                
SENATOR BEN  STEVENS said it  is on the top  of page 10.  He told                                                               
members:                                                                                                                        
                                                                                                                                
     We just wanted  to say emphatically that if  any of the                                                                    
     options for management require  any sort of legislative                                                                    
     change or any constitutional  change, that it will come                                                                    
     back to us for consideration of the members....                                                                            
                                                                                                                                
SENATOR  ELTON stated  his appreciation  for the  process Senator                                                               
Stevens  used   to  develop   the  committee   substitute,  which                                                               
reflected concerns expressed by the public.                                                                                     
                                                                                                                                
CHAIR  OGAN asked  for an  explanation of  what this  legislation                                                               
would fix.                                                                                                                      
                                                                                                                                
SENATOR BEN STEVENS deferred to Mr. DERSHAM for an answer.                                                                      
                                                                                                                                
MR.  ED DERSHAM,  Alaska  Board of  Fisheries,  explained that  a                                                               
Board of  Fisheries workgroup has  been working on a  reaction to                                                               
the North Pacific  Fisheries Management Council's rationalization                                                               
of groundfish fisheries in the  Gulf of Alaska for several years.                                                               
That process should be complete in 2005.                                                                                        
                                                                                                                                
     When completed,  it will  leave our  state waters  in a                                                                    
     situation to  where we  can't even  do status  quo, for                                                                    
     example, in  our codfish fishery. We  couldn't continue                                                                    
     to  have our  state  waters fishery,  because with  the                                                                    
     rationalized  federal  waters  adjacent  to  our  state                                                                    
     waters, there would  be a lot of  latent capacity freed                                                                    
     up that could  just move into our  state waters fishery                                                                    
     up... and cause that fishery  to be a much greater race                                                                    
     for fish.  We're trying  to explore  options of  how to                                                                    
     react  to  the  federal  process in  a  way  that  best                                                                    
     protects the  state and our  state waters  fisheries in                                                                    
     all groundfish. In the meantime,  we don't have any way                                                                    
     to get  our arms around  the participants in  the state                                                                    
     water  fisheries  without  a  temporary  moratorium  to                                                                    
     control new  entrants coming in. That's  the reason for                                                                    
     step one of having this temporary moratorium.                                                                              
                                                                                                                                
Any reactionary plan  developed by the Board of  Fisheries or the                                                               
CFEC,   both  working   with  ADF&G,   would   come  before   the                                                               
Legislature.  All agencies  support  that  approach, because  any                                                               
allocation scheme  would likely  need clarification. He  said the                                                               
Board would  not be able  to protect the state  waters fisheries,                                                               
even as they exist now, without  some way to stop an onslaught of                                                               
new  entrants  that  would  come  under  federal  rationalization                                                               
without this temporary moratorium.                                                                                              
                                                                                                                                
SENATOR BEN STEVENS  said his brief explanation of  why this bill                                                               
is  necessary  is outlined  in  the  numbers  on the  handout  he                                                               
provided on Wednesday. The number  of participants in the halibut                                                               
fishery  when  the  halibut quota  management  system  was  first                                                               
introduced in 1985 almost doubled by  1991 and, by 1994, when the                                                               
quota system was  implemented, the sable fishery  had almost four                                                               
times the  number of  participants. This  bill will  prevent that                                                               
same  drastic   influx  into   the  fisheries,   thereby  causing                                                               
instability to the participants,  communities, and processors. He                                                               
noted the board has been working  on this issue for two years and                                                               
implementation   may   take  another   two   to   four  years   -                                                               
optimistically.                                                                                                                 
                                                                                                                                
MR.  DERSHAM  recounted  some  concerns  expressed  at  the  last                                                               
meeting by other  testifiers that the state's  interests would be                                                               
diluted by  coordinating the Board  of Fisheries'  decisions with                                                               
those  of the  NPFMC, although  the Board  of Fisheries  has been                                                               
very  clear throughout  this process  that the  actions it  takes                                                               
will be based  on strongly protecting state  authority over state                                                               
waters and  that allocations would be  based on what is  best for                                                               
the economy of Alaska's coastal communities.                                                                                    
                                                                                                                                
CHAIR OGAN asked  if this bill would basically give  the Board of                                                               
Fish  authority to  establish a  moratorium  whenever needed  for                                                               
these particular fisheries.                                                                                                     
                                                                                                                                
MR. DERSHAM said  that is correct. He explained the  bill has two                                                               
parts  - one  gives  CFEC  the authority  it  needs  to work  out                                                               
establishing  a  moratorium.  The  second  part,  beginning  with                                                               
section 9, is  a specific moratorium on  the groundfish fisheries                                                               
in the  Gulf of Alaska to  accomplish the immediate goal  that he                                                               
and Senator Stevens described.                                                                                                  
                                                                                                                                
CHAIR OGAN  asked Mr. Dersham  to respond to criticism  that this                                                               
proposal is  designed to protect  the financial interests  of the                                                               
current participants rather than to protect the resource.                                                                       
                                                                                                                                
MR. DERSHAM  said the  specific moratorium  this bill  seeks does                                                               
not include  the jig  fisheries for  the groundfish  species. The                                                               
board  purposely left  entry in  the jig  fisheries open  for new                                                               
entrants  in  coastal  communities  and  young  people.  The  jig                                                               
fisheries are growing,  but the board believes there  is room for                                                               
additional entrants. "And  it's the lowest [cost]  cod fishery to                                                               
get  into in  the groundfish  fisheries so  we specifically  left                                                               
that open."  He added that the  Board and ADFG believe  they will                                                               
be  facing local  depletion and  probable conservation  issues in                                                               
state waters without the moratorium.                                                                                            
                                                                                                                                
CHAIR  OGAN commented  that  the  20 halibut  per  day limit  for                                                               
subsistence  with no  season limit  would  do more  to deplete  a                                                               
local fishery than anything else.                                                                                               
                                                                                                                                
MR. DERSHAM  revealed that  the Board  of Fisheries  made several                                                               
recommendations  to the  NPFMC to  amend the  subsistence halibut                                                               
fishery in areas  where the 20 fish limit is  in place. Regarding                                                               
Cook Inlet, a  trailing amendment is working its  way through the                                                               
National Marine  Fisheries Service (NMFS)  that should be  on the                                                               
books this summer  that would greatly decrease the  area in which                                                               
that subsistence  halibut limit  would apply.  The board  will be                                                               
meeting with NPFMC later this month  and will be asking when that                                                               
will be implemented.                                                                                                            
                                                                                                                                
SENATOR WAGONER  asked if  the board would  be looking  at quotas                                                               
for specific gear types in  addition to the moratorium. He agreed                                                               
with the  decision to leave  jig fisheries out of  the moratorium                                                               
to allow  people with a limited  budget to get into  that fishery                                                               
and asked  if giving the jig  fishery a percent of  the available                                                               
harvest each year was considered.                                                                                               
                                                                                                                                
MR. DERSHAM  replied that  the current  state waters  cod fishery                                                               
has specific quotas for jigs versus  pots in each area. The board                                                               
is also considering a possible  expansion of the quota that would                                                               
be available  for jig  and new entrants  based on  protection and                                                               
the interest of coastal communities.                                                                                            
                                                                                                                                
SENATOR WAGONER  asked whether  the permit would  be issued  to a                                                               
vessel or  a vessel operator.  He recounted that when  IFQ shares                                                               
for  halibut  were  established,  many halibut  fishers  did  not                                                               
receive  them because  they  fished boats  for  other people.  He                                                               
believes that  was handled incorrectly  and does not want  to see                                                               
that happen again.                                                                                                              
                                                                                                                                
SENATOR BEN  STEVENS answered that  a moratorium is based  on the                                                               
number  of  vessels  participating  in  a  fishery.  The  concept                                                               
Senator Wagoner  referred to  is a  quota of  distribution, which                                                               
would happen during the  rationalization options. The Legislature                                                               
should not be  the one to design the allocation  system. A three-                                                               
year moratorium on these specific  areas gives the CFEC and board                                                               
time to come up with options to bring back to the Legislature.                                                                  
                                                                                                                                
MR. DANA  REED, a Kodiak  jig fisherman, thanked  Senator Stevens                                                               
for initiating  this legislation because  he feels the  state has                                                               
let  the federal  government lead  the way  instead of  shaping a                                                               
state fishery. He opined:                                                                                                       
                                                                                                                                
     And leaving the  jig fishery out of  this moratorium is                                                                    
     absolutely asinine.  It sounds good sitting  from where                                                                    
     you are to let anybody who  wants to fish come into the                                                                    
     only thing that would be  left in this fishery. But I'm                                                                    
     here to  tell you that  the jig  fishery - we  are real                                                                    
     fishermen too  and we've been  at this for a  while and                                                                    
     I'll tell you  who we are, mostly  are salmon fishermen                                                                    
     who don't make  the money we used to, but  we need that                                                                    
     money  to live  here and  my cod  fishery has  become a                                                                    
     very integral  part of the  rest of my income  for this                                                                    
     year. If  it's left  out of  this, it  will be  a mess.                                                                    
     It's  almost  a  mess  already.   You  can  see  almost                                                                    
     everything that floats  now has got jig  machines on it                                                                    
     coming up from  this year. And part of  it's because of                                                                    
     this idea that they better get  in here and get a piece                                                                    
     of  something that  might be  worth  something even  if                                                                    
     they're not going  to make any money doing  it. A group                                                                    
     of us  jiggers have gotten together  and discussed some                                                                    
     of  the possibilities  of how  to remedy  the mess  the                                                                    
     fishery is becoming and what  it would really become if                                                                    
     you put a moratorium...[END OF SIDE A]                                                                                     
                                                                                                                              
TAPE 04-21, SIDE B                                                                                                            
4:25 p.m.                                                                                                                       
                                                                                                                              
MR. REED continued:                                                                                                             
                                                                                                                                
     ...on all  of the  other catching  vessels, but  not on                                                                    
     jiggers. One of the  things with exclusive registration                                                                    
     for  gear  boats  and  fishermen  -  but  that  doesn't                                                                    
     address the  issue of  just a lot  of people  going out                                                                    
     there and  sucking the quota  up and pushing it  into a                                                                    
     derby and turning a commercial fishery into a joke.                                                                        
                                                                                                                                
     It is  a true commercial  fishery and we  thought maybe                                                                    
     something a little more palatable  would be to take our                                                                    
     quota and  give a portion of  that to open access  - 10                                                                    
     percent or  500,000 pounds.  Right now  we were  on 4.5                                                                    
     million  pounds just  split with  the pot  fishery, but                                                                    
     they let  that go over. So  now we're cut down  below 4                                                                    
     million pounds, which  we will address at  the Board of                                                                    
     Fish....                                                                                                                   
                                                                                                                                
     If  there's  going to  be  a  moratorium, you  have  to                                                                    
     include everybody and you have  to realize that jiggers                                                                    
     are  fishermen and  we are  dependent  on that  income.                                                                    
     It's taken us  several years to become  as efficient as                                                                    
     we have. We've  spent a lot of time  and effort getting                                                                    
     into this fishery. If you  leave us out, it's really...                                                                    
     just pushing  us off as  a scapegoat and it's  not fair                                                                    
     and not acceptable. Thank you.                                                                                             
                                                                                                                                
CHAIR  OGAN   thanked  him,  indicated  there   were  no  further                                                               
participants, and closed public testimony.                                                                                      
                                                                                                                                
SENATOR BEN STEVENS summarized:                                                                                                 
                                                                                                                                
     This  bill was  brought by  request from  the industry.                                                                    
     There  were  some  concerns  that  were  met  and  some                                                                    
     concerns were raised on  Wednesday. Some fisheries were                                                                    
     excluded by  request. The Board of  Fish and Commercial                                                                    
     Fisheries Limited Entry  Commission, Department of Fish                                                                    
     and  Game,  the North  Pacific  Council  all have  been                                                                    
     involved  in this  with  industry  participants and  at                                                                    
     this point  I think it's  the development of  a process                                                                    
     that has a  long way to go and I  think that we've done                                                                    
     about  what we  can do  here. I  would suggest  that we                                                                    
     move on to the next step.  This is one of those things,                                                                    
     Mr. Chairman, where - it's just the fish business.                                                                         
                                                                                                                                
SENATOR WAGONER  said at the  last hearing  on this bill,  two or                                                               
three  people called  in expressing  gratitude for  not including                                                               
the jig fisheries in this bill  so the committee has had to weigh                                                               
both sides.  He said if  that issue needs  further consideration,                                                               
that can happen as the bill moves forward.                                                                                      
                                                                                                                                
CHAIR OGAN asked for a description of a jig fishery.                                                                            
                                                                                                                                
SENATOR WAGONER said it involves automatic jigs.                                                                                
                                                                                                                                
SENATOR BEN STEVENS  added that two people could be  working 9 or                                                               
10 machines that run 30 to 50 hooks.                                                                                            
                                                                                                                                
SENATOR WAGONER moved CSSB 347(RES),  version Q, and its attached                                                               
fiscal  notes  from  committee with  individual  recommendations.                                                               
There were no objections and it was so ordered.                                                                                 

Document Name Date/Time Subjects