Legislature(2001 - 2002)

03/26/2001 05:58 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                 
               HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                           
                          March 26, 2001                                                                                        
                           5:58 p.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gary Stevens, Co-Chair                                                                                           
Representative Peggy Wilson, Co-Chair                                                                                           
Representative Drew Scalzi                                                                                                      
Representative Fred Dyson                                                                                                       
Representative John Coghill                                                                                                     
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mary Kapsner                                                                                                     
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 194                                                                                                              
"An Act relating to fees for commercial fishing licenses and                                                                    
permits; and providing for an effective date."                                                                                  
                                                                                                                                
     - MOVED HB 194 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 194                                                                                                                  
SHORT TITLE:ENTRY PERMIT FEES                                                                                                   
SPONSOR(S): REPRESENTATIVE(S)STEVENS                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/19/01     0648       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/19/01     0648       (H)        FSH, RES, FIN                                                                                
03/26/01                (H)        FSH AT 5:00 PM CAPITOL 124                                                                   
                                                                                                                              
WITNESS REGISTER                                                                                                              
                                                                                                                              
MARY McDOWELL, Commissioner                                                                                                     
Commercial Fisheries Entry Commission                                                                                           
Alaska Department of Fish & Game                                                                                                
8800 Glacier Highway, Suite 109                                                                                                 
Juneau, Alaska 99801-8079                                                                                                       
POSITION STATEMENT:  Testified in  support of HB 194 and answered                                                               
questions.                                                                                                                      
                                                                                                                                
STEPHEN WHITE, Assistant Attorney General                                                                                       
Natural Resources Section                                                                                                       
Civil Division (Juneau)                                                                                                         
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, Alaska 99811-0300                                                                                                       
POSITION STATEMENT: Testified  in support of HB  194 and answered                                                               
questions.                                                                                                                      
                                                                                                                                
JERRY McCUNE                                                                                                                    
United Fishermen of Alaska                                                                                                      
211 4th Street                                                                                                                  
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT: Testified in support of HB 194.                                                                             
                                                                                                                                
SUE ASPELUND, Executive Director                                                                                                
Cordova District Fishermen United                                                                                               
PO Box 939                                                                                                                      
Cordova, Alaska 99574                                                                                                           
POSITION  STATEMENT:   Testified  in  support  of   HB  194,  but                                                               
requested  the  legislature re-examine  the  "cap"  issue of  the                                                               
bill, after it is passed.                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-14, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR PEGGY  WILSON reconvened the House  Special Committee on                                                               
Fisheries meeting at 5:58 p.m.  [The minutes for the Presentation                                                               
on  LIDAR  Technology  by Tim  Veenstra,  Airborne  Technologies,                                                               
Inc., are found in the 5:06 p.m. cover sheet for the same date.]                                                                
                                                                                                                                
HB 194-ENTRY PERMIT FEES                                                                                                      
                                                                                                                              
CO-CHAIR WILSON  announced that committee  would hear  HOUSE BILL                                                               
NO.  194,  "An  Act  relating  to  fees  for  commercial  fishing                                                               
licenses and permits; and providing for an effective date."                                                                     
                                                                                                                                
Number 0064                                                                                                                     
                                                                                                                                
CO-CHAIR  STEVENS,   sponsor  of  the  bill,   pointed  out  Mary                                                               
McDOWELL,  Commercial Fisheries  Entry  Commission; Steve  White,                                                               
Department of Law; and Jerry  McCune, United Fishermen of Alaska,                                                               
as people who have been critical  in developing this bill and who                                                               
will be speaking to the committee.                                                                                              
                                                                                                                                
CO-CHAIR STEVENS  explained that  HB 194  deals with  the Carlson                                                             
case, which  was brought against  the Commercial  Fisheries Entry                                                               
Commission [CFEC]  because [CFEC] had been  charging nonresidents                                                               
three times more  than resident fishermen.  The  courts have said                                                               
this is  against the  law.   A differential can  only be  used if                                                               
it's based  on the amount residents  pay in taxes as  compared to                                                               
what  nonresidents  pay in  taxes.    Therefore, HB  194  repeals                                                               
current statute that requires CFEC  to charge nonresident fishers                                                               
three times the amount charged  a resident fisher and replaces it                                                               
with  a  provision  that  gives  CFEC  the  authority  to  charge                                                               
nonresident fishers the maximum amount allowed by the court.                                                                    
                                                                                                                                
CO-CHAIR  STEVENS   commented  that  Steve  White,   the  state's                                                               
attorney,  has been  arguing  this case  in  the superior  court,                                                               
claiming that  there are six  budget categories that  "we" should                                                               
be able  to use  to charge outside  residents more  than in-state                                                               
residents.   In  June 2000,  the superior  court came  up with  a                                                               
formula of what  "we" could charge [nonresidents],  but the court                                                               
only allowed  two of the  six budget  categories.  He  noted that                                                               
[the state]  might owe [nonresident] fisherman  $22.5 million due                                                               
to what they have been charged over  the years.  He said that Mr.                                                               
White will be  appealing this in the state supreme  court as well                                                               
as attempting   to get  the other four categories included in the                                                               
formula.   Right now, a  [nonresident] fisherman will  be charged                                                               
three  times more  than an  [resident]  fisherman, despite  being                                                               
told by the  court that [CFEC] can  no longer do that.   So, this                                                               
bill  would  enable  the  CFEC to  stop  using  the  three-to-one                                                               
[ratio]  and begin  to  use  the maximum  amount  allowed by  the                                                               
courts.   The Department  of Law  is trying  to include  the four                                                               
other [budget] categories into this formula.                                                                                    
                                                                                                                                
CO-CHAIR STEVENS  remarked that HB  194 shows the court  that "we                                                               
are acting in good faith."   It doesn't make sense to continue to                                                               
use the three-to-one ratio that is  in the statutes.  He said the                                                               
formula  will "enable  us to  solve  the question  the court  has                                                               
ruled [on] and still leave us  some flexibility to charge as much                                                               
as we can to nonresidents."                                                                                                     
                                                                                                                                
Number 0516                                                                                                                     
                                                                                                                                
MARY   McDOWELL,   Commissioner,   Commercial   Fisheries   Entry                                                               
Commission, Alaska  Department of Fish  & Game, stated  that CFEC                                                               
is very supportive of this  legislative effort to address the fee                                                               
issues raised by  the Carlson lawsuit.  She  referred to Co-Chair                                                             
Stevens's  remarks  and  said  this bill  does  not  resolve  the                                                               
Carlson case,  because it's  not retroactive.   The  Carlson case                                                           
involves looking  at what the  [CFEC] has  charged [nonresidents]                                                               
over  the last  18 years  and developing  a formula  for what  is                                                               
"allowable in each  of those 18 years."  At  some point the court                                                               
will rule  on what  [CFEC] owes  in a refund,  if anything.   She                                                               
reiterated  that  the  current  dilemma is  that  CFEC  is  still                                                               
charging "three to one," so  additional "potential debt" is still                                                               
accruing.                                                                                                                       
                                                                                                                                
MS. McDOWELL commented  that if the superior court  ruling is not                                                               
overturned, there  will be  an additional  debt of  $1.13 million                                                               
each year  in overcharges plus  interest.  This  would eventually                                                               
be paid,  if [CFEC]  doesn't get the  decisions overturned.   She                                                               
said about  250 members  are added to  the "Carlson  class" every                                                             
year, under  the fees for the  current statute.  The  effort here                                                               
is to "stem the hemorrhaging."   This bill would stop the accrual                                                               
of additional debt, if the superior  court ruling stands.  But if                                                               
the  plaintiff  prevails,  the  debt  will  increase.    This  is                                                               
"splitting the  difference," assuming that [CFEC]  would put fees                                                               
in  place right  now that  would comply  with the  superior court                                                               
ruling.   If the  superior court ruling  stands, this  bill would                                                               
allow  [CFEC] to  establish fees  that would,  "all things  being                                                               
equal," keep [CFEC] from accruing additional debt.                                                                              
                                                                                                                                
Number 0740                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  asked if  the bill  passed, and  did not                                                               
contain everything  that the plaintiff wanted,  whether "we might                                                               
have a better chance of negotiating than to stop the case."                                                                     
                                                                                                                                
Number 0766                                                                                                                     
                                                                                                                                
STEPHEN  WHITE,  Assistant  Attorney General,  Natural  Resources                                                               
Section, Civil Division (Juneau),  Department of Law, stated that                                                               
he did  not think  settlement was  a viable  option in  this case                                                               
since  the plaintiffs  want much  more than  $22.5 million.   The                                                               
plaintiffs' goal is  to make "everything we've  ever taken, [and]                                                               
collected  in additional  fees," unconstitutional.   He  does not                                                               
believe there  is any "middle  ground" between the state  and the                                                               
plaintiffs.   If this  bill is  passed this  session, he  will be                                                               
able to go before the supreme court  and say that as soon as [the                                                               
state] found out it had  liability, it took the appropriate steps                                                               
to change  its practices to comply  with the court.   This [bill]                                                               
is going to be beneficial in showing "good-faith effort."                                                                       
                                                                                                                                
MR. WHITE  said there will  be arguments saying the  state should                                                               
be  penalized, that  it  should  be paying  not  only "all  these                                                               
people, but all the people who  dropped out of the class, that we                                                               
should  be paying  all the  refunds owed  to them  to some  other                                                               
purpose."  Mr. White said there  is a real strategic advantage to                                                               
having this bill before the  legislature and adopted before going                                                               
to the supreme court.                                                                                                           
                                                                                                                                
Number 0875                                                                                                                     
                                                                                                                                
CO-CHAIR  STEVENS  asked  Ms.  McDowell  how  there  could  be  a                                                               
potential of the state owing more than $22.5 million.                                                                           
                                                                                                                                
MS. McDOWELL  reiterated that the  superior court's  decision was                                                               
to  allow two  out of  the  six [budget]  categories that  [CFEC]                                                               
asked for.   However, the other side is saying,  "we shouldn't of                                                               
even  gotten those  two [categories].";  they believe  that there                                                               
should be no differential allowed at all.                                                                                       
                                                                                                                                
MR.  WHITE  remarked  that  [the state]  has  appealed  on  eight                                                               
different legal points, and the  other side has cross-appealed on                                                               
several [of  those] legal  points.   If their  cross-appeals were                                                               
successful,  they  "would  take  all  that  we  gained  from  the                                                               
superior court  and nullify  it such that  [what the  state owes]                                                               
would be much higher than $22.5 million."                                                                                       
                                                                                                                                
Number 0945                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  wondered what  would happen to  the three-                                                               
to-one ratio if this bill were put into effect.                                                                                 
                                                                                                                                
MS. McDOWELL  explained that  the [superior]  court has  not said                                                               
that  the three-to-one  ratio is  unconstitutional, but  that the                                                               
"spread" between what is charged  a resident and a nonresident is                                                               
a  problem.   For  example,  for  years, nonresidents  have  been                                                               
charged  the three-to-one  ratio  for crewmember  licenses.   The                                                               
charge  has been  $30 [resident  fee] to  $90 [nonresident  fee].                                                               
Last  year  it  was  changed  to  $60  [resident  fee]  and  $125                                                               
[nonresident fee].   But, under  the current ruling,  [the state]                                                               
will not  owe a refund  on this because  the "spread" is  a small                                                               
enough  dollar amount  within the  allowable  differential.   The                                                               
[allowed]  differential   for  the   last  two  years   has  been                                                               
approximately $100.  It varies from year to year.                                                                               
                                                                                                                                
MS.  McDOWELL stated  that under  the  provisions of  HB 194,  an                                                               
established resident  fee would serve as  a base.  She  said that                                                               
CFEC has five  fee classes based on the earning  potential in the                                                               
various fisheries.  Under this bill,  the "top fee" that could be                                                               
charged to  a resident would be  $300, which is $50  more than is                                                               
allowed now.   Therefore, CFEC  would probably increase  all five                                                               
fee classes by 20 percent, which would then serve as base fees.                                                                 
                                                                                                                                
MS.  McDOWELL went  on  to say  that under  the  bill, for  every                                                               
nonresident permit,  CFEC would add the  "allowable maximum" that                                                               
the court  formula would allow for  that year.  In  short, [CFEC]                                                               
would   obtain  all   of  the   resident  base   fees  plus   the                                                               
differential.  She  noted that under this  bill, nonresidents who                                                               
are in  lower fee classes would  end up paying more  than they do                                                               
now because of the "extra differential" put on.                                                                                 
                                                                                                                                
Number 1118                                                                                                                     
                                                                                                                                
MS. McDOWELL stated that this  bill also clarifies how crewmember                                                               
licenses that  are part  of the  Carlson case  are dealt  with in                                                             
statute.   The current $60  resident fee for  crewmember licenses                                                               
remains in  the bill.   But the  bill also authorizes  the Alaska                                                               
Department of Fish & Game,  which deals with crewmember licenses,                                                               
to add on the nonresident differential, if it chooses to do so.                                                                 
                                                                                                                                
MS. McDOWELL  noted that this bill  also deals with the  $5 child                                                               
crewmember license  that was established by  the legislature last                                                               
year for both residents and  nonresidents.  This bill would allow                                                               
the  Alaska  Department of  Fish  &  Game  to add  a  nonresident                                                               
differential to this $5 fee.                                                                                                    
                                                                                                                                
MS. McDOWELL referred to the  CFEC permit renewal, which includes                                                               
annual renewal of limit entry  and interim-use permits, which are                                                               
permits needed to operate a vessel  in a non-limited fishery or a                                                               
limited fishery  that is  still being adjudicated.   The  cost of                                                               
these  permits would  be the  base  fee plus  a differential  for                                                               
nonresidents.                                                                                                                   
                                                                                                                                
Number 1219                                                                                                                     
                                                                                                                                
MS.  McDOWELL explained  that the  bill also  deals with  poverty                                                               
fees.   For decades,  [Alaska] Statute has  had a  provision that                                                               
provides a $15 resident license  and a $45 nonresident license to                                                               
those renewing their  permits, who are below poverty  level.  She                                                               
said  one  difficulty  with  this provision  is  that  for  every                                                               
poverty  permit  issued, the  CFEC  has  to donate  an  insurance                                                               
premium  to  the fishermen's  fund.    This premium  is  slightly                                                               
higher than what is actually collected  on the poverty fees.  So,                                                               
there  is a  net  loss  with every  poverty  permit.   This  bill                                                               
proposes that  in lieu of the  $15 and $45 poverty  fees, permits                                                               
for  those below  the poverty  level would  be half  of what  the                                                               
person would normally pay for a regular license.                                                                                
                                                                                                                                
MS. McDOWELL commented  that at the lower fee  classes, the price                                                               
doesn't change  dramatically for  poverty permits.   Most  of the                                                               
permits renewed  at the poverty fee  level are in the  lowest fee                                                               
class, primarily  in the  rural small-boat  fisheries.   She said                                                               
700 out  of 894 poverty  permits issued in  2000 were in  the $50                                                               
resident  fee  class.    Under this  bill,  those  permits  would                                                               
increase  to  $30   from  $15.    In  the   higher  fee  classes,                                                               
nonresidents would pay considerably more  [under this bill].  She                                                               
mentioned that  there were only  32 nonresident  high-fee permits                                                               
in  2000.   Regulations were  tightened  about two  years ago  in                                                               
order to "weed out abuse"  from nonresidents applying for poverty                                                               
fees.   In short, she said  there would be some  increase of fees                                                               
for  poverty fees  in this  bill but  minimal for  the lower  fee                                                               
class.                                                                                                                          
                                                                                                                                
CO-CHAIR  WILSON remarked,  "So  altogether we'd  be bringing  in                                                               
more than we are now."                                                                                                          
                                                                                                                                
MS. McDOWELL replied that more  funds would come from poverty fee                                                               
permits.  But  she indicated that it was  difficult to comprehend                                                               
the total  fiscal impact of the  bill; it was a  difficult fiscal                                                               
note to write  because there's no place on a  fiscal note to show                                                               
savings of liability.  The fiscal  note shows a potential loss of                                                               
around $470,000  in incoming revenue  for FY  02 due to  the fees                                                               
given from  the superior  court ruling.   However, the  state can                                                               
recoup  that  loss  by  the   way  refunds  to  nonresidents  are                                                               
calculated.                                                                                                                     
                                                                                                                                
Number 1416                                                                                                                     
                                                                                                                                
MR.  WHITE commented  that  it is  a loss  in  revenue, but  it's                                                               
"really revenue  that we would have  to pay back."   An agreement                                                               
has also been  made with the class [who are  suing in the Carlson                                                               
case]:  for an  individual  who  might have  paid  more than  the                                                               
permissible  differential  for  some  years  and  less  than  the                                                               
differential  in others,  the underpayments  will be  able to  be                                                               
offset  against  the overpayments,  and  the  difference will  be                                                               
paid.  He gave the following example:   in 2002, the fees will be                                                               
based upon decisions of the superior  court.  He said if this was                                                               
appealed  and the  supreme court  agreed to  set a  higher amount                                                               
that [CFEC]  could charge  for 2002, "we"  don't lose  the amount                                                               
that "we"  were unable to  charge [nonresidents].  This  would be                                                               
due to the offset against what  would have been owed those people                                                               
from  earlier years.   In  short, there  is "no  net loss  to the                                                               
state in that  regard, it's just a loss of  direct revenue to see                                                               
if  ...."                                                                                                                       
                                                                                                                                
Number 1520                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked if  the three-to-one ratio is being                                                               
charged now and if the funds are being segregated.                                                                              
                                                                                                                                
MR. WHITE said no.                                                                                                              
                                                                                                                                
MS. McDOWELL said, "Charge it and  it goes into the general fund,                                                               
[where] it's accounted for as fee-supported services."                                                                          
                                                                                                                                
REPRESENTATIVE  KERTTULA said,  "If we  win, then  it's just  the                                                               
offset."                                                                                                                        
                                                                                                                                
Number 1552                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SCALZI commented  that  in regard  to the  "legal                                                               
aspects" of this bill, the argument  that has been heard from the                                                               
"other side" is  that going forward with this  bill, is admitting                                                               
guilt,  which would  weaken  the case.   He  asked  Mr. White  to                                                               
address this issue.                                                                                                             
                                                                                                                                
MR. WHITE  remarked that the  formula being adopted in  this bill                                                               
is no longer a legal issue,  regardless of what the supreme court                                                               
does.  By adopting the formula, he said:                                                                                        
                                                                                                                                
     We're  just   dealing  with  the  reality;   we're  not                                                                    
     conceding   anything.     We're  not   challenging  the                                                                    
     formula.   The  only  thing we're  challenging is  what                                                                    
     dollars we  can put  in the  formula.   ...   We're not                                                                    
     giving up anything that's in  dispute by doing what the                                                                    
     court has said that we need to do at this point.                                                                           
                                                                                                                                
REPRESENTATIVE  SCALZI commented  that this  case is  not unique.                                                               
Throughout  the   United  States,   similar  resident/nonresident                                                               
issues have  been brought up.   He mentioned that  "other people"                                                               
are watching this particular case.                                                                                              
                                                                                                                                
MR.  WHITE concurred  with  these  comments.   He  said no  other                                                               
states have challenged commercial fishing  fees in this way, even                                                               
though  other states  charge much  more [for  nonresidents.]   He                                                               
suggested  that  those  fisheries  "aren't  valuable  enough  for                                                               
people to  sue about."  However,  Mr. White said he  is sure this                                                               
case is being watched in other states with much concern.                                                                        
                                                                                                                                
Number 1660                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  remarked that  it seems  the differential                                                               
is  being borne  by struggling  fisheries, which  is significant.                                                               
He wondered  if it  was wise  to let the  court set  the [permit]                                                               
fees, and how long it would take the court to do so.                                                                            
                                                                                                                                
MR.  WHITE answered  that  the court  is  interpreting a  federal                                                               
constitutional  provision based  upon a  1948 case  that explains                                                               
how nonresidents  can be charged  more in  certain circumstances.                                                               
He  said [Alaska's]  supreme court  is the  first court  that has                                                               
actually "fleshed that  out" and has said, "You  can charge based                                                               
on taxes  that the residents  pay and the nonresidents  don't pay                                                               
...."  He  believes the courts have  been fundamentally following                                                               
U.S. Supreme Court  precedent, he said, and the  only issues that                                                               
remain  are the  budgetary issues,  which will  be determined  in                                                               
court.                                                                                                                          
                                                                                                                                
REPRESENTATIVE COGHILL remarked  that this puts the  court in the                                                               
"driver's seat."   He wondered if this is where  "we want to lead                                                               
it."                                                                                                                            
                                                                                                                                
Number 1782                                                                                                                     
                                                                                                                                
MR. WHITE  replied that  at the  end of  this lawsuit,  the court                                                               
will decide  upon a formula to  figure out what amount  to charge                                                               
nonresidents.    This  formula  will  vary  from  year  to  year,                                                               
depending on the following variables;   population, percentage of                                                               
oil revenues  that go  into the general  budget, and  the state's                                                               
expenditures  for commercial  fisheries.   These are  outside the                                                               
court's control, and are actually  factors that Alaskans control.                                                               
So, to some extent, the  amount that nonresidents will be charged                                                               
will be determined by [Alaskan residents], not by the courts.                                                                   
                                                                                                                                
Number 1975                                                                                                                     
                                                                                                                                
MR. WHITE said he was not  aware of any other situations in which                                                               
nonresidents are being charged  significantly more for commercial                                                               
opportunities.                                                                                                                  
                                                                                                                                
REPRESENTATIVE DYSON remarked that  residents [of Alaska] seem to                                                               
get a "real  advantage" for loans when buying  boats and permits.                                                               
He  wondered if  the courts  are likely  to say  that "we"  can't                                                               
discriminate in favor of Alaska residents for loans.                                                                            
                                                                                                                                
MR. WHITE indicated that this  would not happen, because when the                                                               
state acts  as a  lender, it almost  becomes a  private financial                                                               
institution.   The state can set  its own criteria and  favor its                                                               
own  residents because  the state  is  mainly distributing  money                                                               
that belongs to the residents, from  oil revenues.  This [HB 194]                                                               
is different  because people are  being charged for  the "ability                                                               
to pursue  a livelihood."  The  courts have said "we"  have a lot                                                               
more latitude  to favor our residents  over nonresidents, because                                                               
"it's commercial."  The U.S.  constitution says [the sate] has to                                                               
treat everyone  (residents and  nonresidents) equally  except for                                                               
services that are paid for only  by residents, such as by our oil                                                               
revenue.                                                                                                                        
                                                                                                                                
Number 1999                                                                                                                     
                                                                                                                                
MS. McDOWELL  noted that while  there is an "upside"  (recoup and                                                               
save potential  additional liability) to the  decline in revenues                                                               
showed  in the  fiscal note,  there is  also a  "downside."   The                                                               
downside is  that those revenues  generated by [CFEC's]  fees are                                                               
fee receipts  that come into the  CFEC.  Right now,  the Division                                                               
of  Commercial Fisheries  funds  CFEC's budget  and receives  any                                                               
excess of the commission's funds.   This is important, especially                                                               
to fishermen  who are very supportive  of this.  Even  though the                                                               
state will recoup this  money, it is a cut to  the budget.  There                                                               
is  concern about  this, and  hopefully "we  will prevail  at the                                                               
supreme court."  At that point,  if the fee differential can grow                                                               
under the  supreme court decision,  "our revenues will  kick back                                                               
up, and that money will  again be available to [Alaska Department                                                               
of] Fish & Game."  She  suggested that once a final supreme court                                                               
decision is  made, this issue be  revisited to see what  the fees                                                               
would be.  Right now, fishermen  have agreed to support this hike                                                               
in fees from  $250 to $300, which  is  "a painful  thing for them                                                               
to support  even that  much."  The  fishermen support  it because                                                               
they recognize the  need for CFEC to keep revenues  up.  She said                                                               
with the base fees "set at $300  as a cap, we don't recoup, under                                                               
[the] superior court  decision, all that we lose  that we receive                                                               
for those programs."                                                                                                            
                                                                                                                                
Number 2104                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON wondered if  there was any possibility that                                                               
the state will win this case when it is appealed.                                                                               
                                                                                                                                
MR. WHITE indicated  that he was fairly confident  that the state                                                               
will   win   several  points   on   the   appeal,  which   should                                                               
significantly reduce, if not eliminate,  the debt.  He reiterated                                                               
that he  will be appealing four  budget issues, and the  issue of                                                               
whether pre-judgment interest  should be paid, for  the time that                                                               
[nonresidents] overpaid.   Even though the  superior courts ruled                                                               
this, he  said he would  argue that  [the state] doesn't  have to                                                               
pay  that  because  the  law does  not  provide  for  prejudgment                                                               
interest.   He indicated  that if this  point were  appealed, the                                                               
bill  would  be "cut  by  half"  if  he added  additional  budget                                                               
categories.   But, at this point,  there is no precedent.   There                                                               
will be many  arguments regarding non-legal issues  such as "good                                                               
faith,"  since  this is  such  a  unique case.    He  said it  is                                                               
difficult to  predict the outcome  of this case, because  this is                                                               
at the "leading edge" of this kind of litigation.                                                                               
                                                                                                                                
Number 2194                                                                                                                     
                                                                                                                                
CO-CHAIR  STEVENS  remarked   that  several  assistant  attorneys                                                               
general have handled  this case.  He wondered if  Mr. White could                                                               
promise he would stay with the case.                                                                                            
                                                                                                                                
MR. WHITE  stated that he expects  to get a definitive  ruling by                                                               
next  summer,  when  hopefully  [the  state's]  liabilities  will                                                               
become very clear.   He said, "It's just a matter  of if we still                                                               
have  liabilities of  putting  the formula  through  the last  20                                                               
years and getting the  cut check."  But in any  event, he will be                                                               
here to "carry it through to the end," he concluded.                                                                            
                                                                                                                                
JERRY McCUNE, United  Fishermen of Alaska (UFA),  stated that UFA                                                               
has  agreed to  the  "$300  hike or  a  20  percent increase"  on                                                               
resident fees, in order to be  able to charge "a little bit more"                                                               
on the  others' side.  However,  this is only UFA's  opinion.  He                                                               
mentioned that the committee will  probably hear from individuals                                                               
about this bill;  even though [UFA] attempted  to contact non-UFA                                                               
groups via  e-mail and other means  about this issue, he  said he                                                               
"couldn't get  to everyone in the  world."  He said  UFA supports                                                               
this legislation and thanks the sponsors.   [This bill] is a good                                                               
approach to  solving this dilemma  right now.   It will  help get                                                               
out of this  10.5 percent interest rate and  hopefully prevail on                                                               
the other four issues currently in  the court.  Then the fees can                                                               
be finalized according to the court.                                                                                            
                                                                                                                                
Number 2306                                                                                                                     
                                                                                                                                
SUE  ASPELUND,  Executive  Director, Cordova  District  Fishermen                                                               
United (CDFU) testified via teleconference:                                                                                     
                                                                                                                                
     Thanks for this  opportunity to testify.   I would like                                                                    
     to reiterate CDFU's support for  this legislation.  Our                                                                    
     biggest concern  with the whole  situation is  the lost                                                                    
     revenue to  the Division  of Commercial  Fisheries, ...                                                                    
     because of the timing and  the fact that we're not able                                                                    
     to get  out and really  get the  pulse of the  fleet on                                                                    
     the maximum amount due.                                                                                                    
                                                                                                                                
     We also voted  to support the $300  increase.  However,                                                                    
     as Mary  McDowell discussed, once  this is  through the                                                                    
     court  system and  finalized, we  would certainly  hope                                                                    
     that the  legislature would perhaps re-examine  the cap                                                                    
     issue,  so that  if we  find  out that  the catch  [of]                                                                    
     commercial fisheries  [is] going  to be  as substantial                                                                    
     as we fear,  ... we have the opportunity to  get to the                                                                    
     (indisc.) and perhaps  support a higher cap  so that we                                                                    
     minimize the damage (indisc.)  Thank you.                                                                                  
                                                                                                                                
Number 2404                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SCALZI  made a  motion  to  move  HB 194  out  of                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
notes.   There being no  objection, HB  194 moved from  the House                                                               
Special Committee on Fisheries.                                                                                                 
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Fisheries meeting was adjourned at 6:34                                                                    
p.m.                                                                                                                            
                                                                                                                              
                                                                                                                                
                                                                                                                                

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