Legislature(2001 - 2002)

04/15/2002 03:31 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                                                                            
                         April 15, 2002                                                                                         
                           3:31 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gary Stevens, Co-Chair                                                                                           
Representative Peggy Wilson, Co-Chair                                                                                           
Representative Drew Scalzi                                                                                                      
Representative Fred Dyson                                                                                                       
Representative John Coghill                                                                                                     
Representative Mary Kapsner                                                                                                     
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
HOUSE BILL NO. 456                                                                                                              
"An Act relating to the commercial fishing loan program; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                              
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: HB 456                                                                                                                  
SHORT TITLE:COMMERCIAL FISHING LOAN PROGRAM                                                                                     
SPONSOR(S): REPRESENTATIVE(S)COGHILL                                                                                            
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/19/02     2311       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/19/02     2311       (H)        FSH, RES, FIN                                                                                
02/19/02     2311       (H)        REFERRED TO FISHERIES                                                                        
04/15/02                (H)        FSH AT 3:30 PM CAPITOL 124                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ED CRANE, President                                                                                                             
Alaska Commercial Fishing and Agriculture Bank (CFAB)                                                                           
2550 Denali Street, Number 1201                                                                                                 
Anchorage, Alaska  99503                                                                                                        
POSITION STATEMENT: Testified in support of HB 456 and gave                                                                     
specific information on behalf of CFAB.                                                                                         
                                                                                                                                
GREG WINEGAR, Director                                                                                                          
Division of Investments                                                                                                         
Department of Community & Economic Development                                                                                  
P.O. Box 34159                                                                                                                  
Juneau Alaska  99803-4159                                                                                                       
POSITION STATEMENT:  Testified against HB 456 on behalf of the                                                                  
Division of Investments.                                                                                                        
                                                                                                                                
JAMIE ROSS, Fisherman                                                                                                           
(No address provided)                                                                                                           
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  Testified against HB 456, saying he would                                                                  
not want to see the state loan program changed.                                                                                 
                                                                                                                                
JERRY SPENCER, Fisherman                                                                                                        
2142 Trent Avenue                                                                                                               
Tucson, Arizona  85716                                                                                                          
POSITION STATEMENT:  Testified on HB 456, saying the state                                                                      
should see the value in getting some loan payments instead of                                                                   
none.                                                                                                                           
                                                                                                                                
CORA CROME                                                                                                                      
Petersburg Vessel Owners Association                                                                                            
P.O. Box 232                                                                                                                    
Petersburg, Alaska  99833                                                                                                       
POSITION STATEMENT:  Testified against HB 456, saying the state                                                                 
loan fund helps bring new fishermen into the business.                                                                          
                                                                                                                                
PAUL SEATON                                                                                                                     
58395 Bruce Street                                                                                                            
Homer, Alaska  99603                                                                                                            
POSITION STATEMENT:  Testified against HB 456.                                                                                  
                                                                                                                                
KENNETH MACK, SR., Fisherman                                                                                                    
5301 Trena Street                                                                                                               
Anchorage, Alaska  99507                                                                                                        
POSITION STATEMENT:  Testified against HB 456.                                                                                  
                                                                                                                                
BRUCE MARIFERN, Fisherman                                                                                                       
P.O. Box 917                                                                                                                    
Petersburg, Alaska  99833                                                                                                       
POSITION STATEMENT:  Testified against HB 456.                                                                                  
                                                                                                                                
MIKE HEIMBUCH                                                                                                                   
4540 Anderson Street                                                                                                            
Homer, Alaska  99603                                                                                                            
POSITION STATEMENT:  Testified against HB 456 as a participant                                                                  
in state and CFAB loans.                                                                                                        
                                                                                                                                
MARILYN MENISH MEUCCI, Fisherman                                                                                                
P.O. Box 1076                                                                                                                   
Petersburg, Alaska  99833                                                                                                       
POSITION STATEMENT:  Testified against HB 456.                                                                                  
                                                                                                                                
STEVE BROWN, Fisherman                                                                                                          
35717 Park Road                                                                                                                 
Homer, Alaska  99603                                                                                                            
POSITION STATEMENT:  Testified in opposition to HB 456.                                                                         
                                                                                                                                
ALAN OTNESS, Fisherman;                                                                                                         
CFAB Board Member                                                                                                               
P.O. Box 317                                                                                                                    
Petersburg, Alaska  99833                                                                                                       
POSITION STATEMENT:  Testified in support of HB 456.                                                                            
                                                                                                                                
BRUCE HENDRICKSON, Fisherman                                                                                                    
P.O. Box 1439                                                                                                                   
Homer, Alaska  99603                                                                                                            
POSITION STATEMENT:  Testified on HB 456.                                                                                       
                                                                                                                                
SUE ASPELUND                                                                                                                    
Cordova District Fishermen United                                                                                               
P.O. Box 939                                                                                                                    
Cordova, Alaska  99574                                                                                                          
POSITION STATEMENT:  Testified against HB 456.                                                                                  
                                                                                                                                
GERALD (JERRY) McCUNE, Lobbyist                                                                                                 
for United Fishermen of Alaska (UFA)                                                                                            
211 Fourth Street, Suite 110                                                                                                    
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified on HB 456, saying that trading                                                                   
one loan for another will not help the industry.                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-10, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR  GARY  STEVENS called  the  House  Special Committee  on                                                               
Fisheries meeting to  order at 3:31 p.m.  Members  present at the                                                               
call  to  order  were Representatives  Stevens,  Wilson,  Scalzi,                                                               
Coghill,  and  Kerttula.     Representatives  Kapsner  and  Dyson                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 456-COMMERCIAL FISHING LOAN PROGRAM                                                                                        
                                                                                                                                
[Contains discussion relating to SB 329]                                                                                        
                                                                                                                                
CO-CHAIR STEVENS  announced that the matter  before the committee                                                               
was  HOUSE BILL  NO.  456,  "An Act  relating  to the  commercial                                                               
fishing loan program; and providing for an effective date."                                                                     
                                                                                                                                
Number 0105                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL,  sponsor of  HB 456, presented  the bill.                                                               
He said during  a time when there are such  significant issues in                                                               
the fishing industry,  this bill would create no small  stir.  It                                                               
asks  a fundamental  question:   "At what  point does  government                                                               
compete  with  another  private  entity;  at  what  point  do  we                                                               
subsidize."   He told the  committee there are fishermen  who are                                                               
servicing debt with  private banks or the  Commercial Fishing and                                                               
Agriculture Bank (CFAB).   Others within the fleet  have the same                                                               
types of loans with the  state, and under certain conditions have                                                               
been allowed  to extend or delay  some of the servicing  of their                                                               
debt.  This situation puts certain fishermen at a disadvantage.                                                                 
                                                                                                                                
REPRESENTATIVE COGHILL  informed members that HB  456 would limit                                                               
the  scope of  loans in  the [Commercial  Fishing Revolving  Loan                                                               
Fund], reduce  the prequalifying loan  fee from $200 to  $50, and                                                               
limit the amount that could be  borrowed to $35,000.  He said the                                                               
bill was not brought forth  with the intention of hurting people,                                                               
and it  would be  wrong to  change the  terms of  existing loans.                                                               
The industry has a growing  liability and is overcapitalized.  He                                                               
made it  clear that CFAB  would be able  to buy [the  loans], but                                                               
that it would not be mandated.                                                                                                  
                                                                                                                                
Number 0544                                                                                                                     
                                                                                                                                
ED CRANE,  President, Alaska  Commercial Fishing  and Agriculture                                                               
Bank (CFAB), testified  that CFAB supports the bill.   First, the                                                               
bill is good  fiscal policy.  Some basic problems  of the fishing                                                               
industry in  general, and the  salmon fishery in  particular, are                                                               
overcapitalization  and   excess  effort.    He   cited  specific                                                               
legislation that had gone through  the House Special Committee on                                                               
Fisheries and other efforts to  reduce the number of fishermen on                                                               
the  grounds.   He said  buybacks  and similar  programs make  no                                                               
sense when the  state continues to "pour public money  in [to the                                                               
fishing industry] on an indiscriminate basis."                                                                                  
                                                                                                                                
Number 0782                                                                                                                     
                                                                                                                                
MR. CRANE referred  to page 7, Section 12, line  13, of the bill.                                                               
He said  that portion would  mandate the liquidation  of existing                                                               
loans.  He  assured the committee that the  liquidation would not                                                               
be a "fire  sale."  The intent  is to turn [the  loans] into cash                                                               
as the  cash becomes available.   He gave  the example of  a loan                                                               
with 12 years of payments outstanding;  it would take 12 years to                                                               
liquidate the loan.   He assured the committee  that those people                                                               
with loans outstanding are  constitutionally protected from their                                                               
loan's terms being changed.                                                                                                     
                                                                                                                                
Number 0970                                                                                                                     
                                                                                                                                
MR. CRANE  noted that Section  12 specifies that  the liquidation                                                               
process  may  include the  negotiated  sale  of loans  and  other                                                               
assets;  CFAB is  listed because  it is  the only  private entity                                                               
that can take or  enforce a lien on a limited  entry permit.  Mr.                                                               
Crane  said  CFAB had  no  interest  in  buying the  Division  of                                                               
Investments' loan portfolio, because of  a lack of staff required                                                               
for such  a task; furthermore,  CFAB's lender would not  be quick                                                               
to provide  the money.   If the  Division of Investments  were to                                                               
approach CFAB with  specific loans for sale,  however, CFAB might                                                               
consider  buying them  upon close  consideration.   He said  CFAB                                                               
wasn't coveting the state's loan portfolio.                                                                                     
                                                                                                                                
MR. CRANE  pointed out  that paragraph (2)  of Section  12 allows                                                               
for a  financial institution to  be an agent  to "do the  job for                                                               
the Division of Investments."  He  said he could see CFAB filling                                                               
that role.   Nothing [in  the bill] mandates that  appointment of                                                               
agency,  but it  does  mandate the  orderly liquidation  process.                                                               
Section 11  requires the Commercial  Fishing Revolving  Loan Fund                                                               
to make an  annual report to the legislature on  the state of its                                                               
finances.   He remarked, "It is  time to change public  policy to                                                               
deal with today's realities."                                                                                                   
                                                                                                                                
Number 1300                                                                                                                     
                                                                                                                                
MR.  CRANE  explained   that  the  second  reason   the  bill  is                                                               
attractive  to  [CFAB]  is the  equitability  it  promotes  among                                                               
commercial  fishermen.   He characterized  commercial fishing  as                                                               
competitive.   He  posited that  the state  loans have  created a                                                               
privileged class  with tremendous advantages.   He said  the fund                                                               
has failed to require interest  payments by approximately a third                                                               
of its borrowers; in at least a  couple of cases, as many as four                                                               
years' interest  hasn't been paid.   In the past five  years, the                                                               
fund  has only  collected  approximately 80  percent of  interest                                                               
due.    Mr.  Crane  remarked, "Before  the  most  recent  payment                                                               
season,  they had  over $7  million in  this so-called  deferred-                                                               
interest account - this total of  interest that has not been paid                                                               
by borrowers over the last several years."                                                                                      
                                                                                                                                
Number 1467                                                                                                                     
                                                                                                                                
MR.  CRANE offered  a hypothetical  election funding  analogy, as                                                               
well  as  an  anecdote  about  a fisherman  who  was  not  paying                                                               
interest but who'd been successful  enough in his fishing to take                                                               
his family to Disneyland.                                                                                                       
                                                                                                                                
Number 1715                                                                                                                     
                                                                                                                                
MR. CRANE addressed a third issue,  how he believes the loan fund                                                               
has actually  been a grant  fund.   He characterized some  of the                                                               
credit data CFAB  had procured from the fund  through the Freedom                                                               
of  Information Act  as "shocking."   As  commercial fishing  has                                                               
gotten  tougher, [the  fund's] procedures  have been  liberalized                                                               
without analysis  or discussion.   He called it  "outrageous" and                                                               
"disruptive  to the  market."    He said  it  is  hard for  other                                                               
lenders to  determine "who  the survivors might  be when  we have                                                               
the  Commercial  Fishing  Revolving  Loan Fund  out  there  doing                                                               
irrational things."   There is an examination  of every financial                                                               
institution in the state, but not for the fund.                                                                                 
                                                                                                                                
Number 1871                                                                                                                     
                                                                                                                                
MR. CRANE noted that his  final point dealt with the relationship                                                               
between  the Commercial  Fishing  Revolving Loan  Fund and  CFAB.                                                               
Created  by the  legislature, CFAB  initially was  funded by  $32                                                               
million  of  state  money,  which  was  to  be  returned  by  the                                                               
fishermen with  whom CFAB does  business.   He said CFAB  now has                                                               
$20 million of equity that belongs  to fishermen.  Mr. Crane said                                                               
it  is  his  job  to  protect that  equity,  but  also  said  the                                                               
legislature has  a responsibility  in that task.   He  called the                                                               
state a predator, and said CFAB  is being damaged by the Division                                                               
of  Investments.   He said  CFAB  pays state  and federal  taxes,                                                               
while the Division  of Investments doesn't even  pay filing fees.                                                               
The  bill does  not  dismantle the  Division  of Investments,  he                                                               
said.   Rather, it would bring  [it into a position  where it was                                                               
not competing with private enterprise].                                                                                         
                                                                                                                                
Number 2160                                                                                                                     
                                                                                                                                
GREG WINEGAR,  Director, Division  of Investments,  Department of                                                               
Community   &   Economic   Development,  testified   before   the                                                               
committee.   He said the loan  fund has a very  long track record                                                               
of  helping harvesters  in  the state,  and  has been  successful                                                               
financially.  The division has  had to do some innovative things,                                                               
and the statutes  were crafted with flexibility built  in so that                                                               
the mission  of promoting a predominantly  resident fishery could                                                               
be achieved.   He said the fund's policies  have been implemented                                                               
to deal  with a  dramatically changed  marketplace.   The program                                                               
does not  directly compete with  CFAB, and most of  the borrowers                                                               
would not qualify for CFAB or other private-lender loans.                                                                       
                                                                                                                                
MR.  WINEGAR  noted that  there  is  a  small amount  of  overlap                                                               
[between  CFAB  and the  loan  fund]  because  CFAB is  the  only                                                               
private  lender that  can  secure  a loan  with  a limited  entry                                                               
permit.  He  told the committee the fund has  a tremendous amount                                                               
of oversight; he  spoke of the yearly audits  the fund undergoes.                                                               
Mr. Winegar  said the  fund hasn't  received any  complaints from                                                               
harvesters about unfair advantage amongst  their ranks.  The fund                                                               
has   been   concentrating  on   its   mission:     promoting   a                                                               
predominantly resident fishery.   Pulling the plug on individuals                                                               
would not be a  service to that mission.  He  said the bill would                                                               
adversely affect existing and future borrowers.                                                                                 
                                                                                                                                
Number 2382                                                                                                                     
                                                                                                                                
JAMIE ROSS,  Fisherman, testified via teleconference.   He voiced                                                               
strong opposition  to the  bill.   He told  the committee  he had                                                               
taken five loans with the state,  two of which had been paid off.                                                               
His boat was financed through CFAB.   He said Mr. Crane failed to                                                               
stress   that  the   only  two   financial   entities  that   can                                                               
collateralize commercial  entry permits  are the State  of Alaska                                                               
and CFAB.   The state program  was set up because  of the special                                                               
nature of  permits, which are  use privileges, not property.   If                                                               
the state  program were taken  out of  that unique group  of two,                                                               
CFAB would  be the only  entity entitled to finance  those loans.                                                               
He said  the state gives  a better  interest rate than  CFAB, and                                                               
that is just good business.                                                                                                     
                                                                                                                                
MR. ROSS said  he could appreciate Mr. Crane's  trying to operate                                                               
his business in  a competitive manner, but fishermen  must do the                                                               
same.  Fishermen would not be  making a wise business decision to                                                               
pay  high  interest rates  with  shorter  terms while  the  state                                                               
provides the opportunity to get  extensions and survive the tough                                                               
times.  He warned of  the consequences for fishermen being forced                                                               
out of business.   He told the committee of  the success that the                                                               
Commercial  Fishing Revolving  Loan  Fund helped  bring him,  and                                                               
said he would hate to see it changed  in form.  He said it is the                                                               
time to help people, and not look for ways to hurt them.                                                                        
                                                                                                                                
Number 2653                                                                                                                     
                                                                                                                                
JERRY SPENCER, Fisherman, testified  via teleconference.  He said                                                               
he bought  his Bristol Bay  permit in  1997 for $180,000,  but it                                                               
has since devalued  to $20,000.  He told the  committee he didn't                                                               
make his  state loan payment  this year  after making a  gross of                                                               
$16,000.   He said the state  is charging late fees  and a higher                                                               
interest  percentage.   He said  some money  coming back  [to the                                                               
state] is  better than none.   He shared his assumption  that the                                                               
state is "turning  this over to CFAB to wash  [its] hands of it."                                                               
He  told of  the  hard  times being  experienced  by Bristol  Bay                                                               
gillnet fishermen.   He expressed his wish to see  some help from                                                               
the state.                                                                                                                      
                                                                                                                                
Number 2825                                                                                                                     
                                                                                                                                
CORA CROME,  Petersburg Vessel Owners Association,  testified via                                                               
teleconference.   She expressed her organization's  opposition to                                                               
HB 456.   She told  the committee  that the fund  provides entry-                                                               
level opportunities  to those  who want to  get involved,  and it                                                               
also helps  people expand their  businesses.   Commercial fishing                                                               
is the primary -  and in some cases, the only  - industry in many                                                               
coastal communities.  The loan  program is funded by the interest                                                               
paid by  fishermen.  Even with  Mr. Crane's number of  80 percent                                                               
of interest collected, it is not a grant program.                                                                               
                                                                                                                                
MS. CROME said  fishermen are using this  opportunity and helping                                                               
the economy  of the state.   Limiting  the state loan  to $35,000                                                               
would make  CFAB the  only lender for  permits for  the following                                                               
fisheries:   herring seine; Southeast  Dungeness crab,  king, and                                                               
tanner  crab; or  salmon gillnet.   That  would not  be good  for                                                               
fishermen.   She said the  program has an admirable  purpose, and                                                               
it shouldn't be  modified.  She characterized the bill  as a step                                                               
in the wrong direction.                                                                                                         
                                                                                                                                
Number 2970                                                                                                                     
                                                                                                                                
PAUL  SEATON testified  via teleconference,  noting  that he  had                                                               
neither a  CFAB nor a  state loan.   He stated his  opposition to                                                               
the $35,000 limit on loans as written in HB 456.                                                                                
                                                                                                                                
TAPE 02-10, SIDE B                                                                                                              
Number 2998                                                                                                                     
                                                                                                                                
MR. SEATON  expressed concern about  CFAB's having a  monopoly on                                                               
loans.   He  raised the  issue  of SB  329 and  its allowance  of                                                               
Community  Development  Quota   (CDQ)  corporations  to  purchase                                                               
limited entry  permits.   He said CDQ  groups currently  have the                                                               
ability under  the state  fund to  be able  to deposit,  and loan                                                               
money to  keep boats  and permits  within the  state.   This bill                                                               
would eliminate  that possibility  and allow CDQ  corporations to                                                               
own  permits -  a circumstance  he opposes.   He  said he  wasn't                                                               
averse to  lowering the  amount of  loans from  90 percent  to 80                                                               
percent of value,  as stated in the  bill on page 4, line  6.  He                                                               
suggested that  in cases of foreclosure  on non-performing loans,                                                               
perhaps the permits should be retired instead of reissued.                                                                      
                                                                                                                                
Number 2857                                                                                                                     
                                                                                                                                
KENNETH MACK,  SR., Fisherman, testified  via teleconference.   A                                                               
member of  CFAB, he said  the provision  in Section 12  "that the                                                               
state would liquidate  all loans" made it appear to  him that the                                                               
whole portfolio would  have to go.  He said  [the money made from                                                               
his halibut fishing]  was keeping him in the  salmon fishery; the                                                               
same is true for many people in  his area.  He told the committee                                                               
that  $35,000 would  not purchase  very much  [Individual Fishery                                                               
Quota (IFQ)  for halibut].   He said  he was currently  trying to                                                               
refinance  his vessel  with  a  state loan  because  it is  smart                                                               
business to take advantage of the low interest rates.                                                                           
                                                                                                                                
Number 2698                                                                                                                     
                                                                                                                                
BRUCE  MARIFERN, Fisherman,  testified  via  teleconference.   He                                                               
said  he  had   a  couple  of  loans  through   the  Division  of                                                               
Investments, one of which he'd paid  off already.  The other loan                                                               
was for  a Prince William Sound  permit bought a week  before the                                                               
Exxon Valdez oil spill [ruined  the fishery]; it was an expensive                                                               
permit, and the state was very  helpful to him by allowing him to                                                               
make payments on the interest only.   He said capping the loan at                                                               
$35,000 or even  $75,000 would effectively eliminate  a source of                                                               
money.  The  effect on the 2,000 fishermen who  use the loan fund                                                               
would be tremendous  if it were taken away.   He characterized it                                                               
as a bad time to call all  the notes, when so many fishermen need                                                               
help.  He said he was not in support of HB 456.                                                                                 
                                                                                                                                
Number 2621                                                                                                                     
                                                                                                                                
MIKE HEIMBUCH testified  via teleconference, noting that  he is a                                                               
state and CFAB loan participant.   He expressed his understanding                                                               
that  the   loan  was  instituted  to   shield  [fishermen]  from                                                               
financial institutions, and to promote  resident fisheries.  Even                                                               
with [CFAB's] reformed amortization  policies, many people in the                                                               
state have a distaste  for CFAB.  He said he did  not see CFAB as                                                               
a good alternative  to the state loan program.   This bill is set                                                               
up to push and enhance [CFAB's]  reputation at the expense of the                                                               
state loan program; it is a bad deal.                                                                                           
                                                                                                                                
Number 2555                                                                                                                     
                                                                                                                                
MARILYN MENISH  MEUCCI, Fisherman, testified  via teleconference.                                                               
She told  the committee she  and her  husband had paid  off their                                                               
Bristol Bay  permit loan, but  still have a loan  outstanding for                                                               
their  boat.   She voiced  opposition to  HB 456.   She  said the                                                               
[legislature]  had not  thought out  clearly how  the bill  would                                                               
affect fishing families  and their communities.  Now  is the time                                                               
to think  of how to help  fishing families.  She  said her family                                                               
does not take  vacations, and her husband has  taken jobs outside                                                               
of fishing  in order to  survive.   She pointed out  how Congress                                                               
stands  behind farmers  with money  and loans.   She  said Alaska                                                               
should stand behind its fishermen and fishing communities.                                                                      
                                                                                                                                
Number 2497                                                                                                                     
                                                                                                                                
STEVE BROWN,  Fisherman, testified via teleconference,  saying he                                                               
would echo many  of the previous testifier's  comments against HB
456.  The $35,000 limit on the loan  would not be much of a help;                                                               
it  might as  well  be  zero.   He  expressed  concern about  the                                                               
statutory  changes regarding  interest  rates.   Eliminating  the                                                               
state's flexibility in modifying loans  [would be a poor action].                                                               
He told  the committee that  an extension  for a person  isn't an                                                               
unfair  advantage because  those with  their loans  paid off  are                                                               
tying their  boats up and leaving  the fisheries.  Those  who got                                                               
in at  an unfortunate time are  still working hard and  trying to                                                               
survive.   He  said  these fishermen  appreciate the  flexibility                                                               
being  given by  state, and  the  state should  be applauded  for                                                               
that, not punished.                                                                                                             
                                                                                                                                
Number 2365                                                                                                                     
                                                                                                                                
ALAN  OTNESS,   Fisherman;  CFAB  Board  Member,   testified  via                                                               
teleconference.    He  expressed  concern for  the  longevity  of                                                               
[CFAB] programs and  members' equity.  He  characterized these as                                                               
trying times  in the salmon  industry.  He extended  his sympathy                                                               
for those  affected, but said there  are two groups:   those with                                                               
CFAB  loans   and  those   with  loans   from  the   Division  of                                                               
Investments.  He said both groups are in trouble.                                                                               
                                                                                                                                
MR.  OTNESS told  the committee  CFAB should  not be  punished by                                                               
what  he  considered  the   Division  of  Investments'  predatory                                                               
practices.  He  said discrediting the $20 million  in CFAB equity                                                               
was disconcerting  to him.  He  said the issue was  making things                                                               
equitable  between  both  groups.   The  loan  policies  for  the                                                               
Division of  Investments haven't  been consistent, and  they need                                                               
to be  examined and  changed.   If changes  are not  made, CFAB's                                                               
equity will go away as well.  He expressed support for HB 456.                                                                  
                                                                                                                                
Number 2226                                                                                                                     
                                                                                                                                
BRUCE HENDRICKSON, Fisherman,  testified via teleconference.   He                                                             
told the committee  that the gillnet operation which  he took out                                                               
a state  loan to finance  was worth ten  cents on the  dollar for                                                               
what he'd  paid for it;  if HB 456 is  passed, he expects  to see                                                               
CFAB attempt to  take away his permit.  He  said, "House Bill 456                                                               
will be used to steal from  those who have paid the largest share                                                               
of their life's earnings to  acquire formerly overvalued assets."                                                               
The Division  of Investments has done  a good job carrying  out a                                                               
mission far different from CFAB's.                                                                                              
                                                                                                                                
MR.  HENDRICKSON  said  he was  encouraged  by  "former  director                                                               
Richardson" to take  out a loan from the state.   Loan extensions                                                               
and modifications have helped to  avert disaster in fishing towns                                                               
all over  the state.  He  said CFAB hasn't granted  extensions as                                                               
frequently  because it  is  more oriented  toward  profits.   Mr.                                                               
Hendrickson expressed his wish that  if CFAB needs an infusion of                                                               
capital, it  would get  it from somewhere  other than  those with                                                               
the least  to give.  He  suggested that the bill  might be looked                                                               
at as a request [for the state] to help CFAB in some way.                                                                       
                                                                                                                                
Number 2072                                                                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON expressed  understanding  that people  have                                                               
strong feelings  on the  issue, but he  warned that  equating not                                                               
giving an extension on a  loan with stealing is an overstatement.                                                               
He said  people who issue  loans should  not be accused  of being                                                               
thieves unless someone is willing to bring an indictment.                                                                       
                                                                                                                                
Number 1996                                                                                                                     
                                                                                                                                
SUE ASPELUND,  Cordova District  Fishermen United,  testified via                                                               
teleconference.   She  told the  committee that  her organization                                                               
could not  support the  legislation.   She said  HB 456  "guts" a                                                               
program  upon which  thousands of  fishing families  depend.   An                                                               
evaluation  of the  program  is appropriate,  but  she said  this                                                               
isn't the  appropriate time to  make such wholesale changes  to a                                                               
program  with such  huge ramifications  to so  many people.   She                                                               
said "forced  economic attrition" was  not a prudent  response to                                                               
the industry's crisis.                                                                                                          
                                                                                                                                
Number 1931                                                                                                                     
                                                                                                                                
GERALD (JERRY)  McCUNE, Lobbyist  for United Fishermen  of Alaska                                                               
(UFA), testified  before the committee.   He  characterized [both                                                               
CFAB and Division of Investments  loans] as very important to the                                                               
fishing  industry.   He  reminded the  committee  that the  loans                                                               
apply to  residents only.   He  said many  people are  in trouble                                                               
because  of failing  fisheries.   He gave  examples of  fisheries                                                               
composed of hardworking  people who want to  make their payments;                                                               
they have no recourse and no way  to make money.  He said trading                                                               
one  loan  for  another  would  not  help  [the  industry].    He                                                               
concluded, "If they are a little  bit creative on one side or the                                                               
other, ...  so be  it.  Let's  try to keep  these permits  in the                                                               
hands of residents."                                                                                                            
                                                                                                                                
Number 1749                                                                                                                     
                                                                                                                                
REPRESENTATIVE SCALZI said  everything about commercial fisheries                                                               
must be looked  at, including loans.  He asked  if the CFAB board                                                               
was in support of the bill, and  if it was behind the drafting of                                                               
the bill.                                                                                                                       
                                                                                                                                
MR. CRANE  said the  board was  behind the bill,  but it  was not                                                               
behind its drafting.                                                                                                            
                                                                                                                                
REPRESENTATIVE SCALZI  referred to Mr. Crane's  comment that "the                                                               
commercial fishing industry  effort is a bad risk."   He asked if                                                               
eliminating  the Division  of Investment  loans  would make  CFAB                                                               
less likely to invest in the commercial fishing industry.                                                                       
                                                                                                                                
MR. CRANE stressed  that neither the bill nor CFAB  was intent on                                                               
dismantling the  Division of Investments.   He clarified  that he                                                               
did not  believe financing commercial  fishermen was a  bad thing                                                               
to do  "in a  general sense."   To continue  to put  public money                                                               
into an activity  that is supposed to be giving  money back makes                                                               
no sense, however.   He asked that the legislature  not call it a                                                               
loan program because [the division]  does not make decisions like                                                               
a loan program would.                                                                                                           
                                                                                                                                
Number 1477                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SCALZI asked  why the  issue had  come to  a head                                                               
recently, after 20 years of success.                                                                                            
                                                                                                                                
MR. CRANE  said the business  of CFAB  and the state's  loan fund                                                               
have  gotten tougher.   He  posited  that as  things have  gotten                                                               
tougher, the division has gotten  more "innovative" from a credit                                                               
standpoint.  In  the last four or five years,  both the loan fund                                                               
and the industry have experienced more problems.                                                                                
                                                                                                                                
REPRESENTATIVE SCALZI  asked Mr.  Crane to  validate some  of the                                                               
improprieties he'd  spoken of earlier,  by sending  some evidence                                                               
in writing.  He asked specifically what was meant by the "one-                                                                  
third getting the 'special deal.'"                                                                                              
                                                                                                                                
Number 1358                                                                                                                     
                                                                                                                                
MR. CRANE  said there were  2,100 borrowers from the  state fund;                                                               
700 of  them have  not paid interest  for up to  four years.   He                                                               
said with government loan programs, "nobody knows what's there."                                                                
                                                                                                                                
REPRESENTATIVE SCALZI asked if things  were so subversive that an                                                               
audit was in order.                                                                                                             
                                                                                                                                
MR. CRANE  said he'd been "an  examiner" and that what  he'd seen                                                               
in the division files was "outrageous."                                                                                         
                                                                                                                                
REPRESENTATIVE SCALZI said  he was informed by  the division that                                                               
approximately 22 percent of its  loans were in arrears because of                                                               
[the fishing industry's problems] in  recent years.  He asked the                                                               
amount of CFAB loans in arrears.                                                                                                
                                                                                                                                
MR.  CRANE  replied that  it  was  probably  close to  that  same                                                               
amount.   He said he  didn't understand  [Representative Scalzi's                                                               
figure]  because the  division was  quoted a  few weeks  prior as                                                               
saying that  only 3.5 percent of  its loans were in  default.  He                                                               
expressed   skepticism about such  statistics that come  from the                                                               
division,  saying  the  way  it  accounts  for  delinquencies  is                                                               
unorthodox.                                                                                                                     
                                                                                                                                
Number 1187                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON agreed that for  fishing to survive, it will                                                               
take more efficient effort and  fewer boats.  Fishermen will also                                                               
have to be able to move quickly  from one fishery to another.  He                                                               
said  if all  that is  true, $35,000  doesn't seem  helpful.   He                                                               
asked how the figure was arrived at.                                                                                            
                                                                                                                                
MR. CRANE said $35,000 is provided  for certain kinds of loans in                                                               
the existing  statute.  He  reminded the committee that  the bill                                                               
provides for up  to two loans for  a total of $70,000.   He said,                                                               
"That ...  is within  the context of  the mission  statement, ...                                                               
that  they are  to  do  business in  those  areas not  adequately                                                               
served  by the  private  sector."   He  told  the committee  that                                                               
anybody  who is  creditworthy  can  borrow from  CFAB  as far  as                                                               
permits  are  concerned,  and   many  institutions  will  finance                                                               
vessels.                                                                                                                        
                                                                                                                                
Number 1027                                                                                                                     
                                                                                                                                
CO-CHAIR  STEVENS  voiced his  concern  about  the difference  of                                                               
opinion between Mr. Crane and Mr.  Winegar as to what the meaning                                                               
of "orderly liquidation" really is.                                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL said he'd gone  to the drafter for a legal                                                               
opinion.  He  offered to amend [the bill] to  clarify intent.  He                                                               
asked Mr.  Crane where he got  his figure of $22  million on hand                                                               
at the [Division] if Investments.                                                                                               
                                                                                                                                
Number 0950                                                                                                                     
                                                                                                                                
MR.  CRANE  answered  that  the  division  had  reported,  as  of                                                               
September 30, [2002],  that it had $18 million cash  on hand.  He                                                               
offered his  assumption that the division  would receive combined                                                               
interest and  principal payments  of $10  million to  $15 million                                                               
dollars in  October.   He said  he would  expect the  division to                                                               
have $25 million or more in cash.                                                                                               
                                                                                                                                
REPRESENTATIVE  SCALZI asked  if an  applicant had  to be  turned                                                               
down by at least two  lending institutions before the state would                                                               
pick up a loan.                                                                                                                 
                                                                                                                                
MR. CRANE  said that  was no  longer correct.   The  statute says                                                               
[the division] cannot  make a quota-share loan to  someone who is                                                               
eligible to borrow  from another financial institution.   He said                                                               
that policy is violated routinely.                                                                                              
                                                                                                                                
Number 0762                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SCALZI  said  it  is a  contradiction  that  [the                                                               
division and CFAB] are competing in  the private sector.  He told                                                               
Mr. Crane  it seems  it was  set up statutorily  that there  is a                                                               
distinction  between the  private  sector and  people who  cannot                                                               
qualify for other loan programs.                                                                                                
                                                                                                                                
MR. CRANE said that only applies to quota-share loans.                                                                          
                                                                                                                                
Number 0692                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL  requested that  the committee  allow some                                                               
more hearings  of the bill.   The health of the  fishing industry                                                               
is a  broader discussion.  He  said stealing from people  was not                                                               
his intention, but  he'd like to limit  [the state's involvement]                                                               
to  those places  where it  is clearly  outside of  a competitive                                                               
area.   He  stated  his  openness to  discussion  on the  $35,000                                                               
limit,  but said  there must  be a  discussion on  capitalizing a                                                               
fishing industry  when there isn't  room for everybody.   He said                                                               
he had  no intention to  cut anyone off.   The bill  would simply                                                               
say, "From this  day forward ... we just can't  afford to go down                                                               
this road any further."  [HB 456 was held over.]                                                                                
                                                                                                                              
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries  meeting was  adjourned at  5:03                                                               
p.m.                                                                                                                            
                                                                                                                                

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