03/29/2016 10:00 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation(s): Alaska Board of Fisheries (bof) | |
| HB241 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 241 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
March 29, 2016
10:04 a.m.
MEMBERS PRESENT
Representative Louise Stutes, Chair
Representative Neal Foster
Representative Bob Herron
Representative Charisse Millett
Representative Jonathan Kreiss-Tomkins
Representative Dan Ortiz
MEMBERS ABSENT
Representative Craig Johnson
COMMITTEE CALENDAR
CONFIRMATION(S): ALASKA BOARD OF FISHERIES (BOF)
Alan Cain - Anchorage, Alaska
- CONFIRMATION(S) ADVANCED
HOUSE BILL NO. 241
"An Act relating to the nonresident surcharge for commercial
fishing permits."
- MOVED HB 241 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 241
SHORT TITLE: NONRESIDENT SURCHARGE COMMERCIAL FISHING
SPONSOR(s): REPRESENTATIVE(s) MILLETT
01/19/16 (H) PREFILE RELEASED 1/15/16
01/19/16 (H) READ THE FIRST TIME - REFERRALS
01/19/16 (H) FSH, FIN
03/17/16 (H) FSH AT 10:00 AM GRUENBERG 120
03/17/16 (H) Heard & Held
03/17/16 (H) MINUTE (FSH)
03/29/16 (H) FSH AT 10:00 AM GRUENBERG 120
WITNESS REGISTER
ALAN CAIN, Appointee
Alaska Board of Fisheries (BOF)
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Board
of Fisheries (BOF).
GRACE ABBOTT, Staff
Representative Charisse Millett
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 241, on behalf of
Representative Millett, prime sponsor.
BENJAMIN BROWN, Commissioner
Commercial Fisheries Entry Commission (CFEC)
Alaska Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the hearing
of HB 241.
KEVIN BROOKS, Deputy Commissioner
Alaska Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the hearing
on HB 241.
ACTION NARRATIVE
10:04:17 AM
CHAIR LOUISE STUTES called the House Special Committee on
Fisheries meeting to order at 10:04 a.m. Representatives
Stutes, Ortiz, Heron, and Kreiss Tompkins were present at the
call to order. Representatives Millett and Foster arrived as
the meeting was in progress.
^CONFIRMATION(S): ALASKA BOARD OF FISHERIES (BOF)
CONFIRMATION(S):
ALASKA BOARD OF FISHERIES (BOF)
10:05:15 AM
CHAIR STUTES announced that the first order of business would be
appointment(s) to the Alaska Board of Fisheries (BOF).
CHAIR STUTES advised the committee that signing the reports
regarding the appointments to boards and commissions in no way
reflects individual members' approval or disapproval of the
appointees, and that the nominations are merely forwarded to the
full legislature for confirmation or rejection.
10:05:30 AM
ALAN CAIN, Appointee, Alaska Board of Fisheries (BOF), stated a
brief biography that included 40 years of experience directly
performing or supporting enforcement and protection of fish and
game resources in Alaska. Additionally, he said that for
fifteen years he has attended all statewide BOF meetings,
through entire cycles, occupying a seat at the table as the
board enforcement advisor. Regarding his philosophy, he said
his first and abiding concern is for the health and
sustainability of Alaska's fisheries and shellfish populations;
the needs of the people of the state are of equal concern.
Throughout his career he has had the opportunity to visit
subsistence fish camps, been aboard harvesting vessels, and
participated in fishing across the state, using a variety of
gear types, gaining a wide spectrum of experience.
10:07:28 AM
REPRESENTATIVE HERRON asked if he is a current contractor to the
BOF.
MR. CAIN responded, "No;" however, he said he does have a
contract with ADF&G to provide enforcement advice and training.
REPRESENTATIVE HERRON inquired whether he is a retired state
employee.
MR. CAIN answered, "Yes."
10:09:12 AM
REPRESENTATIVE ORTIZ asked what challenges the appointee expects
to be met with upon taking his seat on the board.
MR. CAIN replied that sustainable harvest allocations are a
passionate area that must be addressed on an ongoing basis. He
predicted this to be the toughest challenge.
REPRESENTATIVE ORTIZ asked for an opinion on how well the board
has fulfilled that mission in the past.
MR. CAIN deemed that the process used is fair, and the manner in
which the BOF has handled sustainable harvest allocations has
been impressive.
10:12:27 AM
CHAIR STUTES asked whether he has commercially fished.
MR. CAIN responded that as a teenager he worked on a purse
seiner for two seasons, as well as on a crabber in the Bering
Sea. He said he has also participated, to some degree, in
nearly every type of fishery.
10:13:55 AM
REPRESENTATIVE HERRON asked whether he has had occasion to
attend any BOF meetings since his appointment.
MR. CAIN said, "No."
REPRESENTATIVE HERRON stressed that sitting on the board versus
in the gallery is a very different experience.
10:15:35 AM
CHAIR STUTES opened public testimony. Seeing no respondents she
then closed public testimony.
10:15:59 AM
REPRESENTATIVE HERRON moved to advance the confirmation of Alan
Cain, appointee to the Alaska Board of Fisheries (BOF), to a
joint session of the House and Senate for consideration. There
being no objection, the confirmation was advanced.
10:16:27 AM
The committee took an at-ease from 10:16 a.m. to 10:18 a.m.
HB 241-NONRESIDENT SURCHARGE COMMERCIAL FISHING
10:18:18 AM
CHAIR STUTES announced that the final order of business would be
HOUSE BILL NO. 241, "An Act relating to the nonresident
surcharge for commercial fishing permits."
10:18:48 AM
GRACE ABBOTT, Staff, Representative Charisse Millett, Alaska
State Legislature, focused on the outstanding questions, from
the previous hearings on HB 241, regarding establishment of
residency and use of the permanent fund dividend (PFD) resident
determination criteria, as an interface program. The bill
limits the definition of residency to the PFD statutes related
to residency; AS 43.23.005 subsection (2)-(7), which read:
Sec. 43.23.005. Eligibility.
(a) An individual is eligible to receive one
permanent fund dividend each year in an amount to be
determined under AS 43.23.025 if the individual
(1) applies to the department;
(2) is a state resident on the date of
application;
(3) was a state resident during the entire
qualifying year;
(4) has been physically present in the state for
at least 72 consecutive hours at some time during the
prior two years before the current dividend year;
(5) is
(A) a citizen of the United States;
(B) an alien lawfully admitted for permanent
residence in the United States;
(C) an alien with refugee status under federal
law; or
(D) an alien that has been granted asylum under
federal law;
(6) was, at all times during the qualifying year,
physically present in the state or, if absent, was
absent only as allowed in AS 43.23.008; and
(7) was in compliance during the qualifying year
with the military selective service registration
requirements imposed under 50 U.S.C. App. 453
(Military Selective Service Act), if those
requirements were applicable to the individual, or has
come into compliance after being notified of the lack
of compliance.
10:21:52 AM
REPRESENTATIVE MILLETT noted that amendments to the bill,
discussed at the previous hearing, are no longer considered
necessary through the use of the broad language contained in
this section of statutes.
10:22:59 AM
REPRESENTATIVE KREISS-TOMKINS asked what sort of enforcement
actions the commission has taken against anyone in violation of
the current residency requirements. Also, he queried how the
duties for establishing the residency information interface,
employing the PFD statutes, will be organized and handled within
the department.
10:23:58 AM
BENJAMIN BROWN, Commissioner, Commercial Fisheries Entry
Commission (CFEC), Alaska Department of Fish & Game (ADF&G),
directed attention to the four page memo, to himself, from Frank
Glass, Adjudications Project Leader, CFEC, dated March 25, 2016,
which reviews the residency concerns, provides background
information, addresses administrative costs for investigation
and enforcement, and includes recommendations and conclusions.
He pointed out that applicants must sign the completed form,
under penalty of perjury, which includes ticking the box
indicating Alaskan residency. The penalty of perjury in this
situation is referred to as unsworn falsification. With the
passage of HB 241, the application form would be revised to
contain the stricter signed testament for being an Alaskan
resident as defined under the PFD requirements. He reported
that there have been charges brought, when people claim false
residency.
10:26:30 AM
REPRESENTATIVE KREISS-TOMKINS asked for a historic sense of
scale regarding the number of false claims.
MR. BROWN said there are not many offenders, and estimated less
than 100. The process operates on an honor system, and staff do
not work as investigators seeking out violations, but will act
on direct reports.
REPRESENTATIVE KREISS-TOMKINS asked about the organization
aspect for implementing the administrative interface between the
cooperating agencies.
10:27:26 AM
KEVIN BROOKS, Deputy Commissioner, Alaska Department of Fish &
Game (ADF&G), said the administration would be conducted in a
"business as usual" manner, as many functions are similar.
Violators are not actively pursued, but ADF&G works closely with
enforcement agencies.
10:28:31 AM
REPRESENTATIVE ORTIZ inquired whether passage of HB 241 will
enhance the levels of residency verifications and be an
improvement to the situation.
MR. BROWN conjectured that the bill will raise the bar and may
result in a truer assessment of non-resident surcharges.
10:29:47 AM
REPRESENTATIVE HERRON asked what the collateral benefit is to a
permit holder, in not paying the surcharge.
MR. BROWN responded that the surcharge is only $215.00, and many
fishermen may not want to be bothered with the paperwork,
preferring instead to pay the fee.
10:31:07 AM
CHAIR STUTES opened public testimony. Seeing no respondents she
then closed public testimony.
10:31:45 AM
REPRESENTATIVE KREISS-TOMKINS moved to report HB 241 out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HB 241 was reported
from the House Special Committee on Fisheries.
CHAIR STUTES thanked the participants and announced the next
meeting.
10:32:17 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 10:32
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Fisheries - Cain.pdf |
HFSH 3/29/2016 10:00:00 AM |
|
| Support Ruffner Cain Payton - SOKI.pdf |
HFSH 3/29/2016 10:00:00 AM |
|
| Support Ruffner & Cain for BOF -UFA.pdf |
HFSH 3/29/2016 10:00:00 AM |
|
| HB241 Backup CFEC Glass memo on residency claims.pdf |
HFSH 3/29/2016 10:00:00 AM |
HB 241 |