Legislature(2023 - 2024)GRUENBERG 120

03/30/2023 10:00 AM House FISHERIES

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Audio Topic
10:00:53 AM Start
10:01:22 AM HB19
10:25:08 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 19 REGISTRATION OF BOATS: EXEMPTION TELECONFERENCED
Heard & Held
-- Public Testimony --
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         March 30, 2023                                                                                         
                           10:00 a.m.                                                                                           
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Sarah Vance, Chair                                                                                               
Representative Kevin McCabe                                                                                                     
Representative CJ McCormick                                                                                                     
Representative Ben Carpenter                                                                                                    
Representative Louise Stutes                                                                                                    
Representative Rebecca Himschoot                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Craig Johnson                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 19                                                                                                               
"An Act relating to the registration of commercial vessels; and                                                                 
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  19                                                                                                                  
SHORT TITLE: REGISTRATION OF BOATS: EXEMPTION                                                                                   
SPONSOR(s): REPRESENTATIVE(s) STUTES                                                                                            
                                                                                                                                
01/19/23       (H)       PREFILE RELEASED 1/9/23                                                                                

01/19/23 (H) READ THE FIRST TIME - REFERRALS

01/19/23 (H) FSH, RES 02/02/23 (H) FSH AT 10:00 AM GRUENBERG 120 02/02/23 (H) Heard & Held 02/02/23 (H) MINUTE(FSH) 03/07/23 (H) FSH AT 10:00 AM GRUENBERG 120 03/07/23 (H) <Bill Hearing Canceled> 03/27/23 (H) FIN REPLACES RES REFERRAL 03/27/23 (H) BILL REPRINTED 03/30/23 (H) FSH AT 10:00 AM GRUENBERG 120 WITNESS REGISTER DONNA PAGE, Staff Representative Louise Stutes Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Presented HB 19, on behalf of Representative Stutes, prime sponsor. TRACY WELCH, Executive Director United Fishermen of Alaska Petersburg, Alaska POSITION STATEMENT: Offered invited testimony during the hearing on HB 19. JEFFREY SCHMITZ, Director Division of Motor Vehicles Department of Administration Anchorage, Alaska POSITION STATEMENT: Answered questions during the hearing on HB 19. GLENN HAIGHT, Commissioner Commercial Fisheries Entry Commission (CFEC) Juneau, Alaska POSITION STATEMENT: Answered questions during the hearing on HB 19. BRIAN HAWKINS, Port Director/Harbormaster City of Homer; Alaska Association of Harbormasters and Port Administrators Homer, Alaska POSITION STATEMENT: Offered invited testimony during the hearing on HB 19. JERRY MCQUINN Cordova District Fishermen United Cordova, Alaska POSITION STATEMENT: Testified during the hearing on HB 19. ACTION NARRATIVE 10:00:53 AM CHAIR SARAH VANCE called the House Special Committee on Fisheries meeting to order at 10:00 a.m. Representatives McCabe, Stutes, Himschoot, and Vance were present at the call to order. Representative McCormick and Carpenter arrived as the meeting was in progress. HB 19-REGISTRATION OF BOATS: EXEMPTION 10:01:22 AM CHAIR VANCE announced that the only order of business would be HOUSE BILL NO. 19 "An Act relating to the registration of commercial vessels; and providing for an effective date." 10:02:01 AM REPRESENTATIVE STUTES, prime sponsor, reintroduced HB 19 as requested by Chair Vance, and very briefly paraphrased the first few paragraphs of the sponsor statement [included in the committee packet], which read as follows [original punctuation provided]: House Bill 28 exempts active commercial fishing vessels from duplicative registration requirements created by the passage of SB 92, "the derelict vessel bill," in 2018. Specifically, the bill removes the requirement for U.S. Coast Guard (USCG) documented vessels with a current Commercial Fisheries Entry Commission (CFEC) license to register every three years with the Division of Motor Vehicles (DMV). Prior to the passage of SB 92, USCG documented vessels were exempt from DMV registration; however, that exemption was repealed by the bill and as a result, documented vessels now must register with the DMV. 10:03:02 AM DONNA PAGE, Staff, Representative Louise Stutes, Alaska State Legislature, on behalf of Representative Stutes, prime sponsor of HB 19, paraphrased the rest of the sponsor statement [included in the committee packet], which read as follows [original punctuation provided]: The rationale for this requirement was to provide the State and local municipalities with a state-maintained database of who owns and operates vessels in Alaskan waters, as well as how to contact those individuals. However, the database CFEC maintains for commercial fishing vessels was overlooked. Active commercial fishing vessel owners must renew their vessel license annually with the CFEC and the commission provides the necessary contact information in a publicly accessible, state database. Alaska's commercial fishing fleet is the backbone of one of our state's most vital industries. We should not require those vessels to register every three years with the DMV, at additional expense, only to provide information that the State already has through the vessel's annual license renewal process. MS. PAGE added that HB 19 will institute an $8 annual fee for vessels registered with The Commercial Fisheries Entry Commission (CFEC), but this fee will be waived for vessel owners who have paid the current $24 Division of Motor Vehicles(DMV) fee in the past two years. The proceeds of the $8 fee will go towards funding boating safety programs, and she emphasized that it was not an additional fee for vessel owners. 10:05:01 AM MS. PAGE presented the sectional analysis for HB 19 [included in the committee packet], which read as follows [original punctuation provided]: Section 1: Amends AS 05.25.055(i) to exempt U.S. Coast Guard (USCG) documented vessels with a valid license issued by the Commercial Fisheries Entry Commission (CFEC) from the requirement to register with the Division of Motor Vehicles (DMV). Section 2: Adds new subsection (e) to AS 16.05.475 that requires CFEC to assess an $8 registration fee for USCG documented vessels upon a renewal or issuance of a license beginning on January 1, 2024. This fee is in lieu of the current 3-year, $24 registration or renewal fee collected by DMV. Adds new subsection (f) to AS 16.05.475 specifying that fees collected in subsection (e) will be accounted for as provided in AS 05.25.096(b), to be made available to the Department of Administration, the Department of Commerce Community and Economic Development, and the Department of Natural Resources. Section 3: Adds a new section to uncodified law that requires CFEC to waive the $8 registration fee for years that USCG documented vessels have already paid through the 3-year, $24 registration fee with the DMV. Section 4: Adds a new section to the uncodified law that makes Section 1 of this act retroactive to January 1, 2023. Section 5: Establishes an immediate effective date for the remainder of the bill. 10:06:54 AM CHAIR VANCE invited questions from the committee members. REPRESENTATIVE CARPENTER inquired about the purpose of the retroactivity to the beginning of the year. REPRESENTATIVE STUTES replied that it was important because it allows individuals who have already paid duplicate fees to receive credit. 10:08:00 AM CHAIR VANCE proceeded with invited testimony. 10:08:20 AM The committee took a brief at-ease. 10:09:48 AM TRACY WELCH, Executive Director, United Fisherman of Alaska, thanked Representative Stutes and her office for their work on HB 19, especially their work with the Department of Public Safety (DPS) to make sure boats were not being fined. She explained that swift action on this issue was important because currently, many vessel owners have been "exempt", but DPS will not be able to "turn the other way" forever. She believed that HB 19 is a fair fix to the problem and related her organizations full support. CHAIR VANCE asked Ms. Welsh to give a real time account of the impact to the Alaskan fishing fleet when [SB 92] was passed. MS. WELCH related her experience with some of the issues that occurred at local DMVs with the passage of SB 92. This included DMV's running out of the new permit decals and having wait times of up to 3-4 weeks for appointments in some smaller communities. Additionally, she shared that even bigger offices, like Juneau, ran out of stickers quickly. She relayed the sense of uncertainty among vessel owners at that time, which she said still existed. She reported that DMVs are still facing a lack of stickers and a large backlog of permits waiting to be awarded. 10:12:26 AM REPRESENTATIVE MCCABE asked whether the CEFC database could be accessed by DPS. 10:13:11 AM REPRESENTATIVE STUTES responded that DPS can access it through the DMV, as they are both state departments, but she deferred to Commissioner Haight about whether DPS has CEFC access. She reported that HB 19 started as a request from the harbormaster's office, which lead her to presume that access would be possible. 10:13:47 AM REPRESENTATIVE MCCABE restated his question about the two databases being connected by describing a hypothetical emergency where an Alaska State Trooper (AST) may need instantaneous access to permit information. 10:14:25 AM REPRESENTATIVE STUTES sought clarification on whether Representative McCabe was referring to the DMV and the CEFC databases. REPRESENTATIVE MCCABE said yes. REPRESENTATIVE STUTES redirected the question to Commissioner Haight or the Division of Motor Vehicles (DMV). 10:14:56 AM JEFFREY SCHMITZ, Director, Division of Motor Vehicles, Department of Administration (DOA), answered no, the databases are not connected. 10:15:17 AM REPRESENTATIVE MCCABE suggested that since the databases are not connected there may be a time delay for [DPS agents] receiving identifying information about a vessel during emergencies. 10:15:30 AM REPRESENTATIVE STUTES inferred that in order to enter a permit number into either of the databases using the physical sticker, one would be reading it off the stick itself, and therefore able to decipher which database to use depending on which sticker is on the vessel. 10:15:57 AM GLENN HAIGHT, Commissioner, Commercial Fisheries Entry Commission (CFEC), reported that their database was online and [anyone] can access license information by entering in the number found on the decal. They have not had the database on an app to date, but he informed the committee that the CFEC has submitted a request to the House Finance Committee for funding to make that happen. He added that troopers were usually able to access the information before they went onto the water. REPRESENTATIVE MCCABE hypothesized that due to troopers being able to radio into the base, the number of times a year that a significant time delay in information would occur was probably insignificant. 10:16:56 AM CHAIR VANCE asked Representative Stutes to clarify the difference between the DMV and CFEC stickers. 10:17:09 AM REPRESENTATIVE STUTES said the CFEC stickers were required for a commercial vessel that was actively taking place in a fishery, while a DMV sticker was required for a commercial vessel not actively in a fishery. She stated that the objective for having two kinds of permits was to keep track of all commercial vessels to prevent their owners from abandoning a boat at a harbor and avoiding fees associated with abandonment and disposal. 10:18:34 AM BRIAN HAWKINS, Port Director/Harbormaster, City of Homer; Alaska Association of Harbormasters and Port Administrators (AAHPA), testified that he and his organization support HB 19 and its mission to eliminate duplicate permitting. He reported that because ports and harbors have access to permit information through the state, a vessel that was registered through the CFEC process meets the [AAHPA] needs for vessel ownership information. He further stated that AAHPA has passed their own resolution that supports the exemption set forth in HB 19. 10:20:00 AM REPRESENTATIVE CARPENTER inquired about the technical possibility of connecting the two databases. 10:20:36 AM MR. HAIGHT replied that it might be possible, and that the CFEC's Information Technology (IT) department would be most qualified to answer that question, but that the CFEC regularly worked with law enforcement and that the state troopers were very familiar with the CFEC's database. 10:21:19 AM CHAIR VANCE opened public testimony on HB 19. 10:21:32 AM JERRY MCQUINN, Cordova District Fishermen United, opined that [SB 92] is troublesome for fisherman. He said that HB 19 fixes the dual registration issues, noting that DMV permits apply to vessels under five tons. He mentioned that duplicate registration could be violating federal law. 10:23:45 AM CHAIR VANCE closed public testimony on HB 19. CHAIR VANCE wished to look into the possible federal law violation due to duplicate registration that Mr. McQuinn brought up. She stated this may be something that the committee wished to highlight. CHAIR VANCE [announced that HB 19 would be held over.] 10:25:08 AM ADJOURNMENT There being no further business before the committee, the House Special Committee on Fisheries meeting was adjourned at 10:25 a.m.

Document Name Date/Time Subjects
HB 19 - Sponsor Statement version A.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - v.A.PDF HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Sectional Analysis Version A.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research USCG Documentation and Tonnage Brochure 1.25.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research DMV Registration FAQ - CFEC June, 2019 1.25.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research CFEC Vessesl License, Number Plate, and Decal 1.26.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research CFEC Vessel Licensing Forms 1.26.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - Research CFEC Public Database 1.25.23.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - DOA Fiscal Note.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - DNR Fiscal Note.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - ADF&G Fiscal Note.pdf HFSH 2/2/2023 10:00:00 AM
HFSH 3/28/2023 10:00:00 AM
HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - UFA Letter of Support.pdf HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19
HB 19 - CDFU Letter of Support.pdf HFSH 3/30/2023 10:00:00 AM
HFSH 4/11/2023 10:00:00 AM
HB 19