Legislature(1993 - 1994)
02/01/1993 08:30 AM House FSH
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON FISHERIES
February 1, 1993
8:30 a.m.
MEMBERS PRESENT
Representative Carl E. Moses, Chair
Representative Harley Olberg, Vice Chair
Representative Gail Phillips
Representative Irene Nicholia
Representative Cliff Davidson
MEMBERS ABSENT
None
OTHER MEMBERS PRESENT
Representative Ben Grussendorf
Representative John Davies
Representative Bill Williams
Representative Jeannette James
COMMITTEE CALENDAR
Overview: Alaska Department of Fish and Game
WITNESS REGISTER
Stephen M. White
Assistant Attorney General
Alaska Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
Phone: 465-6724
Position Statement: Commented on and gave a brief overview
of the lawsuits involving subsistence
and offshore fisheries
Representative Ben Grussendorf
State Capitol, Room 415
Juneau, Alaska 99811-1182
Phone: 465-3824
Position Statement: Compared migration and management of
fish in navigable waters
Ron Somerville, Deputy Commissioner
Alaska Department of Fish & Game
P.O. Box 25526
Juneau, AK 99802-5526
Phone: 465-4100
Position Statement: Commented on expense involved in
fighting the lawsuits
Frank M. Homan, Commissioner
Commercial Fisheries Entry Commission
Alaska Department of Fish & Game
8800 Glacier Highway, Suite 109
Juneau, AK 99801-8079
Phone: 789-6160
Position Statement: Commented on the details of the five
Limited Entry Fishing Permits held by
the IRS
Representative Bill Williams
State Capitol, Room 128
Juneau, AK 99811-1182
Phone: 465-3424
Position Statement: Inquired about permits currently held by
the IRS
ACTION NARRATIVE
TAPE 93-2, SIDE A
Number 000
CHAIRMAN CARL MOSES called the meeting to order at 8:39 a.m.
He noted all members in attendance and asked Steve White to
discuss the lawsuits involving fisheries.
STEPHEN M. WHITE, ASSISTANT ATTORNEY GENERAL, highlighted
the 22 cases in the packets and noted that most problems
stemmed from interpreting the Alaska National Interest Lands
Conservation Act and the natural migration of fish into
federal waters.
REPRESENTATIVE BEN GRUSSENDORF compared the migration of
fish and the management of those fish in navigable waters to
the caribou herds' migration patterns.
REPRESENTATIVE CLIFF DAVIDSON questioned whether there were
sufficient funds to pay for the litigation.
RON SOMERVILLE, DEPUTY COMMISSIONER, ALASKA DEPARTMENT OF
FISH AND GAME (ADF&G), noted Judge Holland had all these
cases and was not taking the issue lightly.
TAPE 93-2, SIDE B
Number 000
FRANK HOMAN, COMMISSIONER, COMMERCIAL FISHERIES ENTRY
COMMISSION, said when the IRS was challenged on issues, the
Attorney General's office handled them. He further stated
that the Limited Entry Permits were auctioned off to
individuals, not to corporations or companies.
MR. HOMAN commented that if that permit was the sole source
of food for a family, it would not be taken away as it would
cause undue hardship on that family.
REPRESENTATIVE GAIL PHILLIPS questioned how long the IRS
would hold the five permits, who would pay the taxes on
those permits while they were held by the IRS, and how the
fishermen were expected to pay taxes on their permits when
fish runs were very low.
MR. SOMERVILLE responded by assuring that the IRS was
attempting to work with fishermen on an individual basis.
REPRESENTATIVE BILL WILLIAMS asked what would happen to the
five permits currently held by the IRS.
MR. SOMERVILLE stated that each of those five permits were
still in the original owner's names, yet they were held by
the IRS.
ADJOURNMENT
CHAIRMAN MOSES asked members and the public if there were
further comments. Hearing none, he adjourned the meeting at
9:45 a.m.
Attached: Memorandum from Department of Law noting
significant fishery lawsuits
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