Legislature(1993 - 1994)
03/04/1994 08:30 AM House FSH
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON FISHERIES
March 4, 1994
8:30 a.m.
MEMBERS PRESENT
Representative Carl E. Moses, Chair
Representative Harley Olberg, Vice Chair
Representative Gail Phillips
Representative Cliff Davidson
MEMBERS ABSENT
Representative Irene Nicholia
COMMITTEE CALENDAR
HB 496: "An Act relating to sport fish guides; and
providing for an effective date."
ADOPTED CSHB 496(FSH) AND PASSED OUT OF COMMITTEE
WITNESS REGISTER
PETER ECKLUND, Legislative Staff
Representative William K. Williams
Capitol Building, Room 128
Juneau, Alaska 99801-1182
Phone: 465-3424
POSITION STATEMENT: Presented Sponsor Statement for HB 496
PAUL KRASNOWSKI, Director
Division of Sport Fish
Alaska Department of Fish & Game
1255 W. 8th Street
Juneau, Alaska 99811
Phone: 465-6184
POSITION STATEMENT: Department of Fish & Game supports
HB 496
MICHAEL HEIMBUCH, Legislative Staff
Representative Gail Phillips
Capitol Building, Room 216
Juneau, Alaska 99801-1182
Phone: 465-2689
POSITION STATEMENT: Explained details of amendment one
PREVIOUS ACTION
BILL: HB 496
SHORT TITLE: SPORT FISH GUIDE LICENSING
SPONSOR(S): REPRESENTATIVE(S) WILLIAMS
JRN-DATE JRN-PG ACTION
02/14/94 2381 (H) READ THE FIRST TIME/REFERRAL(S)
02/14/94 2381 (H) FSH, RESOURCES, FINANCE
02/23/94 (H) FSH AT 08:30 AM CAPITOL 17
02/23/94 (H) MINUTE(FSH)
03/04/94 (H) FSH AT 08:30 AM CAPITOL 17
ACTION NARRATIVE
TAPE 94-12, SIDE A
Number 000
HB 496 - SPORT FISH GUIDE LICENSING
CHAIRMAN CARL MOSES called the meeting to order at 8:43 a.m.
Members in attendance were REPRESENTATIVES HARLEY OLBERG,
GAIL PHILLIPS AND CLIFF DAVIDSON. CHAIRMAN MOSES noted HB
496 was on the agenda. The bill has previously been heard
on teleconference and today there are several proposed
amendments. The first amendment is by the sponsor. PETER
ECKLUND, LEGISLATIVE STAFF FOR REPRESENTATIVE WILLIAMS will
discuss the amendment.
Number 019
PETER ECKLUND, LEGISLATIVE STAFF FOR REPRESENTATIVE WILLIAM
K. WILLIAMS, PRIME SPONSOR OF HB 496, advised members that
the first amendment clarifies the intent of the legislature
to deposit the proceeds from the sale of the sport fish
guide licenses and pay the Division of Sport Fish for the
data collection and analysis.
Number 044
REPRESENTATIVE CLIFF DAVIDSON stated that intent language
does not do well with this Administration and asked if Mr.
Ecklund had spoken to the Administration about the issue.
MR. ECKLUND said the issue had just come up recently and he
had not spoken to the Administration.
Number 055
REPRESENTATIVE HARLEY OLBERG asked if anyone knows how
program receipts are designated.
PAUL KRASNOWSKI, Director, Division of Sport Fish, Alaska
Department of Fish & Game, advised members that in the
budgeting process, the department asks for authority to
receive program receipts in the budget. If the legislature
approves the budget, it may or may not approve the authority
for the department to accept program receipts. It is an
annual process.
Number 085
REPRESENTATIVE OLBERG MOVED and asked UNANIMOUS CONSENT on
amendment one. CHAIRMAN MOSES MOVED amendment one.
Number 110
REPRESENTATIVE DAVIDSON MOVED and asked UNANIMOUS CONSENT ON
AMENDMENT A-LS1665\A.3, (amendment two), dealing with
confidentiality.
MICHAEL HEIMBUCH, LEGISLATIVE STAFF FOR REPRESENTATIVE GAIL
PHILLIPS, advised members the amendment contains language
that is already in statute. It broadens that language to
include the new provisions, and it is part of the sunset
clause. Because HB 496 sunsets, an additional clause is
needed with broader language so there will still be
something in statute that addresses raptors and other birds.
MR. ECKLUND referred to this amendment as number two, and
explained it is a sunset provision that will take effect on
January 1, 1999, and if that date is not extended by the
future legislature, the sport fish guide licenses will be
omitted from statute.
REPRESENTATIVE OLBERG asked why the sport fish guide license
should be repealed on January 1, 1999.
MR. HEIMBUCH advised members that Representative Phillips
was concerned that unless the program started to get
direction and goals, it should sunset. If the data is
successfully collected in a few years, there should be no
reason to keep the program going; therefore, it should
sunset in 1999.
CHAIRMAN MOSES stated that the information will probably be
needed on a continual basis to keep the management of the
resource up to date.
REPRESENTATIVE OLBERG objected to amendment two.
CHAIRMAN MOSES noted that Representative Phillips arrived at
8:55 a.m.
REPRESENTATIVE PHILLIPS advised members that if the purpose
of HB 496 is to study the effects of the charter boat
industry in Alaska, then the study does not need to last for
25 years. It needs to come to a conclusion. The Department
of Fish & Game said four years would be adequate to develop
the information, then a report can be presented and the
legislature can take further action at that time.
REPRESENTATIVE OLBERG stated again that the information will
be needed forever to manage the resource.
Number 308
REPRESENTATIVE PHILLIPS read a list of various licenses and
fees that charter boat operators pay as an order of
business. If the intent is to study the industry, then
there needs to be a definite time that the results of the
study are due.
Number 270
CHAIRMAN MOSES reiterated that from a management standpoint,
continual information gathering will be necessary.
REPRESENTATIVE DAVIDSON noted that the legislature should
get yearly information back from the study, as the bill is
currently written, because it will report annually to the
Board of Fish.
Number 361
MR. KRASNOWSKI conveyed that the department would anticipate
using this data on an annual basis, to report to the Alaska
Board of Fisheries. For management purposes, the report
could also be supplied to the legislature, as it continues
to be interested in the results.
Number 387
REPRESENTATIVE PHILLIPS exclaimed that "the sponsor should
take out the pretense of HB 496 being a study, and be
honest, and say we're assessing a fee on the charter boat
operators; period."
REPRESENTATIVE OLBERG stated that the bill does both. There
is limited information about the fishery, and the gathering
of the information should be paid for by the people who reap
the benefits of the guiding.
Number 399
REPRESENTATIVE PHILLIPS asked why the information wasn't
already available somewhere else.
REPRESENTATIVE OLBERG explained that the bill is not
necessarily only assessing a fee for charter boat operators.
It can also be applied to someone with an airplane or a
canoe, who guides.
Number 411
REPRESENTATIVE PHILLIPS again asked why this information is
not currently available.
MR. KRASNOWSKI stated that the information gathered by the
department for the current level of resource management
categorizes the harvest by group. Homer's salmon harvests
for instance, can be tracked from the statewide mail-in
survey. The information that the commissioner would be
empowered to require that be reported under this
legislation, would be individual harvest information, which
the department currently does not have. This information
has become important since the potential for the legislature
regulating the industry through limited entry or vessel
moratorium has become an issue.
REPRESENTATIVE PHILLIPS quickly stated the information is
available, and the department could simply contact the Kenai
Peninsula Borough and ask for the sales tax reports from
those businesses. The business sales tax is based on the
number of clients that are taken out. The fees are all set,
and clients can only catch two halibut per day.
MR. KRASNOWSKI once again stated that in the position paper,
it was clear that for present resource management, the
information available is adequate. It's a question of where
the state is going over the next few years. More specific
information is needed to determine the potential for limited
entry for charter boat fishing. Information is needed not
only to see economic dependence on the resource, but the
harvest records will link the charter boat operator to the
specific numbers of fish taken.
REPRESENTATIVE OLBERG said that some of his constituents are
in the unorganized borough, where there are no tax records.
REPRESENTATIVE PHILLIPS argued that in all the identifiable,
big halibut charter boat areas, there are records.
MR. ECKLUND clarified that the department has spotty
information from different areas of the state, and the
intent of the bill was to get information from across the
whole state. The sport fish guide license establishes a
participatory record for sport guide license operators so if
there is a limitation or moratorium in the future, the
department has a record to show who has been involved in the
industry.
CHAIRMAN MOSES asked if there were further comments on
amendment two.
REPRESENTATIVE PHILLIPS moved amendment two be adopted.
REPRESENTATIVE OLBERG objected. A roll call vote was taken.
REPRESENTATIVE PHILLIPS voted YEAH. REPRESENTATIVES OLBERG,
DAVIDSON AND MOSES voted NAY. So amendment number two
failed.
CHAIRMAN MOSES noted that amendment three by Representative
Phillips was in the packet.
REPRESENTATIVE PHILLIPS MOVED amendment number three be
adopted. REPRESENTATIVE DAVIDSON objected. REPRESENTATIVE
PHILLIPS explained that in the financing of the program, the
cost of the program is about $258,000. The amount that will
be collected is about twice the amount needed. She noted
that it is irresponsible to collect a larger amount than is
needed. The amendment will change the resident fee to $100,
and the nonresident fee to $250.
CHAIRMAN MOSES noted an inconsistency, as the vessel license
fees for commercial fishing have increased considerably.
REPRESENTATIVE DAVIDSON noted that any excess funds will
assist the department in other ways, as this resource is
very valuable compared to the amount of fees collected.
Therefore, the resident fee should be $150, and nonresident
fees should remain at $600.
REPRESENTATIVE PHILLIPS OBJECTED to the change, and noted
that to be honest in this bill, charter operators will be
charged double what is necessary to run the program.
CHAIRMAN MOSES noted that the bill currently is consistent
with license fees.
REPRESENTATIVE DAVIDSON withdrew his amendment to amend
amendment three. A roll call vote was then taken on
amendment three. REPRESENTATIVE PHILLIPS voted YEAH.
REPRESENTATIVES OLBERG, DAVIDSON AND MOSES voted NAY. So
amendment three failed.
Number 576
REPRESENTATIVE PHILLIPS MOVED amendment four. CHAIRMAN
MOSES objected. REPRESENTATIVE PHILLIPS explained that
amendment four would tighten the definition of sport fish
guiding. The language speaks more specifically about the
behavior of an individual on a boat or vessel.
REPRESENTATIVE DAVIDSON asked about guides "directly aiding
the person in taking sport fish" as people arrive in Kodiak
and simply get pointed in the direction of the river, but
really don't use a guide while fishing along the riverbank.
MR. KRASNOWSKI explained that the additional language would
clarify the behavior of sport fish guides. It also helps
define a tour guide that may only say that a particular spot
is a good place.
TAPE 94-12, Side B
Number 000
MR. ECKLUND noted that on page two, line 11 the language
allows the department to adopt regulations allocating
responsibility for completing reports between one or more
persons on a boat.
MR. KRASNOWSKI said that the Board of Fish would have to
examine who was receiving compensation for assisting
individuals who fish. On a large vessel, the driver of the
boat falls into a gray area.
REPRESENTATIVE DAVIDSON asked if the department would use
regulations to address the different cases, as in the case
of riverbank fishing.
MR. KRASNOWSKI noted there are a large number of people who
were unsuccessful in harvesting any resource. The potential
for the Board of Fisheries to regulate this business could
become very sensitive, very quickly.
CHAIRMAN MOSES asked if there was further discussion on
amendment number four. Hearing none, amendment four was
adopted.
REPRESENTATIVE PHILLIPS MOVED to pass CSHB 496 FROM
COMMITTEE. IT WAS SO ORDERED.
ADJOURNMENT
CHAIRMAN MOSES adjourned the meeting at 9:38 a.m.
| Document Name | Date/Time | Subjects |
|---|