Legislature(2021 - 2022)BARNES 124

03/31/2021 01:00 PM RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 26 CONFLICT OF INTEREST: BD FISHERIES/GAME TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+= HB 10 FUNTER BAY MARINE PARK: UNANGAN CEMETERY TELECONFERENCED
Moved HB 10 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         March 31, 2021                                                                                         
                           1:01 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Josiah Patkotak, Chair                                                                                           
Representative Grier Hopkins, Vice Chair                                                                                        
Representative Zack Fields                                                                                                      
Representative Calvin Schrage                                                                                                   
Representative Sara Hannan                                                                                                      
Representative George Rauscher                                                                                                  
Representative Mike Cronk                                                                                                       
Representative Ronald Gillham                                                                                                   
Representative Tom McKay                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 26                                                                                                               
"An Act relating to participation  in matters before the Board of                                                               
Fisheries and the Board of Game  by the members of the respective                                                               
boards; and providing for an effective date."                                                                                   
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 10                                                                                                               
"An Act relating to the Funter  Bay marine park unit of the state                                                               
park system; relating to protection  of the social and historical                                                               
significance  of  the Unangax  cemetery  located  in Funter  Bay;                                                               
providing  for  the amendment  of  the  management plan  for  the                                                               
Funter  Bay marine  park  unit; and  providing  for an  effective                                                               
date."                                                                                                                          
                                                                                                                                
     - MOVED HB 10 OUT OF COMMITTEE                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB  26                                                                                                                  
SHORT TITLE: CONFLICT OF INTEREST: BD FISHERIES/GAME                                                                            
SPONSOR(s): FISHERIES                                                                                                           
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/8/21                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       FSH, RES                                                                                               
02/25/21       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
02/25/21       (H)       -- MEETING CANCELED --                                                                                 
03/12/21       (H)       BILL REPRINTED                                                                                         
03/16/21       (H)       FSH AT 11:00 AM GRUENBERG 120                                                                          
03/16/21       (H)       Heard & Held                                                                                           
03/16/21       (H)       MINUTE(FSH)                                                                                            
03/18/21       (H)       FSH AT 11:00 AM GRUENBERG 120                                                                          
03/18/21       (H)       Moved HB 26 Out of Committee                                                                           
03/18/21       (H)       MINUTE(FSH)                                                                                            
03/20/21       (H)       FSH RPT 5DP 1DNP 1NR                                                                                   
03/20/21       (H)       DP: STORY, STUTES, ORTIZ, KREISS-                                                                      
                         TOMKINS, TARR                                                                                          
03/20/21       (H)       DNP: MCCABE                                                                                            
03/20/21       (H)       NR: VANCE                                                                                              
03/31/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB  10                                                                                                                  
SHORT TITLE: FUNTER BAY MARINE PARK: UNANGAN CEMETERY                                                                           
SPONSOR(s): HANNAN                                                                                                              
                                                                                                                                
02/18/21       (H)       PREFILE RELEASED 1/8/21                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       RES, FIN                                                                                               
02/24/21       (H)       TRB REPLACES FIN REFERRAL                                                                              
02/24/21       (H)       BILL REPRINTED                                                                                         
03/01/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/01/21       (H)       -- MEETING CANCELED --                                                                                 
03/03/21       (H)       RES REFERRAL MOVED TO AFTER TRB                                                                        
03/03/21       (H)       BILL REPRINTED                                                                                         
03/09/21       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
03/09/21       (H)       Heard & Held                                                                                           
03/09/21       (H)       MINUTE(TRB)                                                                                            
03/11/21       (H)       TRB AT 8:00 AM DAVIS 106                                                                               
03/11/21       (H)       Moved HB 10 Out of Committee                                                                           
03/11/21       (H)       MINUTE(TRB)                                                                                            
03/12/21       (H)       TRB RPT 4DP                                                                                            
03/12/21       (H)       DP: FIELDS, ORTIZ, CRONK, ZULKOSKY                                                                     
03/26/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/26/21       (H)       Heard & Held                                                                                           
03/26/21       (H)       MINUTE(RES)                                                                                            
03/31/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE GERAN TARR                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 26 on behalf of the House                                                                  
Special Committee on Fisheries, sponsor.                                                                                        
                                                                                                                                
THATCHER BROUWER, Staff                                                                                                         
Representative Geran Tarr                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 26 on behalf of Representative                                                              
Tarr, who chairs the House Special Committee on Fisheries,                                                                      
sponsor.                                                                                                                        
                                                                                                                                
GLENN HAIGHT, Executive Director II, Board of Fisheries                                                                         
Boards Support Section                                                                                                          
Alaska Department of Fish & Game                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information and answered questions                                                              
during the hearing on HB 26.                                                                                                    
                                                                                                                                
FRANCES LEACH, Executive Director                                                                                               
United Fishermen of Alaska                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 26.                                                                           
                                                                                                                                
MARK RICHARDS, Executive Director                                                                                               
Resident Hunters of Alaska                                                                                                      
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 26.                                                                           
                                                                                                                                
NOAH KLEIN, Attorney                                                                                                            
Legislative Legal Services                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions and provided information                                                              
during the hearing on HB 26.                                                                                                    
                                                                                                                                
JAMES MOORE                                                                                                                     
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 26.                                                                           
                                                                                                                                
BEN MOHR, Executive Director                                                                                                    
Kenai River Sportfishing Association (KRSA)                                                                                     
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in opposition to HB 26.                                                                        
                                                                                                                                
MALCOLM MILNE, Executive Director                                                                                               
North Pacific Fisheries Association (NPFA)                                                                                      
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 26.                                                                           
                                                                                                                                
MATTHEW DONOHOE, President                                                                                                      
Alaska Trollers Association                                                                                                     
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 26.                                                                           
                                                                                                                                
SUSAN DOHERTY, Executive Director                                                                                               
Southeast Alaska Seiners Association                                                                                            
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 26.                                                                           
                                                                                                                                
DON JOHNSON                                                                                                                     
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in opposition to HB 26.                                                                        
                                                                                                                                
CHERYL BROOKING, Senior Assistant Attorney General                                                                              
Natural Resources Section                                                                                                       
Civil Division (Anchorage)                                                                                                      
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided  information and answered questions                                                             
during the hearing on HB 26.                                                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:01:39 PM                                                                                                                    
                                                                                                                                
CHAIR  JOSIAH  PATKOTAK  called   the  House  Resources  Standing                                                             
Committee meeting to  order at 1:01 p.m.   Representatives McKay,                                                               
Fields, Cronk,  Schrage, Gillham,  Hannon, Hopkins,  and Patkotak                                                               
were  present at  the  call to  order.   Representative  Rauscher                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
         HB 26-CONFLICT OF INTEREST: BD FISHERIES/GAME                                                                      
                                                                                                                                
1:02:44 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK announced  that the first order  of business would                                                               
be  HOUSE BILL  NO.  26,  "An Act  relating  to participation  in                                                               
matters before  the Board of Fisheries  and the Board of  Game by                                                               
the  members  of the  respective  boards;  and providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
1:02:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GERAN  TARR,  Alaska State  Legislature,  gave  a                                                               
brief history of  HB 26 on behalf of the  House Special Committee                                                               
on Fisheries,  sponsor.   She said  that it  was a  House Special                                                               
Committee   on   Fisheries    bill   previously   introduced   by                                                               
Representative  Louise Stutes  and that  this is  the third  time                                                               
this legislation has been brought  forth, having passed the House                                                               
during  the  Thirty-First  Alaska State  Legislature  before  its                                                               
progress  was interrupted  by the  COVID-19 mitigation  measures.                                                               
She noted  that many  of the issues  previously raised  have been                                                               
addressed,  and  that this  is  a  committee  bill that  has  the                                                               
support  of  all  members  of  the  House  Special  Committee  on                                                               
Fisheries.                                                                                                                      
                                                                                                                                
1:04:25 PM                                                                                                                    
                                                                                                                                
THATCHER BROUWER, Staff, Representative  Geran Tarr, Alaska State                                                               
Legislature,  began  by  directing  attention  to  items  in  the                                                               
committee    packet,   including    a   document    prepared   by                                                               
Representative  Stutes containing  background information  on the                                                               
Board  of   Fisheries  (BOF)  and   Board  of  Game   (BOG),  and                                                               
information prepared  by Glenn Haight, the  Executive Director of                                                               
the  Board  of  Fisheries,  detailing  the  recusal  process  and                                                               
providing information on  the number of times  board members have                                                               
declared a conflict of interest.                                                                                                
                                                                                                                                
MR. BROUWER said that HB 26  would change the way BOF support BOG                                                               
function by  "allowing the members  to deliberate on  subjects in                                                               
which they  have a  declared personal  or financial  interest, as                                                               
defined  by the  Legislative Ethics  Act."   Currently, he  said,                                                               
members are  required to divulge  a conflict of interest  if they                                                               
or their immediate family members  are involved in the subject on                                                               
which the  board is deliberating.   He offered the  definition of                                                               
"immediate family  members" as defined under  AS 39.52.960, which                                                               
read as follows:                                                                                                                
                                                                                                                                
          (11) "immediate family member" means                                                                                  
          (A) the spouse of the person;                                                                                         
        (B) another person cohabiting with the person in                                                                        
     a conjugal relationship that is not a legal marriage;                                                                      
          (C) a child, including  a stepchild and an adopted                                                                    
     child, of the person;                                                                                                      
          (D) a parent, sibling, grandparent, aunt, or                                                                          
     uncle of the person; and                                                                                                   
          (E) a parent or sibling of the person's spouse;                                                                       
                                                                                                                                
MR. BROUWER said  Title 39 currently prohibits  a public officer,                                                               
including  a  BOF  member from  taking  or  withholding  official                                                               
action in  order to  affect a  matter in which  the member  has a                                                               
personal  or  financial interest.    He  explained that  official                                                               
action includes advice, participation, and assistance.                                                                          
                                                                                                                                
MR.  BROUWER said  the Ethics  Act  defines "financial  interest"                                                               
[under AS 39.52.960] as follows:                                                                                                
                                                                                                                                
          (9) "financial interest" means                                                                                        
          (A) an  interest held  by a  public officer  or an                                                                    
     immediate family member,  which includes an involvement                                                                    
     or ownership of an interest  in a business, including a                                                                    
     property  ownership,  or   a  professional  or  private                                                                    
     relationship,  that  is a  source  of  income, or  from                                                                    
     which, or as  a result of which, a  person has received                                                                    
     or expects to receive a financial benefit;                                                                                 
          (B) holding a  position in a business,  such as an                                                                    
     officer, director,  trustee, partner, employee,  or the                                                                    
     like, or holding a position of management;                                                                                 
                                                                                                                                
MR.  BROUWER noted  that the  Act  defines stock  ownership in  a                                                               
business to  be significant  if valued greater  than $5,000.   He                                                               
stated that "personal interest"  is defined [under AS 39.52.960],                                                               
as follows:                                                                                                                     
                                                                                                                                
          (18)  "personal interest"  means an  interest held                                                                    
     or involvement  by a public  officer, or  the officer's                                                                    
     immediate   family   member    or   parent,   including                                                                    
     membership,  in  any organization,  whether  fraternal,                                                                    
     nonprofit, for  profit, charitable, or  political, from                                                                    
     which,  or   as  a  result   of  which,  a   person  or                                                                    
     organization receives a benefit;                                                                                           
                                                                                                                                
MR.  BROUWER  commented that,  as  members  of  BOF and  BOG  are                                                               
selected for  their diversity  of interest,  HB 26  would promote                                                               
the  sharing  of  knowledge  among  members  by  clarifying  that                                                               
members   are   allowed   to  "lend   their   expertise"   during                                                               
deliberation,  but they  would  not  be allowed  to  vote on  the                                                               
issue.   He  explained that  this  would "allow  members to  make                                                               
sound management  decisions with all available  information."  He                                                               
remarked that a  board member who has a permit  or guide license,                                                               
or has a relative with such  a license, could be "the only person                                                               
on the  board who understands  the nuances of the  proposal being                                                               
discussed."    He  noted  that  during  the  2017-2018  Board  of                                                               
Fisheries meeting cycle a member was recused from 54 proposals                                                                  
representing 22 percent of the total proposals.                                                                                 
                                                                                                                                
1:09:22 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK asked for more information on the number of                                                                      
recusals.                                                                                                                       
                                                                                                                                
MR. BROUWER clarified that out of 244 proposals, board member(s)                                                                
had to be recused 54 times, and recusals are more common on the                                                                 
Board of Fisheries.                                                                                                             
                                                                                                                                
1:10:12 PM                                                                                                                    
                                                                                                                                
MR. BROUWER covered the Sectional Analysis, which read as                                                                       
follows [original punctuation provided]:                                                                                        
                                                                                                                                
                          Section One                                                                                         
                                                                                                                                
     Section one  amends AS 39.52.220(b),  to allow  a Board                                                                    
     of Game or Board of  Fisheries members to take official                                                                    
     action,  defined  by  section  three of  the  bill,  as                                                                    
     deliberating  but not  voting,  on a  matter that  they                                                                    
     have a personal or financial interest in.                                                                                  
                                                                                                                                
                          Section Two                                                                                         
                                                                                                                                
     Section two  amends AS 39.52.220(a) to  exempt Board of                                                                    
     Fisheries and Board of Game  members from the provision                                                                    
     in the  Executive Branch Ethics Act  that prevents them                                                                    
     from deliberating  on matters, they have  a personal or                                                                    
     financial interest in.                                                                                                     
                                                                                                                                
                         Section Three                                                                                        
                                                                                                                                
     Section  three  amends AS  39.52.220  by  adding a  new                                                                    
     section  that allows  Board of  Fisheries and  Board of                                                                    
     Game members  with a personal or  financial interest in                                                                    
     a  matter,  to  deliberate,   but  not  vote,  on  that                                                                    
     proposal or subject being considered by the board.                                                                         
                                                                                                                                
                          Section Four                                                                                        
                                                                                                                                
     Establishes an immediate effective date.                                                                                   
                                                                                                                                
1:12:21 PM                                                                                                                    
                                                                                                                                
GLENN HAIGHT,  Executive Director II, Board  of Fisheries, Boards                                                               
Support  Section,  Alaska  Department  of Fish  &  Game  (ADF&G),                                                               
provided  information  and  answered  questions on  HB  26.    He                                                               
explained that prior to each  meeting the board members are asked                                                               
to review  the proposals and  work with  the board chair  and the                                                               
attorney  general,  so  that when  the  meeting  starts  everyone                                                               
understands  what they'll  recuse themselves  from and  why.   He                                                               
directed   attention   to   the   document   titled   "Background                                                               
Information on  the Alaska  Boards of  Game and  Fisheries Ethics                                                               
Act Process"  [included in the  committee packet]  which included                                                               
the number of board member  recusals compared to total proposals.                                                               
He  described examples  of personal  and  financial conflicts  of                                                               
interest that significantly increase  the percentage of proposals                                                               
recused  and  explained  that  if  a member  is  recused  from  a                                                               
proposal they  may stay during  reports and public  testimony but                                                               
not participate  in the deliberation  of proposals.  Under  HB 26                                                               
the individual  would be allowed to  participate in deliberations                                                               
and ask questions, but would not vote on a proposal.                                                                            
                                                                                                                                
1:17:51 PM                                                                                                                    
                                                                                                                                
FRANCES LEACH,  Executive Director,  United Fishermen  of Alaska,                                                               
testified in support of HB 26.   She said that members of BOF and                                                               
BOG are  chosen for their  expertise in their region  or fishery;                                                               
however,  they currently  may not  be allowed  to participate  in                                                               
deliberations  due to  conflicts  of interest.    She noted  that                                                               
prior  to her  current  position  she worked  with  the Board  of                                                               
Fisheries as support  staff, and she described  board meetings in                                                               
which a board member "conflicted  out" of a proposal and couldn't                                                               
participate  in the  deliberations  while  the remaining  members                                                               
"struggled  to comprehend  the nuances"  of the  issue and  could                                                               
have  been assisted  by the  non-participating member.   Allowing                                                               
members to  participate fully in deliberations,  she said, builds                                                               
a  better record  and  makes for  a  more transparent  discussion                                                               
clearly established  on the record.   She  said that HB  26 would                                                               
also help  the boards attract  more qualified people,  as members                                                               
would not  have to dedicate time  to the board only  to be forced                                                               
into a  non-participatory role.   She  emphasized that  this bill                                                               
would not  allow conflicted  members to vote,  only to  put their                                                               
opinions on the record.                                                                                                         
                                                                                                                                
1:21:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS asked Ms.  Leach whether she believes board                                                               
members are  under pressure to have  off-the-record conversations                                                               
with a conflicted member in order to get information.                                                                           
                                                                                                                                
MS. LEACH answered yes, then gave  the example of a board meeting                                                               
in which  there was discussion  of a  subject in which  one board                                                               
member had experience.   She said that the board  took an at-ease                                                               
while  a  member  went  to  the  back of  the  room  to  ask  the                                                               
conflicted member questions on the subject.                                                                                     
                                                                                                                                
1:22:21 PM                                                                                                                    
                                                                                                                                
MARK  RICHARDS, Executive  Director, Resident  Hunters of  Alaska                                                               
(RHAK),  testified in  support  of  HB 26.    He  said that  he's                                                               
attended  BOF and  BOG meetings  for the  past 15  years and  has                                                               
observed many instances in which  a board member was recused, but                                                               
in which  he was certain that  the issue had been  discussed with                                                               
the member  in question.  He  stated his belief that  HB 26 would                                                               
not  change the  outcome  of  any proposals,  as  it's often  the                                                               
recused  member who  is  the most  knowledgeable  in the  subject                                                               
matter.   He said it  would be beneficial  to both the  board and                                                               
the public to have all deliberations  open and on the record.  He                                                               
clarified  that  RHAK would  not  support  allowing a  conflicted                                                               
member to vote on the issue.                                                                                                    
                                                                                                                                
1:25:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS  asked how  restrictive this rule  would be                                                               
compared to the rules of other boards and commissions.                                                                          
                                                                                                                                
1:26:06 PM                                                                                                                    
                                                                                                                                
NOAH KLEIN, Attorney, Legislative  Legal Services, indicated that                                                               
he would research the question.                                                                                                 
                                                                                                                                
1:26:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SCHRAGE asked why  this bill is aimed specifically                                                               
at BOF and BOG.                                                                                                                 
                                                                                                                                
MR. BROUWER replied that this  bill addresses BOF and BOG because                                                               
the issue of recusals exists within those boards.                                                                               
                                                                                                                                
REPRESENTATIVE SCHRAGE  asked Mr.  Brouwer to confirm  whether he                                                               
would  be correct  in  saying  that, because  there  is a  higher                                                               
occurrence  of recusals  in BOF  and BOG,  HB 26  is intended  to                                                               
affect those two boards.                                                                                                        
                                                                                                                                
MR. BROUWER replied that is his understanding.                                                                                  
                                                                                                                                
REPRESENTATIVE TARR  explained that  the boards in  question were                                                               
created at statehood and include  very general language regarding                                                               
board membership.  For example,  she said, there is discussion of                                                               
representation but there are no  requirements in statute, whereas                                                               
other boards have specific requirements for membership.                                                                         
                                                                                                                                
REPRESENTATIVE SCHRAGE  referred to language  in Section 3  of HB
26, on  page 3, lines 3-4,  which would provide that  if a member                                                               
of  BOF  or  BOG  "discloses a  personal  or  financial  interest                                                               
relating  to  the involvement  of  the  member, or  an  immediate                                                               
family  member of  that  member, in  a  business or  organization                                                               
relating  to   fish  or  game   resources,  the  member   is  not                                                               
disqualified from  deliberating or participating in  the matter."                                                               
He asked how  well-defined "participating" is and if  it could be                                                               
construed to mean that the member could vote.                                                                                   
                                                                                                                                
MR. BROUWER  responded that  HB 26  is drafted  to make  it clear                                                               
that the members are allowed to deliberate but not to vote.                                                                     
                                                                                                                                
REPRESENTATIVE  TARR  referred  to  the  continued  language  [of                                                               
Section 3]  , page 3, beginning  on line 4 through  line 6, which                                                               
read, "If  the supervisor  or a  majority of  the members  of the                                                               
respective board determine that  the member's further involvement                                                               
will result in  a violation of AS  39.52.110-39.52.190, the board                                                               
member may  not vote  on the  matter."   She indicated  that this                                                               
clarifies the intent of the legislation.                                                                                        
                                                                                                                                
1:30:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER noted  that he  sees several  letters of                                                               
support  from   fishing  organizations   but  not   from  hunting                                                               
organizations.    He  asked if  it's  the  fishing  organizations                                                               
asking for this legislation.                                                                                                    
                                                                                                                                
MR.  BROUWER   referred  to   the  document   titled  "Background                                                               
Information on  the Alaska  Boards of  Game and  Fisheries Ethics                                                               
Act Process" [included  in the committee packet]  provided by Mr.                                                               
Haight and  said that while  recusals do  happen on the  Board of                                                               
Game, it's much more common on the Board of Fisheries.                                                                          
                                                                                                                                
1:31:48 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK asked why the Board of Game is included in HB 26.                                                                
                                                                                                                                
REPRESENTATIVE  TARR  said that  BOF  and  BOG are  addressed  in                                                               
statute in the same manner, so  the Board of Game is included for                                                               
consistency.                                                                                                                    
                                                                                                                                
1:32:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN  commented  that   the  BOF  and  BOG  are                                                               
"allocative   decision   makers",    while   other   boards   are                                                               
professional boards  making recommendations.  She  said the State                                                               
Board of Education is an example  of one whose decision must then                                                               
be carried  out by 54 school  districts.  She suggested  that BOF                                                               
and  BOG are  much more  like  legislative bodies  in that  their                                                               
decisions aren't filtered through  different organizations.  With                                                               
respect to HB 26,  she noted that a board member  may be the only                                                               
one who  has expertise in  a certain  area and the  other members                                                               
need  that  knowledge.   She  noted  the  high number  of  Alaska                                                               
residents who  are intertwined  in related  areas and  how common                                                               
conflicts of  interest are, and  she opined that  local knowledge                                                               
should be used "to its fullest extent possible."                                                                                
                                                                                                                                
1:36:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK said that a  board member who has a conflict                                                               
of  interest can  still have  their  expertise on  the record  by                                                               
testifying as  a member  of the  public.   He opined  that public                                                               
trust is at an all-time low and  said that he does not support HB
26 because it's not needed.                                                                                                     
                                                                                                                                
1:38:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GILLHAM  said  that   the  only  support  he  has                                                               
observed for HB  26 is from fishing organizations.   He explained                                                               
that  even  though  he  owned  a  fishing  charter  business,  he                                                               
represents all of the people of  his district, and that he became                                                               
a representative so he could  decrease regulations; therefore, he                                                               
does not support this bill.                                                                                                     
                                                                                                                                
1:39:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY said that he is  a member of the Kenai River                                                               
Sportfishing  Association   and  sportfishermen   "dominate"  his                                                               
district; he  said that since they  oppose this bill, he  will be                                                               
voting no.                                                                                                                      
                                                                                                                                
1:40:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  said that he  won't be supporting  HB 26                                                               
due to many of the points already discussed.                                                                                    
                                                                                                                                
1:41:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR said  that she  hopes the  committee members                                                               
will hear  the public  testimony and  that the  only organization                                                               
that  has  expressed opposition  to  HB  26  is the  Kenai  River                                                               
Sportfishing  Association,  while   there  are  multiple  fishing                                                               
organizations  on   record  supporting  it.     She  referred  to                                                               
Representative Cronk's  comment about transparency and  said that                                                               
even in the  Alaska State Legislature committee  members are able                                                               
to not only deliberate, but vote,  in matters where a personal or                                                               
financial conflict  exists.  She said  that HB 26 is  intended to                                                               
allow for  a more  thorough conversation to  exist on  the public                                                               
record.                                                                                                                         
                                                                                                                                
1:43:12 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK opened public testimony on HB 26.                                                                                
                                                                                                                                
1:43:38 PM                                                                                                                    
                                                                                                                                
JAMES MOORE, testified in support of HB  26.  He said that he has                                                               
fished in  Alaska for over  50 years  and is appreciative  of the                                                               
Board  of Fisheries  process, and  noted  that Alaska's  publicly                                                               
vetted  system  provides  more  common  sense  and  reality-based                                                               
management than  other states  he has experience  with.   He said                                                               
that he has served on the  board of directors for several fishery                                                               
organizations  including  the  Alaska Trollers  Organization  and                                                               
that  he  has  experienced  firsthand  the  benefit  of  a  well-                                                               
functioning  board with  the balanced  perspective and  solutions                                                               
that come  from the experience  of all members  working together.                                                               
He said  HB 26 addresses  a weakness  in the process  by allowing                                                               
full  participation  in  the  discussion   by  the  members  most                                                               
familiar with the issues.                                                                                                       
                                                                                                                                
1:46:53 PM                                                                                                                    
                                                                                                                                
BEN   MOHR,   Executive   Director,  Kenai   River   Sportfishing                                                               
Association (KRSA),  testified in opposition  to HB 26.   He said                                                               
that  the  current  procedures   already  allow  members  with  a                                                               
conflict of  interest to  participate in the  board process  as a                                                               
general member  of the  public and explained  the process  of the                                                               
testimony and deliberations  phases.  He opined  that "allowing a                                                               
conflicted individual  to have influence over  how allocations or                                                               
regulations  are   interpreted  or  implemented,  even   if  that                                                               
influence isn't  a final vote,  is completely  inappropriate" and                                                               
that  conflicted  members  already   have  a  greater  degree  of                                                               
influence over the general public than non-conflicted members.                                                                  
                                                                                                                                
1:50:28 PM                                                                                                                    
                                                                                                                                
MALCOLM  MILNE,  Executive   Director,  North  Pacific  Fisheries                                                               
Association (MPFA), testified in support  of HB 26.  He expressed                                                               
his agreement  with the statements made  during invited testimony                                                               
and said  that HB 26  would support more informed  management and                                                               
would allow  BOF and BOG  to better  serve the people  of Alaska.                                                               
He noted  the letter of  opposition from  the KRFA and  said that                                                               
it's  "almost inevitably  the commercial  fishermen"  who have  a                                                               
conflict of interest, and he  stated his belief in the importance                                                               
of having informed discussion on the record.                                                                                    
                                                                                                                                
1:53:13 PM                                                                                                                    
                                                                                                                                
MATTHEW   DONOHOE,   President,  Alaska   Trollers   Association,                                                               
testified  in  support  of  HB  26.   He  said  that  he  doesn't                                                               
understand the  opposition and  that allowing  a board  member to                                                               
comment on a  proposal doesn't seem like a major  change from how                                                               
business is  currently done.   He opined that it's  important for                                                               
the board to hear from the commercial interests' point of view.                                                                 
                                                                                                                                
1:55:48 PM                                                                                                                    
                                                                                                                                
SUSAN  DOHERTY,  Executive  Director,  Southeast  Alaska  Seiners                                                               
Association, testified in support of HB  26.  She stated that she                                                               
has "witnessed  firsthand how the  most educated  and experienced                                                               
board members" have  been left out of deliberations  because of a                                                               
conflict  of  interest  and  noted  that  HB  26  would  not  let                                                               
conflicted members vote.  She noted  that in the next board cycle                                                               
there   will   be   contentious  allocation.      She   described                                                               
experiencing  board members  with minimal  knowledge of  an issue                                                               
give inaccurate testimony, harming the process.                                                                                 
                                                                                                                                
1:58:21 PM                                                                                                                    
                                                                                                                                
DON JOHNSON stated his opposition to HB 26.                                                                                     
                                                                                                                                
1:59:52 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK,  after ascertaining  that no  one else  wished to                                                               
testify, closed public testimony on HB 26.                                                                                      
                                                                                                                                
2:00:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN  asked  Mr.   Haight  about  the  phrasing                                                               
"personal  or financial  interest" and  asked for  examples of  a                                                               
board member being conflicted out  due to personal interest which                                                               
wasn't directly financial.                                                                                                      
                                                                                                                                
MR. HAIGHT responded  by describing a situation in  which a board                                                               
member  had a  sibling who  worked for  an organization  that had                                                               
submitted a proposal.  He  also recalled an occasion during which                                                               
the spouse  of a  board member  testified on  a proposal  and the                                                               
chairman ruled  that the  board member  had a  personal conflict;                                                               
the member  challenged the  ruling, after  which the  board voted                                                               
that the member be recused.                                                                                                     
                                                                                                                                
REPRESENTATIVE  HANNAN noted  comments saying  that a  conflicted                                                               
board member  could testify during  the public  testimony portion                                                               
of  a  board  meeting  and  asked Mr.  Haight  to  describe  that                                                               
process.                                                                                                                        
                                                                                                                                
MR. HAIGHT explained that the  meetings consist of introductions,                                                               
ethics disclosures, staff  reports, public testimony, committees,                                                               
and then  deliberations.  He  said that  if a member  is recused,                                                               
they would  need to sign  up for public testimony  or participate                                                               
in the committees as a member of the audience.                                                                                  
                                                                                                                                
REPRESENTATIVE HANNAN asked  whether it would be  accurate to say                                                               
that   public  testimony   happens  before   any  discussion   of                                                               
particulars.                                                                                                                    
                                                                                                                                
MR.  HAIGHT replied  that  public testimony  comes  early in  the                                                               
meeting,  and  that board  members  learn  a  lot in  the  public                                                               
testimony  and  committee  steps,  which  both  happen  prior  to                                                               
deliberations.                                                                                                                  
                                                                                                                                
2:05:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER  referred  to  the  term  "personal"  on                                                               
various pages  of the text  of HB  26 and wondered  aloud whether                                                               
anyone  will be  left on  the boards  to vote  on the  proposals,                                                               
since there is no definition of "personal conflict".                                                                            
                                                                                                                                
MR.  BROUWER reiterated  the  definition  of "personal  interest"                                                               
from  his introduction  of  HB 26  and said  that  based on  this                                                               
definition, whether  a family member  is part of  an organization                                                               
is the question.                                                                                                                
                                                                                                                                
2:07:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS  asked  about  the last  time  the  ethics                                                               
guidelines were changed.                                                                                                        
                                                                                                                                
MR. HAIGHT said that he would follow up with an answer.                                                                         
                                                                                                                                
2:08:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOPKINS noted  that  for a  personal conflict  to                                                               
exist, the  board member  or a member  of their  immediate family                                                               
must  be part  of  an  organization and  he  asked whether  those                                                               
entities would be conflicted out  due to the personal conflict of                                                               
interest.                                                                                                                       
                                                                                                                                
MR. HAIGHT  replied that he  cannot recall anyone being  a member                                                               
of an organization  while serving as a board  member; he referred                                                               
to his earlier notes on personal conflicts.                                                                                     
                                                                                                                                
REPRESENTATIVE  HOPKINS,  in  clarifying his  original  question,                                                               
asked whether  someone who  advocates for  fish or  game harvest,                                                               
but has no  financial interest, would be conflicted out  due to a                                                               
personal interest conflict.                                                                                                     
                                                                                                                                
CHERYL  BROOKING,  Senior  Assistant  Attorney  General,  Natural                                                               
Resources  Section,  Department of  Law,  replied  that it  would                                                               
depend on the circumstances.   If someone is simply a dues-paying                                                               
member and gets e-mails, they  may not be conflicted; however, if                                                               
an individual  is actively  engaged in  the organization  and has                                                               
taken a position  on a proposal prior to the  board meeting, they                                                               
would have  a conflict  of interest and  would be  precluded from                                                               
voting.  She explained that the  goal is for board members to not                                                               
make  up  their minds  on  an  issue until  deliberations,  after                                                               
they've  received  and  had the  opportunity  to  understand  the                                                               
information presented on the proposal.                                                                                          
                                                                                                                                
REPRESENTATIVE  HOPKINS referred  to Representative  Cronk's note                                                               
that  there  are  "multiple  opportunities   for  input"  at  the                                                               
advisory committee  level and asked  whether board  members could                                                               
be  forming  an opinion  well  ahead  of  time, as  they  receive                                                               
information.                                                                                                                    
                                                                                                                                
MS. BROOKING  replied that when  a member is attending  a meeting                                                               
of an  advisory committee they're  listening and  gaining insight                                                               
on  a subject;  in their  capacity  as board  member, however,  a                                                               
decision  isn't to  be reached  until after  deliberations.   She                                                               
clarified  that  board  members  are  not  also  members  of  the                                                               
advisory committees, but  they do attend those  meetings to learn                                                               
about the issues.                                                                                                               
                                                                                                                                
REPRESENTATIVE HOPKINS  opined that having all  board members "on                                                               
the  same  footing"  when  arriving   at  the  meeting  would  be                                                               
beneficial.                                                                                                                     
                                                                                                                                
2:13:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRONK  stated  his  opinion  that  the  issue  of                                                               
excessive recusals  "really appears  to be  a Board  of Fisheries                                                               
problem that we're extending into the  Board of Game" and that it                                                               
should be addressed solely with the Board of Fisheries.                                                                         
                                                                                                                                
2:14:27 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK announced that HB 26 was held over.                                                                              
                                                                                                                                
        HB  10-FUNTER BAY MARINE PARK: UNANGAN CEMETERY                                                                     
                                                                                                                                
2:15:01 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK announced  that the final order  of business would                                                               
be HOUSE BILL  NO. 10, "An Act relating to  the Funter Bay marine                                                               
park unit  of the  state park system;  relating to  protection of                                                               
the social  and historical significance  of the  Unangax cemetery                                                               
located  in  Funter  Bay;  providing for  the  amendment  of  the                                                               
management  plan  for  the  Funter  Bay  marine  park  unit;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
2:15:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK  thanked Representative Hannan  for bringing                                                               
HB 10 forward.                                                                                                                  
                                                                                                                                
2:15:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY  thanked Representative Hannan  for bringing                                                               
HB 10 forward.                                                                                                                  
                                                                                                                                
2:16:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER noted his appreciation of HB 10.                                                                        
                                                                                                                                
2:17:01 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK  thanked Representative Hannan for  furthering the                                                               
learning   opportunities  of   the   committee  members   through                                                               
discussions of HB 10.                                                                                                           
                                                                                                                                
2:17:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN thanked  the committee  members for  their                                                               
support and noted that while her name  is on HB 10 as sponsor, it                                                               
was  the  families affected  by  the  internment that  made  this                                                               
legislation possible.                                                                                                           
                                                                                                                                
2:18:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKING  moved to  report HB  10 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.  There  being no objection, HB 10 was  reported out of the                                                               
House Resources Standing Committee.                                                                                             
                                                                                                                                
2:19:41 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:20 p.m.                                                                 

Document Name Date/Time Subjects
HB 10 Letter of Support Reed Stoops 3.29.2021.pdf HRES 3/31/2021 1:00:00 PM
HB 10
HB 10 Support Photographs of Cemetery 3.29.2021.pdf HRES 3/31/2021 1:00:00 PM
HB 10
HB 26 Boards of Game and Fisheries Ethics Process Overview and Recusals 2.1.21.pdf HFSH 3/16/2021 11:00:00 AM
HFSH 3/18/2021 11:00:00 AM
HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 Informational Document BOF-BOG History and Process 03.06.19.pdf HFSH 3/16/2021 11:00:00 AM
HFSH 3/18/2021 11:00:00 AM
HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 Letters of Support 3.15.21.pdf HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 Letters of Support 3.16.21.pdf HFSH 3/16/2021 11:00:00 AM
HFSH 3/18/2021 11:00:00 AM
HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 Email of Opposition 3.16.21.pdf HFSH 3/18/2021 11:00:00 AM
HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 Sponsor Statement 3.16.21.pdf HFSH 3/18/2021 11:00:00 AM
HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 Sectional Analysis 3.14.21.pdf HFSH 3/18/2021 11:00:00 AM
HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 Email in Support - Dunaway 3.17.21.pdf HFSH 3/18/2021 11:00:00 AM
HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 10 Sponsor Statement 1.15.2021.pdf HRES 3/1/2021 1:00:00 PM
HRES 3/26/2021 1:00:00 PM
HRES 3/31/2021 1:00:00 PM
HB 10
HB 10 Sectional Analysis Version A 1.15.2021.pdf HRES 3/1/2021 1:00:00 PM
HRES 3/26/2021 1:00:00 PM
HRES 3/31/2021 1:00:00 PM
HB 10
HB 26 Letter of Support CDFU 3.31.2021.pdf HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 HRES Bill Hearing Follow-up Definitions 4.2.2021.pdf HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26
HB 26 Research Legislative Legal Memo 4.6.2021.pdf HRES 3/31/2021 1:00:00 PM
HRES 4/9/2021 1:00:00 PM
HB 26