03/17/2025 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): | |
| HB33 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 33 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
March 17, 2025
1:04 p.m.
MEMBERS PRESENT
Representative Robyn Niayuq Burke, Co-Chair
Representative Maxine Dibert, Co-Chair
Representative Carolyn Hall
Representative Donna Mears
Representative Zack Fields
Representative Dan Saddler
Representative George Rauscher
Representative Julie Coulombe
Representative Bill Elam
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Ted Eischeid
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Alaska Oil and Gas Conservation Commission
Jessie Chmielowski - Anchorage
- CONFIRMATION(S) HELD
Big Game Commercial Services Board
Aaron Bloomquist - Palmer
Martin Boniek - Nelchina
Keegan McCarthy - Juneau, Alaska
- CONFIRMATION(S) HELD
State Assessment Review Board
Samuel Laffey - Anchorage
- CONFIRMATION(S) HELD
HOUSE BILL NO. 33
"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."
- MOVED HB 33 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 33
SHORT TITLE: CONFLICT OF INTEREST: BD FISHERIES/GAME
SPONSOR(s): REPRESENTATIVE(s) STUTES
01/22/25 (H) PREFILE RELEASED 1/10/25
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) FSH, RES
02/18/25 (H) FSH AT 10:00 AM GRUENBERG 120
02/18/25 (H) Moved HB 33 Out of Committee
02/18/25 (H) MINUTE(FSH)
02/19/25 (H) FSH RPT 7DP
02/19/25 (H) DP: VANCE, KOPP, EDGMON, HIMSCHOOT,
ELAM, MCCABE, STUTES
02/28/25 (H) RES AT 1:00 PM BARNES 124
02/28/25 (H) Heard & Held
02/28/25 (H) MINUTE(RES)
03/10/25 (H) RES AT 1:00 PM BARNES 124
03/10/25 (H) -- MEETING CANCELED --
03/17/25 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
JESSIE CHMIELOWSKI, Appointee
Alaska Oil and Gas Conservation Commission
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Oil
and Gas Conservation Commission.
AARON BLOOMQUIST, Appointee
Big Game Commercial Services Board
Palmer, Alaska
POSITION STATEMENT: Testified as appointee to the Big Game
Commercial Services Board.
MARTIN BONIEK, Appointee
Big Game Commercial Services Board
Nelchina, Alaska
POSITION STATEMENT: Testified as appointee to the Big Game
Commercial Services Board.
KEEGAN MCCARTHY, Appointee
Big Game Commercial Services Board
Juneau, Alaska
POSITION STATEMENT: Testified as appointee to the Big Game
Commercial Services Board.
SAMUEL LAFFEY, Appointee
State Assessment Review Board
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the State
Assessment Review Board.
JERRY MCCUNE, Government Relations
Commercial Fisheries Hatcheries
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 33.
TRACY WELCH, Executive Director
United Fishermen of Alaska
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 33.
NELS EVANS, Executive Director
Petersburg Vessel Owner's Association
Petersburg, Alaska
POSITION STATEMENT: Testified in support of HB 33.
LINDA BEHNKEN, Executive Director
Alaska Longline Fishermen's Association
Sitka, Alaska
POSITION STATEMENT: Testified in support of HB 33.
MARK RICHARDS, Executive Director
Resident Hunters of Alaska
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 33.
SUSAN DOHERTY, General Manager
Southern Southeast Regional Aquaculture Association
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of HB 33.
MALCOLM MILNE, President
North Pacific Fisheries Association
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 33.
NATE ROSE, Vice President
Kodiak Seiners Association
Kodiak, Alaska
POSITION STATEMENT: Testified in support of HB 33.
REPRESENTATIVE LOUISE STUTES
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor of HB 33, answered
questions and provided clarification.
ART NELSON, Executive Director
Board of Fisheries
Alaska Department of Fish & Game
Anchorage, Alaska
POSITION STATEMENT: Answered questions regarding HB 33.
JANE PIERSON, Staff
Representative Louise Stutes
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
33, on behalf of Representative Stutes, prime sponsor.
ACTION NARRATIVE
1:04:04 PM
CO-CHAIR ROBYN NIAYUQ BURKE called the House Resources Standing
Committee meeting to order at 1:04 p.m. Representatives Dibert,
Hall, Mears, Fields, Saddler, Rauscher, Elam, and Burke were
present at the call to order. Representatives Coulombe arrived
as the meeting was in progress. Other legislators present were
Representative Eischeid.
^CONFIRMATION HEARING(S):
Alaska Oil and Gas Conservation Commission
Big Game Commercial Services Board
State Assessment Review Board
CONFIRMATION HEARING(S):
Alaska Oil and Gas Conservation Commission
Big Game Commercial Services Board
State Assessment Review Board
1:05:05 PM
CO-CHAIR BURKE announced that the first order of business would
be confirmation hearings for the governor's appointees to
various boards and commissions.
CO-CHAIR BURKE noted that the committee would begin with the
appointees to the Alaska Oil and Gas Conservation Commission
(AOGCC).
1:05:41 PM
JESSIE CHMIELOWSKI, Appointee, Alaska Oil and Gas Conservation
Commission (AOGCC) described her background, professional
experience, and her previous work with AOGCC [rsum included in
the committee file].
1:08:52 PM
MS. CHMIELOWSKI responded to several questions from
Representative Saddler by describing her work managing federal
funding. She described the commission's work with orphan well
remediation grants, carbon capture use and storage, and oil and
gas regulation. She discussed multi-year grants and potential
upcoming grants. She also pointed out that some grants had been
suspended by President Donald Trump's executive orders.
1:11:43 PM
MS. CHMIELOWSKI addressed several questions posed by
Representative Fields regarding Cook Inlet gas resources. She
discussed the development of the Cook Inlet reservoir and the
AOGCC's role in ensuring there was no waste. She also
summarized the injection process. She pointed out that the
commission does not promote development but rather oversees
development of resources without regard to the price of oil so
the resources can be managed for the long term.
1:15:39 PM
MS. CHMIELOWSKI, in response to a question from Representative
Rauscher, said a term on the board would be six years.
1:15:54 PM
MS. CHMIELOWSKI, in response to a question from Representative
Saddler, clarified that the focus of AOGCC is volume of
production and protection of the resources rather than
profitability or investment decisions of the operators.
1:16:31 PM
MS. CHMIELOWSKI responded to a question from Representative
Coulombe regarding primacy and the carbon capture and storage
process. She described a "crosswalk" process which compared
draft state regulations with federal regulations.
1:17:53 PM
MS. CHMIELOWSKI, in response to a question from Representative
Mears, described the elements that go into establishing primacy
and how long the process takes.
1:19:09 PM
MS. CHMIELOWSKI, in response to a question from Representative
Saddler, explained that the AOGCC is confident of being granted
primacy.
1:20:34 PM
CO-CHAIR BURKE noted that the committee, in continuing of the
confirmation hearing, would next hear from the appointees to the
Big Game Commercial Services Board.
1:21:35 PM
AARON BLOOMQUIST, Appointee, Big Game Commercial Services Board,
described his background, professional experience, and his
previous experience on the board [rsum included in the
committee file].
1:23:05 PM
MR. BLOOMQUIST, in response to a question from Representative
Fields, confirmed that he had not been involved with a case of
illegal bear hunting.
1:24:31 PM
MR. BLOOMQUIST addressed a question posed by Representative
Saddler. He discussed how the board had approached certain
types of game violations and described several changes he would
like to see. He said the board works with approximately 300
businesses, and there are always a couple of cases. He
explained that the board is working on a number of projects
relating to licensure, regulations, improving guide services,
and legislation.
1:29:23 PM
MR. BLOOMQUIST, in response to several questions from
Representative Fields, described the difference between bear
baiting and habituating bears and addressed the regulations
regarding bear baiting and the locations of bear baiting
stations.
1:33:24 PM
MARTIN BONIEK, Appointee, Big Game Commercial Services Board
described his background, professional experience, his previous
work on the board, and his experience as an air taxi operator
[rsum included in the committee file].
1:34:33 P, M
MR. BONIEK responded to several questions from Representative
Saddler regarding what types of issues had come before the board
that were directly related to aircraft. Two he mentioned were
the importance of distinctive markings on aircraft used by
guides. Another issue was that guides were designated specific
areas but transporters were not. Related to that, he said, was
the issue of whether the transporters are licensed as a single
person or as a limited license company. If the license was for
the company, there was potential for abuse such as if a pilot
had been sanctioned but then flew for the company transporting
hunters. He also mentioned hunt planners who put together hunts
without following board regulations. For example, someone from
out of state could set up a caribou hunt without being familiar
with the terrain, the regulations, or the caribou population.
1:40:18 PM
KEEGAN MCCARTHY, Appointee, Big Game Commercial Services Board,
described his background, professional experience, and his
involvement with conservation issues in Alaska [rsum included
in the committee file].
1:42:14 PM
MR. MCCARTHY, in response to a question from Representative
Fields, provided details regarding his two fish and game
violations. Approximately 20 years ago, he received a violation
for not having the proper paperwork for salmon roe. He also
received a violation for not properly "sealing" a bear. Two
small red numbered tags are attached to the hide and skull and
must stay in place until the hide has been properly processed.
1:44:28 PM
MR. MCCARTHY, in response to a question from Representative
Saddler, identified federal land issues as a concern for hunters
in Southeast Alaska.
1:47:21 PM
CO-CHAIR BURKE noted that the committee, in continuation of the
confirmation hearing, would move to the appointee to the State
Assessment Review Board.
1:47:47 PM
SAMUEL LAFFEY, Appointee, State Assessment Review Board,
described his background and professional experience [rsum
included in the committee file].
1:48:59 PM
MR. LAFFEY responded to a question from Representative Fields
regarding how his experience in family law and criminal law
would relate to the work of the State Assessment Review Board.
He described his interest in oil and gas issues and why he felt
he was qualified for the position.
1:50:46 PM
MR. LAFFEY, in response to several questions from Representative
Saddler, explained his understanding that most of the oil and
gas assessment issues come from the North Slope. He described
how his previous work applied to the board work, specifically
his analysis of statutory and regulatory rules and procedures as
well as his trial experience.
1:54:00 PM
MR. LAFFEY responded to several questions from Representative
Coulombe regarding his understanding of the State Assessment
Review Board and its work. He explained he was not aware of the
lack of transparency regarding some tax settlements.
[The confirmation hearings were held over.]
1:58:17 PM
The committee took a brief at-ease at 1:58 p.m.
HB 33-CONFLICT OF INTEREST: BD FISHERIES/GAME
1:59:25 PM
CO-CHAIR BURKE announced that the final order of business would
be HOUSE BILL NO. 33, "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."
1:59:47 PM
CO-CHAIR BURKE reopened public testimony on HB 33.
1:59:52 PM
JERRY MCCUNE, Government Relations, Commercial Fisheries
Hatcheries, testified in support of HB 33. He described the
difficulties encountered by a board member who was a commercial
fisherman or related to a commercial fisherman and how they were
not able to answer questions or offer expertise due to being
"conflicted out." He explained how this meant that important
information might not be brought to light. He agreed that a
board member with conflicts should not be able to vote but said
they should be able to offer their expertise.
2:02:46 PM
MR. MCCUNE, in response to a question from Representative
Saddler, explained that based on interpretations by the State of
Alaska Department of Law, lodge owners and guides are
categorized as services rather than commercial enterprises.
2:03:51 PM
MR. MCCUNE addressed several questions from Representative Elam
regarding representation on the Board of Fisheries. He
described why he believed it was an advantage to some user
groups if commercial fishermen could not contribute to the
discussion. Regarding why the Board of Fisheries is different
from other boards, he used the example of the Alaska Board of
Chiropractic Examiners which has only chiropractors while the
Board of Fisheries represents a number of interests. In terms
of whether the board is evenly distributed among user groups, he
said the balance changes from time to time, but he believed that
sports fishing is more heavily represented.
2:08:25 PM
MR. MCCUNE responded to a question from Representative Saddler
by emphasizing the importance of having a balance of interests
on the board.
2:10:10 PM
TRACY WELCH, Executive Director, United Fishermen of Alaska
(UFA), testified in support of HB 33. She described UFA and who
it represents. She described the reasons UFA supported HB 33,
emphasizing that board members with subject matter expertise
should be able to stay at the table to clarify issues that are
outside the expertise of other board members.
2:11:55 PM
MS. WELCH, in response to a question from Representative
Saddler, clarified her understanding that a board member who has
a conflict is prohibited from voting.
2:13:47 PM
NELS EVANS, Executive Director, Petersburg Vessel Owner's
Association, testified in support of HB 33. He pointed out that
those who have the most knowledge on commercial fisheries are
often conflicted out. If they are board members, they cannot
provide nuanced information relevant to matters before the
board, whereas sports and subsistence fisheries are allowed to
contribute to the conversation.
2:16:18 PM
LINDA BEHNKEN, Executive Director, Alaska Longline Fishermen's
Association, testified in support of HB 33. She stated that
individuals who have conflicts of interest people should be able
to clarify and provide information. She gave an example of
someone who did not understand the difference between trolling
and trawling or of different types of fish. A board member with
commercial fishing expertise would be able to clear up such
misunderstandings.
2:19:13 PM
MARK RICHARDS, Executive Director, Resident Hunters of Alaska,
testified in support of HB 33, as long as board members were not
allowed to vote on issues if they have conflicts of interest.
He pointed out that members with potential conflicts often have
relevant information to share.
2:21:11 PM
MR. RICHARDS, in response to several questions from
Representative Saddler, discussed Board of Fisheries
deliberations of the committee as a whole and pointed out how
that process differed from that of the Board of Game.
2:24:37 PM
SUSAN DOHERTY, General Manager, Southeast Regional Aquaculture
Association, testified in support of HB 33. She pointed out
that board members did not necessarily have the knowledge to ask
good questions which would help them rule on particular
proposals. She understood that people with conflicts should not
be able to vote. However, it seemed counterproductive to be
appointed but not be able to offer information. She described
how the board would determine if a member was conflicted out.
She also discussed the difference between offering information
during a meeting of the committee as a whole and contributing to
board deliberations.
2:28:01 PM
MS. DOHERTY responded to a question from Representative Saddler
regarding how conflicts of interest were determined.
2:30:27 PM
MALCOLM MILNE, President, North Pacific Fisheries Association,
testified in support of HB 33. He said he concurred with the
other witnesses and emphasized the importance of the issue.
2:32:08 PM
NATE ROSE, Vice President, Kodiak Seiners Association, testified
in support of HB 33. He described the complexity of the
management plan for Kodiak seiners and explained why it was
important for the seiners to provide clarity to the Board of
Fisheries' process.
2:34:49 PM
CO-CHAIR BURKE, after ascertaining there was no one else who
wished to testify, close public testimony on HB 33.
2:34:56 PM
REPRESENTATIVE LOUISE STUTES, Alaska State Legislature, as prime
sponsor of HB 33, in a closing statement, offered points of
clarification. She said she thinks it was made clear that the
Board of Fisheries and the Board of Game are unique because they
allocate state resources. She spoke about the key elements of
deliberation, comparing what is considered during board meetings
as similar to what is done by committee members in the
legislature. She pointed out that the sole change under HB 33
would be that if the supervisor or a majority of the members of
the respective board determine that a member's further
involvement will result in a conflict, then the member may not
vote.
2:39:42 PM
REPRESENTATIVE STUTES, regarding a comment from Representative
Mears, confirmed that because of [the current law], there are
people who are deciding not to serve on the board.
2:40:06 PM
REPRESENTATIVE STUTES, in response to a question from
Representative Saddler, explained that language in AS 39.52.960
clearly delineates what a conflict is.
2:43:01 PM
REPRESENTATIVE STUTES, in response to Representative Coulombe,
explained that the "supervisor" is the chair of the Board of
Fisheries. Regarding a list of recusals from 2005-2018, she
indicated that the proposed legislation would not have nearly as
big an impact on the Board of Game as it would the Board of
Fisheries. She reiterated that under this legislation if ethics
violations or conflicts were determined by the committee or by
statute, the member could not vote, but the member could
participate in discussions.
2:45:48 PM
JANE PIERSON, Staff, Representative Louise Stutes, Alaska State
Legislature, on behalf of Representative Stutes, prime sponsor
of HB 33, responded to a question from Representative Saddler by
echoing the sponsor's answer to Representative Coulombe that the
supervisor is the chair. Further, she noted that there is an
attorney general member present to help with legal issues.
2:47:33 PM
ART NELSON, Executive Director, Board of Fisheries, Alaska
Department of Fish & Game, in response to a follow-up question
from Representative Saddler as to whether the aforementioned
title of supervisor referred to anyone other than what is
referred to as the "designated supervisor" in the Ethics Act,
stated his understanding that "they are one and the same."
2:48:49 PM
MS. PIERSON, in response to Representative Elam as to whether
there is a commercial component to the Board of Game, said she
was not sure of the question but proffered that "there are hunts
that are sold" and "big game can be shut down."
REPRESENTATIVE STUTES suggested there might be a commercial
aspect to the Board of Game in terms of hunts that are guided
versus those that are not. She pointed out that she had not
delved into that issue since the Board of Game had indicated it
did not think HB 33 would have much effect on its operations.
REPRESENTATIVE ELAM explained that it feels as though the Board
of Fisheries has a greater tendency to get lopsided in terms of
balance of power.
REPRESENTATIVE STUTES replied that the user groups of the two
boards are similar and each hope to maintain their allocative
structure.
2:51:57 PM
REPRESENTATIVE COULOMBE noted a letter of opposition existed in
the bill file, written by a former chair of the Board of Game.
2:52:20 PM
CO-CHAIR DIBERT moved to report HB 33 out of committee with
individual recommendations and the attached zero fiscal note.
REPRESENTATIVE SADDLER objected. He said he still held concern
regarding "the provision that would allow a member with a
declared conflict to vote" and he would like to do further
research.
2:53:01 PM
A roll call vote was taken. Representatives Mears, Fields,
Hall, Dibert, and Burke voted in favor of reporting HB 33 out of
committee with individual recommendations and the attached zero
fiscal note. Representatives Elam, Coulombe, Rauscher, and
Saddler voted against it. Therefore, HB 33 was reported out of
the House Resources Standing Committee by a vote of 5-4.
2:54:08 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 2:54 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| H RES big game commercial services board resumes 25.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| Jessie Chmielowski AOGCC Resume 2024_Redacted.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| Sam Laffey Assessment Review Resume_Redacted.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| 2025 BGCSB Bloomquist & McCarthy Recomendation Letter to House Res.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| Susan A written testimony nominees considered H RES 3.17_Redacted.pdf |
HRES 3/17/2025 1:00:00 PM |
|
| Written Testimony HB 33 H RES 3.17 redacted.pdf |
HRES 3/17/2025 1:00:00 PM |
HB 33 |