Legislature(1999 - 2000)
05/10/1999 03:15 PM Senate RES
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* first hearing in first committee of referral
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SENATE RESOURCES COMMITTEE
MAY 10, 1999
3:15 P.M.
MEMBERS PRESENT
Chairman Rick Halford
Senator Lyda Green
Senator Jerry Mackie
Senator Pete Kelly
Senator Georgianna Lincoln
MEMBERS ABSENT
Senator Robin Taylor
Senator Jean Parnell
COMMITTEE CALENDAR
SENATE BILL NO. 171
"An Act relating to the release of certain records and reports
required by the Department of Fish and Game regarding fish,
shellfish, or fishery products and reports of fish buyers and
processors; relating to the transfer of certain land within the
McNeil River State Game Refuge and McNeil River State Game
Sanctuary to the state; and providing for an effective date."
-MOVED SB 171 OUT OF COMMITTEE
WITNESS REGISTER
Mr. Geron Bruce, Legislative Liaison
Alaska Department of Fish and Game
P.O. Box 25526
Juneau, AK 99802-5526
POSITION STATEMENT: Supported SB 171.
Ms. Jane Angvik, Director
Division of Land
Department of Natural Resources
3601 C St. Ste 1122
Anchorage, AK 99503
POSITION STATEMENT: Supported SB 171.
Mr. Steve White, Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, AK99811-0300
POSITION STATEMENT: Commented on SB 171.
ACTION NARRATIVE
TAPE 31, SIDE A
Number 001
SB 171-FISHERY DATA; LAND REC'D BY STATE
CHAIRMAN HALFORD called the Senate Resources Committee meeting to
order at 3:15 p.m. and announced SB 171 to be up for consideration.
MR. GERON BRUCE, ADFG, said there are four proposed amendments
regarding who can receive confidential data as described in AS
16.058.815, which deals with two kinds of records: privileged and
confidential. Some financial information from processors is
restricted by statute, but is important in producing summary
reports that are not confidential. These reports are very
important for different agencies to use in analyzing fisheries
policy issues, conducting sound management of our fisheries
resource, and enforcing regulations.
Specific amendments clarify the authority of ADF&G to release
confidential data to the Commercial Fisheries Entry Commission
(CFEC) which summarizes the economic information, but does not
reveal the confidential information.
The second amendment clarifies that CFEC can release this
confidential data to the entities listed in statute. The third
amendment specifies that ADF&G may share the data with the Alaska
Fisheries Information Network, an arm of the Pacific States Marine
Fisheries Commission, and has a contract with the ADF&G to assist
in the management of the groundfish fisheries and the offshore
fisheries.
The fourth amendment authorizes CFEC and ADF&G to release
confidential data to the National Marine Fisheries Service and the
National Oceanic and Atmospheric Administration to use in
enforcement of state and federal fisheries laws.
Number 100
CHAIRMAN HALFORD asked if the level of confidentiality of the data
changes when it goes to them and if it's possible to pass it on to
anyone not authorized by Alaska Statute.
MR. BRUCE said that was right.
SENATOR MACKIE asked if this bill denies access to information like
prices and the amount of cases that are being sold, etc.
MR. BRUCE replied that does not change; unauthorized agents cannot
get confidential data right now. They can get summary data. SB
171 continues to protect the individual record, called a pink slip,
and information from individual processors.
SENATOR MACKIE asked if they will continue to receive all the
information they receive now.
MR. BRUCE answered that is correct.
MR. STEVE WHITE, Assistant Attorney General, said without the
changes in Section 1, it would be hard to do prosecutions of fish
violations on stocks that cross federal and state boundaries and
certain fisheries inside state waters. They would have to go
outside, file action and have a court hearing before they could
introduce fish tickets against violators.
SENATOR HALFORD asked what we would do if a federal agency
transfers information to another agency that is not on the list.
MR. WHITE answered ADF&G would have to make sure the data is
authorized for the agency it is going to and that they have signed
a confidentiality statement.
SENATOR MACKIE asked what happens if they do it.
MR. WHITE replied that there are confidential agreements with the
agencies that receive it and if they violate it, they will be
liable.
CHAIRMAN HALFORD said he wanted to make sure it was enough of a
violation that it isn't ever going to happen. He didn't want the
information to be used against Alaskan fishermen in any federal
enforcement idea that is contrary to the intent of the State.
MR. WHITE said the whole purpose is very limited, purely for
fisheries management.
Number 200
CHAIRMAN HALFORD said the mesh in this net is intended to be small.
MS. JANE ANGVIK, DNR, said they have a few concerns, but don't
object to the bill.
CHAIRMAN HALFORD asked if Sections 2 and 3 need to have examples.
MS. ANGVIK said DNR has no objection to the bill. It has a process
for reviewing potential conveyances to the State, but this would
save them a lot of work.
Number 227
SENATOR GREEN moved to pass SB 171 from committee with individual
recommendations. There were no objections and it was so ordered.
CHAIRMAN HALFORD adjourned the meeting at 3:30 p.m.
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