Legislature(1999 - 2000)

04/07/2000 03:20 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                    SENATE RESOURCES COMMITTEE                                                                                
                           April 7, 2000                                                                                        
                             3:20 p.m.                                                                                          
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Rick Halford, Chairman                                                                                                  
Senator Robin Taylor, Vice Chairman                                                                                             
Senator Pete Kelly                                                                                                              
Senator Jerry Mackie                                                                                                            
Senator Lyda Green                                                                                                              
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Sean Parnell                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOLUTION NO. 13                                                                                                  
Relating to the membership of the Pacific Salmon Commission.                                                                    
     -HEARD AND HELD                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 108(FIN) am                                                                                               
"An Act relating to the use, operation, and regulation of boats;                                                                
establishing a uniform state waterway marking system; and providing                                                             
for an effective date."                                                                                                         
     -HEARD AND HELD                                                                                                            
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                              
                                                                                                                                
SJR 13 - See Resources Committee minutes dated 3/17/99 and 3/22/99.                                                             
                                                                                                                                
HB 108 - No previous Senate action.                                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Ms. Loretta Brown                                                                                                               
Staff to Senator Jerry Ward                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of SJR 13                                                                      
                                                                                                                                
Mr. Joe Malatesta, Sr.                                                                                                          
No address provided                                                                                                             
POSITION STATEMENT:  Supports SJR 13                                                                                          
                                                                                                                                
Ms. Sue Aspelund, Executive Director                                                                                            
Cordova Fishermen United                                                                                                        
PO Box 939                                                                                                                      
Cordova, AK  99574                                                                                                              
POSITION STATEMENT:  Supports SJR 13                                                                                          
                                                                                                                                
Mr. Herman Fandel                                                                                                               
702 Lawton Dr.                                                                                                                  
Kenai, AK  99611                                                                                                                
POSITION STATEMENT:  Opposed to SJR 13                                                                                        
                                                                                                                                
Ms. Karen McGahan                                                                                                               
PO Box 555                                                                                                                      
Homer, AK  99603                                                                                                                
POSITION STATEMENT: Did not comment on either piece of legislation.                                                           
                                                                                                                                
Mr. Dale Bondurant                                                                                                              
31864 Moonshine Dr.                                                                                                             
Soldotna, AK  99669                                                                                                             
POSITION STATEMENT:  Did not comment on either piece of                                                                       
legislation.                                                                                                                    
                                                                                                                                
Mr. Don Johnson                                                                                                                 
PO Box 876                                                                                                                      
Soldotna, AK  99669                                                                                                             
POSITION STATEMENT:  Opposed to the proposed committee substitute                                                             
for SJR 13.                                                                                                                     
                                                                                                                                
Mr. Paul Shadura                                                                                                                
PO Box 1632                                                                                                                     
Kenai, AK  99611                                                                                                                
POSITION STATEMENT:  Supports the proposed committee substitute for                                                           
SJR 13.                                                                                                                         
                                                                                                                                
Mr. David Martin                                                                                                                
71605 Sterling Hwy.                                                                                                             
Clam Gulch, AK  99568                                                                                                           
POSITION STATEMENT:  Supports SJR 13                                                                                          
                                                                                                                                
Mr. Gerry Merrigan                                                                                                              
Petersburg Vessel Owners Association                                                                                            
PO Box 232                                                                                                                      
Petersburg, AK  99833                                                                                                           
POSITION STATEMENT:  Opposed to the provision in SJR 13 that                                                                  
increases the membership of the Pacific Salmon Commission.                                                                      
                                                                                                                                
Mr. Mark Ducker                                                                                                                 
23258 S. Cohoe Loop Rd.                                                                                                         
Kasilof, AK  99610                                                                                                              
POSITION STATEMENT:  Supports SJR 13                                                                                          
                                                                                                                                
Mr. Arnold Enge                                                                                                                 
Member of the Northern Panel of the Pacific Salmon Commission                                                                   
Petersburg, AK  99833                                                                                                           
POSITION STATEMENT:  Opposed to SJR 13                                                                                          
                                                                                                                                
Mr. Tom Gemmell                                                                                                                 
United Fishermen of Alaska                                                                                                      
211 4th St.                                                                                                                     
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Took no position on SJR 13                                                                               
                                                                                                                                
Mr. Jim Becker                                                                                                                  
Member of the Northern Panel of the Pacific Salmon Commission                                                                   
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Opposed to increasing the membership of the                                                              
Pacific Salmon Commission                                                                                                       
                                                                                                                                
Representative Bill Hudson                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of HB 108                                                                                        
                                                                                                                                
Admiral Thomas Barrett                                                                                                          
U.S. Coast Guard                                                                                                                
PO Box 25517                                                                                                                    
Juneau, AK  99802                                                                                                               
POSITION STATEMENT: Supports HB 108                                                                                           
                                                                                                                                
Ms. Susan Hargis                                                                                                                
U.S. Coast Guard                                                                                                                
PO Box 25517                                                                                                                    
Juneau, AK  99802                                                                                                               
POSITION STATEMENT: Discussed the boat registration process                                                                   
                                                                                                                                
Mr. David Thompson                                                                                                              
Division of Public Health                                                                                                       
Department of Health and Social Services                                                                                        
PO Box 110610                                                                                                                   
Juneau, AK  99811-0610                                                                                                          
POSITION STATEMENT:  Supports HB 108                                                                                          
                                                                                                                                
Ms. Sharon Lobaugh                                                                                                              
Alaska Safe Kids                                                                                                                
3340 Fritz Cove Rd.                                                                                                             
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Supports HB 108                                                                                          
                                                                                                                                
Mr. Chuck Hosack, Deputy Director                                                                                               
Division of Motor Vehicles                                                                                                      
Department of Administration                                                                                                    
3300 B Fairbanks St.                                                                                                            
Anchorage, AK  99503                                                                                                            
POSITION STATEMENT:  Discussed fiscal note and placement of boating                                                           
safety program in DNR                                                                                                           
                                                                                                                                
Mr. Don Sherwood                                                                                                                
1640 Brink Dr.                                                                                                                  
Anchorage, AK  99504                                                                                                            
POSITION STATEMENT:  Supports HB 108                                                                                          
                                                                                                                                
Mr. Mike Folkerts                                                                                                               
Chair, Alaska Boating Safety Advisory Council                                                                                   
23739 Sunny Glen Drive                                                                                                          
Eagle River, AK  99577                                                                                                          
POSITION STATEMENT:  Supports HB 108                                                                                          
                                                                                                                                
Mr. Alan Parks                                                                                                                  
Homer, AK  99603                                                                                                                
POSITION STATEMENT:  Supports HB 108                                                                                          
                                                                                                                                
Mr. Mako Haggerty                                                                                                               
PO Box 2001                                                                                                                     
Homer, AK  99603                                                                                                                
POSITION STATEMENT:  Supports HB 108                                                                                          
                                                                                                                                
Mr. Roger McCampbell                                                                                                            
PO Box 321                                                                                                                      
Homer, AK  99603                                                                                                                
POSITION STATEMENT:  Supports HB 108                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 00-20, SIDE A                                                                                                            
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD called the Senate Resources Committee meeting to                                                             
order at 3:20 p.m.  Present at the call to order were Senators                                                                  
Mackie, Green, Pete Kelly, and Chairman Halford.                                                                                
                                                                                                                                
                                                                                                                                
           SJR 13-AK NATIVE ON PACIFIC SALMON COMMISSION                                                                    
                                                                                                                                
CHAIRMAN HALFORD announced that the committee would take testimony                                                              
on a  proposed committee  substitute  (CS) for SJR  13 but,  because                                                            
Senator Ward  was called out  of town, no  action would be  taken on                                                            
the legislation at this time.                                                                                                   
                                                                                                                                
                                                                                                                                
LORETTA  BROWN,  aide to  Senator  Jerry Ward,  sponsor  of SJR  13,                                                            
explained  that Senator Ward  prepared a CS  for SJR 13 which  makes                                                            
the following  changes. A section was added to page  2, beginning on                                                            
line 16, which reads:                                                                                                           
                                                                                                                                
     WHEREAS   the   Magnuson-Stevens   Fishery   Conservation   and                                                            
     Management  Act  on  the  status  of  North  Pacific  Fisheries                                                            
     Management  Council consisting  of 11  voting members  of which                                                            
     five members shall  be appointed by the United States Secretary                                                            
     of Commerce from lists  of residents of Alaska submitted by the                                                            
     Governor of Alaska;                                                                                                        
                                                                                                                                
MS.  BROWN  informed committee  members  that  several  people  were                                                            
waiting to address  this section via teleconference.   She noted Mr.                                                            
Malatesta  Sr. did  some  investigative  work on  this  issue.   Mr.                                                            
Malatesta   will  address  the  transcripts   of  his  taped   phone                                                            
interviews,  copies  of  which were  placed  in  committee  members'                                                            
packets.                                                                                                                        
                                                                                                                                
MS. BROWN  said the  other changes  made in  the CS  are on line  16                                                            
through 26 on page 2, and on lines 3 through 9 on page 3.                                                                       
                                                                                                                                
SENATOR  MACKIE  asked  if  those  sections  ask  the  Secretary  of                                                            
Commerce and the Governor to withdraw the appointees.                                                                           
                                                                                                                                
MS. BROWN  said that is  correct; they request  that the  nomination                                                            
process re-occur.                                                                                                               
                                                                                                                                
CHAIRMAN HALFORD asked Mr. Malatesta to testify.                                                                                
                                                                                                                                
MR. JOE  MALATESTA SR. made  the following  comments.  The  Magnuson                                                            
Stevens Fishery  Act is very important because it  was developed for                                                            
the United States fishing  industry to include bottomfish caught off                                                            
of the  coast  of Alaska.   Section  302 specifically  requires  the                                                            
Governor to first  consult with all users of the fisheries  resource                                                            
before making  any nominations.  Mr.  Malatesta said his  concern is                                                            
with  the process  used  by the  Governor  to conduct  the  people's                                                            
business and  whether the Governor  first consulted users  about his                                                            
nominations.    The Governor  sent  a  letter  to the  Secretary  of                                                            
Commerce dated  March 15, 2000 stating  that he met the culpability                                                             
requirements.   The  letter  included  a list  of the  names of  107                                                            
people  he consulted  with.  Mr.  Malatesta said  he contacted  five                                                            
individually  named  people,  five fishing  organizations,  and  the                                                            
owners or spokespersons  of four processing  companies on  the list.                                                            
All 14 people  that he spoke  with told him  that they had  not been                                                            
contacted by  the Governor or any  representative of the  Governor's                                                            
Office regarding the six nominees.                                                                                              
                                                                                                                                
MR. MALATESTA  repeated that the importance  of this matter  is that                                                            
the Governor wrote  to the Secretary of Commerce and  stated that he                                                            
did consult  with certain  individuals.   He said  no top  executive                                                            
officer   of   any  government   may   make   deceiving   or   false                                                            
representations.   The response from  the Governor's Office  is that                                                            
the Governor  has a lot of  leeway but he  does not.  Mr.  Malatesta                                                            
said  he  is   so  upset  because   this  Administration   has  been                                                            
circumventing the public  process for other board appointments, such                                                            
as the Board  of Fisheries.   The  Magnuson-Stevens Act contains  no                                                            
penalty  for this  misstatement  of  truth, however  when  a law  is                                                            
written and  it lacks a penalty clause,  it is left to the  trier of                                                            
facts, perhaps  a federal  judge, to decide  what the penalty  shall                                                            
be.  This Administration  will go down in the history  of this state                                                            
as the worst offender of circumventing the public process.                                                                      
                                                                                                                                
MR.  MALATESTA   stated  that  many  people  plan   to  bring  their                                                            
complaints  to the  Secretary of  Commerce  and they  may ask for  a                                                            
review by a special prosecutor.   He said his investigation has been                                                            
criticized because  he randomly chose the individuals  he contacted,                                                            
but his method was to choose  five individual names and five fishing                                                            
organizations  and all of the processors  on the list.  He  asserted                                                            
that he  did everything  he could to  be fair to  the Governor.   He                                                            
noted what  upset him most about the  Governor's March 15  letter to                                                            
the federal  government is that the  Governor attached the  names of                                                            
people  who provided  advice  about  his  nominations  to the  North                                                            
Pacific  Fisheries Management  Council (NPFMC).   Those people  were                                                            
never contacted.                                                                                                                
                                                                                                                                
MR. MALATESTA asked legislators  to tell the Governor that they will                                                            
not stand  for circumventing  the public  process by supporting  SJR
13.                                                                                                                             
                                                                                                                                
Number 824                                                                                                                      
                                                                                                                                
SENATOR LINCOLN referred  to the transcripts and asked Mr. Malatesta                                                            
who he is investigating this matter for.                                                                                        
                                                                                                                                
MR. MALATESTA  said he did this investigation on his  own behalf but                                                            
he noted that when investigative  interviews are conducted, one must                                                            
make  sure  that  the person  being  interviewed  is  aware  of  the                                                            
interviewer's background.   He stated he is the investigator for the                                                            
law firm of  Arthur Robinson and Allan  Beiswenger but he  conducted                                                            
the investigation on behalf  of over 150 commercial fishing families                                                            
and some  Native groups that  he does work  for regarding  fisheries                                                            
issues.   He  noted he  is an  advocate for  jobs  and for  Alaska's                                                            
commercial fishing industry.                                                                                                    
                                                                                                                                
CHAIRMAN HALFORD asked  testifiers to state support or opposition to                                                            
the version before the committee due to time constraints.                                                                       
                                                                                                                                
MS. SUE  ASPELUND, Executive  Director of  Cordova Fishermen  United                                                            
(CFU), stated CFU takes  its responsibilities regarding appointments                                                            
to boards and commissions  that regulate the Alaska fishing industry                                                            
very seriously.   The NPFMC  is one of the  most important  of those                                                            
commissions.    CFU  supports  the CS.  CFU  is  well known  to  the                                                            
Governor's Office  of Boards and Commissions - they  are in frequent                                                            
contact. CFU attended  the United Fishermen of Alaska  (UFA) meeting                                                            
in  early March.    It  had prepared  its  recommendations  for  the                                                            
nominations.   CFU members contacted  the Governor's Office  at that                                                            
time  and were  quite surprised  about  the disregard  shown by  the                                                            
Governor's Office for CFU's input.                                                                                              
                                                                                                                                
MR.  HERMAN  FANDEL  of Kenai  said  he  owns  three  sport  fishing                                                            
associated  businesses  in the Kenai  area.   He informed  committee                                                            
members  that  about  one  week  ago  the  Kenai  Peninsula  Borough                                                            
Assembly  voted down  Resolution 23.   That same  resolution  is now                                                            
before  legislators  [SJR  13] with  the  intent of  preventing  the                                                            
nomination  of a sport  fishing representative  to  the NPFMC.   The                                                            
sport  fishing industry  has no  representative on  this Council  at                                                            
all.   Commercial  fishermen  are opposing  the appointment  of  one                                                            
person  to  the  NPFMC  simply  because  that  nominee  is  a  sport                                                            
fisherman.  This sport  fisherman has contributed endless time, work                                                            
and money  to the  protection  of Alaska  waters and  its wild  fish                                                            
stocks.  He  is very knowledgeable  about Alaska's fisheries  and he                                                            
will do an excellent job  if appointed.  He maintained there is more                                                            
to SJR  13 than  meets the  eye.    He  stated he  is very  strongly                                                            
opposed to SJR 13.                                                                                                              
                                                                                                                                
MS. KAREN MCGAHAN, representing  herself, informed committee members                                                            
she has  fished  commercially and  hopes to  afford  to do it  again                                                            
someday.  She could not  believe that Governor Knowles nominated Bob                                                            
Penny  for this  position  as Mr.  Penny  will act  as a  "fox in  a                                                            
henhouse."  Mr. Penny's  main qualification is that he has a fishing                                                            
cabin on the  Kenai River and Governor  Knowles is often  his guest.                                                            
His appointment  is a nice  thank you from  Governor Knowles  at the                                                            
commercial fishermen's  expense.  This appointment is outrageous and                                                            
biased and, if not illegal,  it is unethical.  She believes Governor                                                            
Knowles should withdraw Mr. Penny's name for the nomination.                                                                    
                                                                                                                                
MR. DON JOHNSON of Soldotna  stated he is opposed to the proposed CS                                                            
for SJR 13.   He views SJR 13 as a  racist resolution.  He  believes                                                            
the fact  is that someone  is asking for an  appointee to be  on the                                                            
Council  with  a certain  kind  of  ethnic background.    He  cannot                                                            
believe Senator Ward would  put forth this legislation for others to                                                            
sign  on to.    A similar  resolution  was  presented  to the  Kenai                                                            
Peninsula  Borough one  week ago.   The Borough  Assembly voted  the                                                            
resolution  down twice.  The Assembly  thought a lot was  left to be                                                            
desired from Mr.  Malatesta's investigative process.   He stated the                                                            
Governor has no responsibility  to speak to everyone in each fishing                                                            
group.                                                                                                                          
                                                                                                                                
MR. BONDURANT,  testifying  from Kenai,  informed committee  members                                                            
that  he  attended  a three  day  discussion  of  the International                                                             
Halibut Commission  in Anchorage in  January related  to the halibut                                                            
issue.   It  was apparent  that the  representation  was  completely                                                            
weighted  by commercial  fishing participants.    The State's  trust                                                            
responsibility  for  common  use resources  is  supreme  and he  was                                                            
surprised  to  hear  Dr.  Leaman,  the  Executive  Director  of  the                                                            
Commission, state  that both the Canadian and U.S.  governments have                                                            
a robust commitment  to the protection  of the personal consumptive                                                             
users of halibut  stocks.  Mr. Bondurant said he believes  that will                                                            
also be the policy  when it comes to all the salmon  fisheries.  The                                                            
make-up  of the NPFMC  has been  monopolized  by commercial  fishing                                                            
interests.                                                                                                                      
                                                                                                                                
MR. BONDURANT maintained  that since beach, wildlife and waters have                                                            
been recognized  as a public trust  resource through the  centuries,                                                            
it  would  appear   to  be  the  responsibility  of  the   trustees,                                                            
legislators,  to support  the rights  of the public  as a whole  and                                                            
ensure  proper  representation  for  all  public  interests.    This                                                            
pending issue  must be viewed as an  attempt at intimidation  hiding                                                            
under claims of process  violation.  If there is to be any disparity                                                            
of that  obligation  of the  Council membership  as  a majority,  it                                                            
should be in  favor of the interests  of common personal  users.  He                                                            
offered  to  make  copies  available  of  papers  he  wrote  to  the                                                            
International  Halibut  Fisheries  Commission,  the NPFMC,  and  the                                                            
Alaska Sport Fish Division.                                                                                                     
                                                                                                                                
MR. PAUL SHADURA, a Kenai  resident, stated support for the proposed                                                            
CS  for SJR  13. He  read a  statement  from Harry  Bader  regarding                                                            
interstate  commerce,  which he  believes  this issue  is about.  He                                                            
believes  that the  procedures  to allow  people to  comment on  the                                                            
people  who represent  them on  such an  important  board should  be                                                            
open.                                                                                                                           
                                                                                                                                
MR. DAVID  MARTIN said  he has been  involved in  the fish and  game                                                            
process  for  about  20  years  and  was  chairman  of  an  advisory                                                            
committee.  He  believes this issue is about using  a public process                                                            
and knowing  who the  nominees are.   He stated  support for  SJR 13                                                            
because it holds the Governor  accountable for what the Magnuson Act                                                            
requires.                                                                                                                       
                                                                                                                                
MR. MARK DUCKER  emphasized that the public process  is the backbone                                                            
of  our  entire  government.   In  his  opinion,  he  agrees  almost                                                            
entirely  with  Mr. Martin  in  that  the public  process  has  been                                                            
circumvented in this case.                                                                                                      
                                                                                                                                
MR.  GERRY  MERRIGAN,  representing  the  Petersburg  Vessel  Owners                                                            
Association  (PVOA), said he  cannot support  the portion of  SJR 13                                                            
related to the  membership of the Pacific Salmon Commission  as that                                                            
would   necessitate   opening   up   the  congressional    amendment                                                            
establishing  the  Act.   That  Act was  recently  renegotiated  and                                                            
amended  after  a  lengthy process.    He  suggested  deleting  that                                                            
portion of the resolution  and moving it forward.  PVOA members have                                                            
a long history  with the  NPFMC and have held  several seats  on it.                                                            
From his  personal  experience, knowing  one area  of the  Southeast                                                            
fishery did  not prepare him well  for his three-year Council  seat.                                                            
He expressed concern  that none of the six nominees  advanced by the                                                            
Governor   were  on   a  list   known  to  the   public,   therefore                                                            
consultations  described in the letter to the Secretary  of Commerce                                                            
did not occur.  The preferred  nominees will represent a significant                                                            
departure  from present Council  structure  and make-up.  There  has                                                            
been no public opportunity to ask or answer questions as to why.                                                                
                                                                                                                                
MR.  MERRIGAN pointed  out  that six  other people  submitted  their                                                            
names  for consideration.   All  six had  some experience  with  the                                                            
Council process,  ranging  from serving on  either the Council,  the                                                            
Advisory Panel, Council  committees, or at the very least, attending                                                            
a meeting.   None  of those  names were  advanced  by the  Governor.                                                            
Interested   parties  sought  recommendations   and  endorsed   some                                                            
applicants  and   not  others,  no  doubt  bruising  some   feelings                                                            
unnecessarily.  One of  the most insulting aspects of the Governor's                                                            
letter  is  that  he said  he  consulted  with  the  commercial  and                                                            
recreational fishing  interests of the State and he  attached a list                                                            
of the  names of  over 100 groups  and individuals.   Yesterday,  he                                                            
asked the Governor's  Office how many of the groups  and individuals                                                            
knew that  Mr. Benton and  Mr. Penny were  potential nominees.   The                                                            
response was  honest, "Not many, very  few."  For these reasons,  he                                                            
supports SJR 13.                                                                                                                
                                                                                                                                
MR. ARNOLD  ENGE,  a member  of the  Northern Panel  of the  Pacific                                                            
Salmon Commission  for 12 years and a Petersburg resident,  said the                                                            
Commission  just  completed  a lengthy  process  to get  the  Treaty                                                            
renegotiated.   Legislation will be  required to change the  make-up                                                            
of the Commission.  The  other parties to the Treaty from Canada and                                                            
the Pacific  Northwest would insist  that there be no change  in the                                                            
power structure.    Since its inception, the representatives  on the                                                            
Pacific  Salmon Commission  have done  a fine  job representing  all                                                            
people of Alaska.   Alaska has been  served well by that  Commission                                                            
during  times  when  Alaska  was  being  ganged  up  on  by  others.                                                            
Consensus is required on all decisions made by that Commission.                                                                 
                                                                                                                                
MR.  TOM GEMMELL,  Executive  Director of  the United  Fishermen  of                                                            
Alaska,  said his testimony  is directed  at the  portion of  the CS                                                            
that deals with  the NPFMC.  UFA did not address the  other sections                                                            
of SJR 13 and  deferred to its Southeast member groups  to do so. In                                                            
UFA's  letter [to  the  Governor]  of March  10, UFA  endorsed  five                                                            
nominees for two  of the seats and it was aware of  two other people                                                            
with  sport  fishing  interests   who  had  applied  at  that  time.                                                            
According   to  a  printout  UFA   received  from  the  Boards   and                                                            
Commissions Office,  two applications were received  on March 13 and                                                            
two final  names were  received on  March 15,  the day the  Governor                                                            
sent a letter to the Secretary  of Commerce.  UFA had no opportunity                                                            
to comment on  those four names.  He referred to a  report published                                                            
by the Secretary  of Commerce in January, 2000.  In  that report the                                                            
Secretary of  Defense commented, "In  consideration of the  strongly                                                            
competitive  commercial fishing and  environmental interests  in the                                                            
North Pacific  fisheries,  the current balance  of inshore-offshore                                                             
gear groups  and ecosystem  representation  should be maintained  to                                                            
meet the apportionment  requirements  of the Magnuson Stevens  Act."                                                            
                                                                                                                                
MR. GEMMELL  asked to correct a comment  made previously  and stated                                                            
that two  people who represent  sport and  charter interests  sit on                                                            
the NPFMC Advisory Panel.   The halibut issue has been ongoing since                                                            
1993 and representatives  of the sport fishing industry were heavily                                                            
involved in the  committee work and elsewhere.  One  Council member,                                                            
Mr. Kyle, has been designated  by the Governor to carry the ball for                                                            
the sport-charter  fishermen.   UFA is not  opposed to changing  the                                                            
representation  of  the Council,  but  it wants  the  process to  be                                                            
public so that it can comment.   The Governor's process only allowed                                                            
user groups to  comment directly to the Secretary  of Commerce.  UFA                                                            
would prefer that discussions be held in Alaska first.                                                                          
                                                                                                                                
SENATOR   MACKIE  stated   that  some  of   the  Southeast   fishing                                                            
organizations  testified at a previous hearing in  strong opposition                                                            
to SJR  13 and gave compelling  testimony  about why the make-up  of                                                            
the Pacific Salmon  Commission should not be changed.   He asked why                                                            
UFA has taken no position on that issue.                                                                                        
                                                                                                                                
MR. GEMMELL  replied that  issue was brought  up at the October  UFA                                                            
meeting but UFA only takes positions on statewide issues.                                                                       
                                                                                                                                
SENATOR MACKIE  remarked that he finds himself in  a dilemma because                                                            
he thought  the  arguments made  about  the make-up  of the  Pacific                                                            
Salmon Commission  by the Southeast  fishing groups were  compelling                                                            
yet that portion  of SJR 13 has not been changed by  the CS. He said                                                            
he  recognizes UFA's  dissatisfaction  with  the Governor  over  the                                                            
process used  but the other problem  remains. He questioned  why UFA                                                            
has not looked at the make-up of the Commission.                                                                                
                                                                                                                                
MR. GEMMELL  said this issue only  came up last week and  he has not                                                            
had time to poll the UFA board yet.                                                                                             
                                                                                                                                
Number 2036                                                                                                                     
                                                                                                                                
SENATOR TAYLOR  noted the  Governor's March  15 letter lists  UFA as                                                            
the second  organization that provided  advice on his appointments.                                                             
                                                                                                                                
MR.  GEMMELL stated  UFA met  on April  [March]  8 and  he signed  a                                                            
letter dated April [March  ] 10 from the Board that named the people                                                            
it supported.    He pointed  out that  the Governor  stated, in  his                                                            
letter to the Secretary  of Commerce, that UFA provided advice.  The                                                            
word  "consulted"  was not  used.   Mr.  Gemmell  noted  UFA had  no                                                            
opportunity to comment on the six names that went forward.                                                                      
                                                                                                                                
MR.  JIM BECKER,  a member  of  the Northern  Panel  of the  Pacific                                                            
Salmon  Commission  and  an  interim  member  of  the  newly  formed                                                            
Transboundary  River Panel,  made the following  comments about  the                                                            
part  of  SJR  13  that  requests  an  additional   commissioner  to                                                            
represent  Alaska Native issues.   The Northern  Panel opposes  that                                                            
part  of the  resolution  because  it  sees no  need  to  add a  new                                                            
commissioner.     Opening  up  the  whole  process   would  be  very                                                            
cumbersome.  Alaska  is  well  represented  on  the  Pacific  Salmon                                                            
Commission.   One phenomenon  is that  all of  the gear groups  that                                                            
represent  Alaska speak  together with  a unified  voice before  the                                                            
Pacific Salmon  Commission.  One Alaskan already sits  on the panel,                                                            
and he has  input on all of Alaska's  positions with respect  to the                                                            
treaty  issues.     The  Southern  Treaty  tribes   have  their  own                                                            
commissioners  because  they  share  harvest  authority  with  their                                                            
respective  states.  That  situation  does not exist  in Alaska.   A                                                            
ten-year treaty has just  been negotiated with Canada which provides                                                            
Alaska  with  stability  with  respect   to harvest   sharing  among                                                            
fisheries.  Alaska  cannot just unilaterally add a  new commissioner                                                            
to the Northern Panel.   Alaska has an internal issue of subsistence                                                            
and Canada has  an internal issue with its First Nation  Settlement.                                                            
Those issues  are not normally dealt  with on the treaty  level.  He                                                            
noted that  Mr. Dave  Benton, who  is on the  Commission right  now,                                                            
does  an excellent  job representing  all  of the  interests in  the                                                            
State of Alaska.                                                                                                                
                                                                                                                                
CHAIRMAN HALFORD thanked  all participants and announced that SJR 13                                                            
would remain on the table.  The committee then took up HB 108.                                                                  
                                                                                                                                
          HB 108-USE, REGULATION, AND OPERATION OF BOATS                                                                    
                                                                                                                                
REPRESENTATIVE  BILL HUDSON, sponsor  of HB 108, gave the  following                                                            
overview.    HB 108  will  establish  a comprehensive  recreational                                                             
boating  safety  program   in Alaska.     It will   transfer  vessel                                                            
registration  from the U.S.  Coast Guard to  the Alaska Division  of                                                            
Motor Vehicles  (DMV), allowing  persons to  register a boat  at any                                                            
DMV office  by  mail, on-line,  or with  boat dealers.    Regulatory                                                            
authority  for boat  safety equipment  required by  federal and,  in                                                            
some cases,  state statute would essentially  remain the  same.  The                                                            
bill specifies  required  safety equipment  for boats  by class  and                                                            
updates the standards for  life jackets.  No new state money will be                                                            
required;  the program will  be paid for  with Wallop/Breaux  funds,                                                            
the registration  fees collected  by DMV,  and the reimbursement  of                                                            
federal  marine taxes.    The emphasis  of HB  108  is on  educating                                                            
people about boating  safety.  Alaska has no way to  go but up as it                                                            
already suffers ten times  the national average of marine recreation                                                            
deaths.   Every other state  has established  a similar program  and                                                            
most have cut their marine fatality rates in half.                                                                              
                                                                                                                                
TAPE 00-20, SIDE B                                                                                                              
                                                                                                                                
REPRESENTATIVE HUDSON continued.   With the longest coastline in the                                                            
United  states and  more lakes,  rivers and  streams, Alaska  should                                                            
want to prepare  its citizens with the best knowledge  and equipment                                                            
available to save lives.   He envisions a program in which the State                                                            
partners with the U.S.  Coast Guard Auxiliary.  He does not envision                                                            
a huge  new bureaucracy.   He is  absolutely convinced  that  HB 108                                                            
will save lives.                                                                                                                
                                                                                                                                
REPRESENTATIVE  HUDSON discussed  the changes  made in the  proposed                                                            
Senate Resources  Committee  substitute.   First, the exemption  for                                                            
non-mechanical  boats was removed  on page  10, line 13.  He  stated                                                            
that HB  108 originally  included small  boats.   About half  of the                                                            
states include them.  The  Coast Guard does not require registration                                                            
for small  boats because  it focuses  on power  boats which  present                                                            
more serious hazards, such  as explosions and fires.  He pointed out                                                            
that  many  drowning  fatalities  in Alaska  occur  from  travel  in                                                            
canoes, kayaks, and other  small craft.  The House desired to remove                                                            
small  craft from  mandatory  registration  but to  allow  voluntary                                                            
participation.  The Senate  Resources  CS also removed,  on page  9,                                                            
line 1, the phrase, "ten  foot or greater in length."  When drafting                                                            
the bill,  he chose that  length because  many recreational  boaters                                                            
carry small  shuttle  boats on their  power boats.   He recommended                                                             
putting that phrase back in the bill.                                                                                           
                                                                                                                                
SENATOR  MACKIE asked  Representative  Hudson  if that  is the  only                                                            
change in the CS that he takes exception to.                                                                                    
                                                                                                                                
REPRESENTATIVE  HUDSON  replied  there  are three  changes  that  he                                                            
disagrees with.   He said the exemption for non-mechanical  boats is                                                            
the committee's  call.  He cautioned  that issue was contentious  on                                                            
the House side  so it may be difficult to get the  House to agree to                                                            
the change.   He  personally does  not believe  that non-mechanical                                                             
boats fall into the same  class as power boats which deal with fires                                                            
and explosions but he repeated that is a policy call.                                                                           
                                                                                                                                
SENATOR  MACKIE  asked  if non-mechanical   boats  will have  to  be                                                            
registered under the CS.                                                                                                        
                                                                                                                                
REPRESENTATIVE HUDSON said that is correct.                                                                                     
                                                                                                                                
CHAIRMAN  HALFORD indicated  two questions  are being discussed  and                                                            
that he  agrees with Representative  Hudson  that boats ten  feet or                                                            
smaller should  be exempt.  He said  the problem is that  about one-                                                            
third  of the  fatalities  occur  when  people  are boating  in  the                                                            
smaller  class of boats.   He noted  that he  has been contacted  by                                                            
power boat associations  who do not like the bill  but feel strongly                                                            
that if enacted, it should apply to all boaters.                                                                                
                                                                                                                                
SENATOR MACKIE asked if  exempting boats ten feet or smaller will be                                                            
a half-way point.                                                                                                               
                                                                                                                                
CHAIRMAN HALFORD stated it will at least remove some of them.                                                                   
                                                                                                                                
REPRESENTATIVE  HUDSON clarified that would exempt  any vessel under                                                            
ten feet  without  power from the  registration  requirements.   Any                                                            
boat ten feet or longer  will have to have a decal and be registered                                                            
every three years like power boats.                                                                                             
                                                                                                                                
CHAIRMAN  HALFORD noted  the difference  is between  a dinghy  and a                                                            
canoe.   Most people carry  dinghies on their  power boats  that are                                                            
less than  ten feet but  canoes and kayaks  are usually longer  than                                                            
ten feet.                                                                                                                       
                                                                                                                                
REPRESENTATIVE HUDSON said  leaving the exemption for boats ten feet                                                            
or smaller  would  give some  relief.  He  stated the  next area  of                                                            
concern,  which  he  believes  is  a policy  call,  is  placing  the                                                            
authority  for this  program with  the Department  of Public  Safety                                                            
(DPS) rather  than the Department  of Natural  Resources (DNR).   He                                                            
pointed  out that  the original  boating safety  program in  Alaska,                                                            
which is in statute,  requires life saving equipment  and reporting.                                                            
That program  was originally under  the purview of DPS but  Governor                                                            
Knowles  transferred it  to DNR's Division  of Parks  in 1998.   The                                                            
Coast  Guard  will give  the  State  the authority  to  manage  this                                                            
program regardless  of which  department it  is housed in.   He felt                                                            
DNR is more  appropriate because the  emphasis of the program  is on                                                            
education rather than enforcement.                                                                                              
                                                                                                                                
SENATOR  MACKIE asked  if  the proposed  CS recommends  placing  the                                                            
program in DPS and what position DPS has taken.                                                                                 
                                                                                                                                
CHAIRMAN HALFORD  said it would be  housed in DPS and that  DPS does                                                            
not want  the program  without  the money.   He  indicated that  his                                                            
constituency  has expressed concern  that placing the program  under                                                            
the Division of Parks will  give that division enforcement authority                                                            
over all navigable waters in the State.                                                                                         
                                                                                                                                
REPRESENTATIVE  HUDSON  responded that  the bill  contains  specific                                                            
language that prevents  any provision in the bill from being used to                                                            
deny access.    It also includes a provision that  requires boarding                                                            
by enforcement agents to  be based on probable cause.  Under current                                                            
law,  agents  can  board  without  probable   cause.    The  penalty                                                            
provision was  also changed so that a judge will establish  the fee.                                                            
He said he reached  pretty far to try to satisfy many  concerns.  He                                                            
could  not  change  Section (g)  on  page  9 to  provide  life  time                                                            
registration because  federal law requires that registration  be for                                                            
no longer  than three  years.   He repeated  that, as  far as  he is                                                            
concerned, the  new provision regarding the non-mechanical  boats is                                                            
a policy  call  and it  would  not prevent  the program  from  being                                                            
implemented as long as  he can get the votes on the House side.  The                                                            
House  chose  to provide  that  exemption  and  to  offer  voluntary                                                            
registration because  many groups of paddlers who  testified were in                                                            
favor of being in the program.                                                                                                  
                                                                                                                                
SENATOR MACKIE  asked Representative  Hudson his opinion  of putting                                                            
the program in DPS.                                                                                                             
                                                                                                                                
REPRESENTATIVE  HUDSON answered  he prefers DNR.   He wants  to keep                                                            
the program educational  plus, while the bill was on the House side,                                                            
the possibility  of DPS was  not raised so  House members never  had                                                            
the opportunity  to hear from DPS about how it would  administer the                                                            
program.   He  added that  DMV  will be  able  to take  care of  the                                                            
registration.   The bill requires  75 percent of the federal  marine                                                            
taxes that  will be  returned to the  State to  be spent on  boating                                                            
safety  education  in  an  effort  to limit  the  bureaucracy.    In                                                            
addition, the  bill only provides  for five positions to  administer                                                            
the program; three employees  to register boats at DMV and a program                                                            
director and assistant.   He noted that he can live  with the change                                                            
to DPS and the  provision requiring registration of  boats under ten                                                            
feet, but  he cannot live  with the life  time registration  because                                                            
that will  kill the bill.   Regarding approval  by the Coast  Guard,                                                            
Representative  Hudson  said it has  approved  the preliminary  plan                                                            
that he put together.   The Coast Guard laid out the  parameters the                                                            
State will have to meet.                                                                                                        
                                                                                                                                
CHAIRMAN HALFORD noted  the three differences in the proposed CS are                                                            
the   change   to  DPS,   perpetual   registration,   and   required                                                            
registration for all boats  versus power boats versus boats over ten                                                            
feet. He  pointed out that  a commercial  trailer using the  highway                                                            
can be  registered for  life at a  cost of $10  but a canoe  with an                                                            
electric outboard  will have to register  every three years  because                                                            
of a federal  requirement.  He was  interested in getting  the Coast                                                            
Guard  to  agree  to  long  term  registration  as  a  condition  of                                                            
establishing the program.                                                                                                       
                                                                                                                                
REPRESENTATIVE HUDSON said,  from his professional experience in the                                                            
Coast Guard,  he believes  the three year  registration system  will                                                            
provide  a search  and rescue  tool.   To  identify a  boat with  an                                                            
owner, registrations need  to be updated. The Coast Guard has always                                                            
limited registration  length to no more than three  years because it                                                            
wants  to keep  the information  that  ties  the owner  to the  boat                                                            
current.                                                                                                                        
                                                                                                                                
CHAIRMAN  HALFORD said  he does  not disagree  with  that idea,  but                                                            
Alaska has less than 50  percent participation in boat registration,                                                            
particularly in rural Alaska.   He noted the $600,000 that will come                                                            
from registration fees  is now in the hands of Alaskans because they                                                            
do not  comply.   That  amount will  double  if a  state program  is                                                            
enforced.                                                                                                                       
                                                                                                                                
Number 1502                                                                                                                     
                                                                                                                                
ADMIRAL THOMAS  BARRETT, U.S. Coast  Guard, discussed the  following                                                            
points.  HB 108  will affect every region of Alaska.   About half of                                                            
the drowning  deaths in Alaska happen  on the coast, the  other half                                                            
happen on inland waters.   He asked legislators to consider the fact                                                            
that prior  to passage  of the Fishing  Vessel  Safety Act in  1994,                                                            
deaths in the  fishing industry each year were double  what they are                                                            
now.  That experience  suggests that if the Legislature  passes safe                                                            
boating  legislation,  a reduction  in  the number  of recreational                                                             
boating fatalities  will occur.  The  price of that success  will be                                                            
the cost and the  registration requirement.  The Coast  Guard has no                                                            
discretion  over the length  of the registration  period; the  three                                                            
year limit  is written in the federal  Boat Safety Act.   The public                                                            
policy  reason for  that  three year  requirement  is  the need  for                                                            
current  information  to  make this  program  successful.    Admiral                                                            
Barrett recounted  a recent incident  in which a Coast Guard  cutter                                                            
travelling  South from Kodiak in March  sighted an overturned  skiff                                                            
on the beach.  Coast Guard  personnel investigated and surmised that                                                            
the boat had  been there for awhile,  however had the boat  recently                                                            
washed up,  with no registration information  the Coast Guard  could                                                            
not have followed  up on that accident.   That type of event  is not                                                            
uncommon in Alaska.                                                                                                             
                                                                                                                                
ADMIRAL  BARRETT  said  about  23  states  provide   for  three-year                                                            
registration   programs  while   about  20   provide  for   one-year                                                            
registration  and  some  for two  years.   Six  states  provide  for                                                            
registration periods  from one to three years, at  the option of the                                                            
owner. He  thanked committee  members for considering  HB 108  as it                                                            
will help the citizens of Alaska for many years to come.                                                                        
                                                                                                                                
Number 1231                                                                                                                     
                                                                                                                                
SENATOR MACKIE  asked Admiral  Barrett to  comment on the  exemption                                                            
for non-mechanical boats or boats under ten feet.                                                                               
                                                                                                                                
ADMIRAL  BARRETT responded  that  about half  of  the states  exempt                                                            
smaller boats.   The Coast  Guard's regulations  apply to  motorized                                                            
craft with  no length restriction  because  motorized craft  tend to                                                            
operate  on bigger water  and have  a fire and  explosion risk.   He                                                            
pointed out that Representative  Hudson is correct in that one-third                                                            
of the drowning  deaths from recreational  boating in Alaska  happen                                                            
in non-motorized craft.    He felt the exemption for boats under ten                                                            
feet addresses  the concern about  the dinghies used by boat  owners                                                            
to get  to and from  a moorage.   He felt that  question is  a state                                                            
policy issue.                                                                                                                   
                                                                                                                                
CHAIRMAN  HALFORD said regarding  the perpetual  registration  issue                                                            
and search and rescue,  the Federal Aviation Administration provides                                                            
for perpetual  registration of aircraft.   He asked why a  different                                                            
approach is taken by a  parallel federal agency.  He noted that some                                                            
states require annual registration to bring in more money.                                                                      
                                                                                                                                
SENATOR  MACKIE  felt  it  is  a given  that  a  revenue  stream  is                                                            
necessary  to provide  educational programs.   He  repeated that  75                                                            
percent of the  income will have to be used for education  programs.                                                            
 He pointed  out that  the three-year registration  requirement  was                                                            
established  by federal law so there  is no way to get around  that.                                                            
                                                                                                                                
CHAIRMAN  HALFORD  indicated that  most  people are  more  concerned                                                            
about remembering  to register  every year  rather than the  cost of                                                            
paying for several years at a time.                                                                                             
                                                                                                                                
SENATOR MACKIE  commented that having grown up around  the water, he                                                            
has participated  in many  search and rescues  so he can  appreciate                                                            
the need for  updated vessel registrations.   He added that  in many                                                            
cases, the only way to  verify whether someone was in distress after                                                            
finding a beached  boat was to call  the home to find out  if anyone                                                            
was lost.   He felt the  most important aspect  of this bill  is the                                                            
ability to  provide ongoing education  for children because  he sees                                                            
many kids driving  skiffs with no life jackets.  He  noted the issue                                                            
of where this  program resides is  unimportant in light of  the need                                                            
for the program and the number of lives that can be saved.                                                                      
                                                                                                                                
Number 946                                                                                                                      
                                                                                                                                
MS. SUSAN HARGIS, U.S.  Coast Guard, informed committee members that                                                            
she manages boat registrations  statewide, and that she gets about a                                                            
ten percent  return rate  from renewal notices  because people  move                                                            
and she does not get current  information.  A significant percentage                                                            
of the  renewal notices are  returned with  a forwarding address  so                                                            
she is  able to  track  people down.   The  three-year registration                                                             
period enables her to do that.                                                                                                  
                                                                                                                                
MR. DAVID THOMPSON,  Division of Public Health (DPH),  Department of                                                            
Health  and Social  Services, said  DPH wishes  to go  on record  in                                                            
support of HB  108.  Alaska's rate for unintentional  drowning death                                                            
is the highest  in the nation, and  ten times the national  average.                                                            
The comprehensive  and statewide boating safety program  is expected                                                            
to drive  this rate down  and save the lives  of numerous  Alaskans.                                                            
DPH became involved  in the Kids Don't Float program  in 1997.  That                                                            
program has expanded  to 170 sites around the state  and is credited                                                            
with  saving four  lives.   DPH  also applauds  the  efforts of  the                                                            
Tanana Chiefs  Conference,  the Yukon Kuskokwim  Health Corporation                                                             
and other Native  organizations for making float coats  available in                                                            
rural areas  and promoting  their use.  DPH  pledges to continue  to                                                            
support   health  and  safety   programs   geared  toward   drowning                                                            
prevention.                                                                                                                     
                                                                                                                                
Number 803                                                                                                                      
                                                                                                                                
MS. SHARON LOBAUGH, Alaska  Safe Kids, thanked Representative Hudson                                                            
for sponsoring  HB 108  as she  feels passionate  about this  issue.                                                            
Alaska Safe  Kids is the only organization  in the nation  organized                                                            
to  prevent  childhood  injuries.    Alaska's  program  is  tied  to                                                            
National  Safe  Kids,  which  has  corporate  sponsors  and  several                                                            
thousand  chapters.    Data  shows   that  more  children  die  from                                                            
injuries, not  disease.  Alaska Safe  Kids strongly supports  HB 108                                                            
because  drowning is  a major reason  for child  fatalities.   After                                                            
hearing testimony and debate  on HB 108 in the House, she learned of                                                            
the large  number of people  who have had  some personal  experience                                                            
with  fatalities   from  drowning.    She  discussed   the  public's                                                            
enthusiasm  at the start  of the Kids Don't  Float program  in Homer                                                            
and incidents in which this program saved lives.                                                                                
                                                                                                                                
CHUCK HOSACK, Deputy Director  of DMV, stated the fiscal note passed                                                            
by  the House  only  applies to  power  boats.   If HB  108  passes,                                                            
approximately  75,000  boats will  have to  be registered.   If  the                                                            
Legislature  adds  the  provision  requiring  non-powered  boats  to                                                            
register,  the number  of required  boats will  increase to  100,000                                                            
which will  have a significant impact  on the fiscal note.   It will                                                            
increase DMV's  workload but it will also increase  revenue by about                                                            
$333,000  per year.   He suspects  that if  a one-year registration                                                             
period is offered, most  people will choose that rather than pay for                                                            
three years at a time.   The snowmachine registration program allows                                                            
for either  a two, four,  or six-year registration  period.   Of the                                                            
23,000  registered snow  machines, only  four owners  opted for  the                                                            
four-year  registration and,  as of December,  no one opted  for the                                                            
six-year registration.   He favors a three-year registration  period                                                            
because  if  the period  is  longer  people will  not  update  their                                                            
addresses.  The registration  expiration date provides a means to do                                                            
that, even if  boats change ownership within the three-year  period.                                                            
He offered to answer questions.                                                                                                 
                                                                                                                                
CHAIRMAN HALFORD  asked if the fiscal  note Mr. Hosack was  speaking                                                            
to applied  to the version  of HB 108 that  went to the House  floor                                                            
before it was amended.                                                                                                          
                                                                                                                                
MR. HOSACK said it is.                                                                                                          
                                                                                                                                
CHAIRMAN HALFORD explained  that fiscal note would then apply to the                                                            
proposed CS before the committee.                                                                                               
                                                                                                                                
MR. HOSACK said  that version had additional positions  to cover the                                                            
registration of non-powered boats.                                                                                              
                                                                                                                                
CHAIRMAN HALFORD  asked if the House version, before  it was amended                                                            
on the House floor, exempted boats under ten feet in length.                                                                    
                                                                                                                                
MR. HOSACK said that is correct.                                                                                                
                                                                                                                                
TAPE 00-21, SIDE A                                                                                                              
                                                                                                                                
MR. DON SHERWOOD,  a boater in Alaska  for over 30 years,  stated he                                                            
believes the authority  for this program should be moved from DNR to                                                            
DPS because  of DNR's record of limiting  and restricting  access to                                                            
state waters and  lands.  Second, regarding registration,  he thinks                                                            
if all boaters  are going to use this  program, all should  pay.  He                                                            
has rescued non-motorized  boats with no registration  numbers which                                                            
encouraged  searches  that did  not  need to  happen.   He  believes                                                            
Alaska needs a Boating  Safety Act and he asked committee members to                                                            
consider his suggestions and pass the legislation.                                                                              
                                                                                                                                
Number 131                                                                                                                      
                                                                                                                                
MR.  MIKE  FOLKERTS,  Chairperson   of the  Alaska   Boating  Safety                                                            
Advisory Council, made  the following points.  The federal money for                                                            
this bill  and the State  match will not go  into the general  fund.                                                            
This means  users will definitely  be getting  the benefit  of their                                                            
money.   Much  of this  bill  already exists  in federal  and  state                                                            
statutes.  HB 108 will give  the State the  authority to  promulgate                                                            
regulations  and it  will give  oversight authority  to the  Boating                                                            
Safety Council.  Enactment  of HB 108 will greatly reduce the number                                                            
of drowning  deaths  in Alaska  by  providing money  for  education,                                                            
money  that  Alaska  now  sends  to other  states.    He  asked  the                                                            
committee to pass HB 108.                                                                                                       
                                                                                                                                
MR. ROGER MCCAMPBELL,  a resident of Homer, said he  was speaking on                                                            
his own behalf  although he has worked for DNR for  12 years and did                                                            
search and rescue work  for the federal government for 15 years.  He                                                            
supports HB 108 but believes  the program should be housed in DNR as                                                            
the  focus  of  the   program  is  on  education.     DNR  has  been                                                            
administering an educational program for the past three years.                                                                  
                                                                                                                                
MR. ALAN PARKS,  a commercial fisherman, stated support  for HB 108.                                                            
He noted when the Commercial  Fishing Vessel Safety Act was enacted,                                                            
industry people were apprehensive  about it but they have found that                                                            
it contained  practical requirements  that work.  In 1997,  his boat                                                            
rolled  over and  sank.   Had he  not been  trained  to operate  his                                                            
safety equipment,  he would not be  alive today.  He favors  placing                                                            
the program in DNR and asked committee members to pass HB 108.                                                                  
                                                                                                                                
MR. MAKO HAGGERTY,  a water taxi operator  in Kachemak Bay,  thanked                                                            
Representative  Hudson for all of the work he has  done on this bill                                                            
and asked  committee members  to support  it.   Many of the  foolish                                                            
activities  that  occur  on  the  water   could  be  curtailed  with                                                            
education  rather than  enforcement.   He believes  that DNR  is the                                                            
better agency to oversee the program.                                                                                           
                                                                                                                                
Number 903                                                                                                                      
                                                                                                                                
CHAIRMAN  HALFORD noted the  Department of  Administration  runs the                                                            
registration  part of the  program and that  the other two  parts of                                                            
the program are education  and enforcement.  He repeated that he has                                                            
no problem with DNR administering  the education part of the program                                                            
but  his   constituents   are  very  concerned   about  DNR   having                                                            
enforcement  authority over all navigable  waters in the  State.  He                                                            
asked if there  is a way to separate  the education and enforcement                                                             
components of the program.                                                                                                      
                                                                                                                                
REPRESENTATIVE  HUDSON responded that separating the  two components                                                            
would work  within the  memorandum of understanding  with the  Coast                                                            
Guard.  He indicated the  question of who can board and enforce came                                                            
up on  the House  side.   He was told  that under  current law,  any                                                            
peace officer,  including Fish and Wildlife Protection  officers and                                                            
Coast Guard officers,  are authorized to enforce the  law.  He asked                                                            
for a  little time  to work  on some  language  to address  Chairman                                                            
Halford's concern.                                                                                                              
                                                                                                                                
SENATOR MACKIE  said that most people  in his communities  would not                                                            
recognize  a  State  park ranger  because  they  are  surrounded  by                                                            
federal  land therefore,  if  a park ranger  tried  to enforce  this                                                            
program,  a serious misunderstanding  could  occur.  He agreed  that                                                            
splitting  the two  components  among DNR  and DPS is  a good  idea.                                                            
Regarding the  lifetime registration, Senator Mackie  said he favors                                                            
the three-year  registration period.   He asked Chairman  Halford if                                                            
his intention  is to tighten the bill  by including boats  under ten                                                            
feet.                                                                                                                           
                                                                                                                                
CHAIRMAN HALFORD  replied that he is proposing to  include all boats                                                            
as the original  House version did in response to  his constituents'                                                            
concerns.    His   main  concern  is  the  issue  of   the  lifetime                                                            
registration  but if  that provision  is forbidden  by federal  law,                                                            
changing it  will not work.  He believes  the FAA does very  well at                                                            
locating  and  identifying   airplanes  and  it  offers  a  lifetime                                                            
registration.   The FAA periodically  sends out activity  reports to                                                            
registrants   asking  for   updated  information.     He   suggested                                                            
continuing  to push for  the lifetime registration  and including  a                                                            
sunset provision  in the bill to give  the Coast Guard an  incentive                                                            
to get the  federal law changed.   He stated in reality,  two-thirds                                                            
of the areas in which the  most drownings occur will not have any of                                                            
these programs or enforcement  no matter who administers the program                                                            
because those areas are rural.                                                                                                  
                                                                                                                                
SENATOR MACKIE  asked Chairman Halford  his intention regarding  the                                                            
requirement to  register non-powered boats over ten  feet in length.                                                            
                                                                                                                                
CHAIRMAN HALFORD said that will remain in the bill.                                                                             
                                                                                                                                
REPRESENTATIVE  HUDSON said  he would work  on language to  separate                                                            
the enforcement function and place it in DPS.                                                                                   
                                                                                                                                
There  being no  further  business  to come  before  the  committee,                                                            
CHAIRMAN HALFORD adjourned the meeting at 5:20 p.m.                                                                             

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