Legislature(2023 - 2024)BUTROVICH 205

04/04/2023 01:30 PM Senate TRANSPORTATION

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01:31:47 PM Start
01:32:40 PM Confirmation Hearing
01:52:07 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Consideration of Governor’s Appointees: Edward
Sinclair, Board of Marine Pilots
+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Teleconference <Listen Only> --
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         April 4, 2023                                                                                          
                           1:31 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator James Kaufman, Chair                                                                                                    
Senator David Wilson, Vice Chair                                                                                                
Senator Löki Tobin                                                                                                              
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Robert Myers                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING                                                                                                            
                                                                                                                                
Board of Marine Pilots                                                                                                        
Edward Sinclair                                                                                                                 
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CAPTAIN EDWARD SINCLAIR, Appointee                                                                                              
Board of Marine Pilots                                                                                                          
Department of Commerce, Community and Economic Development                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified for reappointment to the pilot                                                                  
seat for the Board of Marine Pilots.                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:31:47 PM                                                                                                                    
CHAIR  JAMES KAUFMAN  called the  Senate Transportation  Standing                                                             
Committee meeting  to order at 1:31  p.m. Present at the  call to                                                               
order  were Senators  Wilson, Kiehl,  and Chair  Kaufman. Senator                                                               
Tobin arrived soon thereafter.                                                                                                  
                                                                                                                                
^CONFIRMATION HEARING                                                                                                           
                      CONFIRMATION HEARING                                                                                  
                     BOARD OF MARINE PILOTS                                                                                 
                                                                                                                                
1:32:40 PM                                                                                                                    
CHAIR  KAUFMAN announced  the confirmation  hearing to  reappoint                                                               
Edward Sinclair to the Board of  Marine Pilots. He stated that AS                                                               
8.62 establishes the  Board of Marine Pilots and  its duties. The                                                               
board  adopts regulations  to carry  out the  mission to  provide                                                               
efficient and  competent piloting  service for the  protection of                                                               
shipping, human  life, property and  the marine  environment. The                                                               
board  makes final  licensing  decisions  and takes  disciplinary                                                               
action against  people who violate  the licensing laws.  He noted                                                               
that  the board  meets three  times a  year and  offers a  public                                                               
comment period at  each meeting. He stated that  Mr. Sinclair was                                                               
originally  appointed to  the board  on  March 1,  2019, and  was                                                               
reappointed  on March  10,  2023. If  confirmed  again, his  term                                                               
would expire on March 1, 2027.                                                                                                  
                                                                                                                                
1:33:43 PM                                                                                                                    
EDWARD SINCLAIR,  Appointee, Board  of Marine  Pilots, Department                                                               
of Commerce, Community and  Economic Development (DCCED), Juneau,                                                               
Alaska, testified  for reappointment  to the  pilot seat  for the                                                               
Board of  Marine Pilots. He stated  that he served in  the United                                                               
States Coast  Guard for 20  years and retired in  2002. Following                                                               
retirement, he  began a four-year pilot  training apprenticeship.                                                               
He  informed the  committee  that he  received  his first  marine                                                               
pilot license  in 2006. He  remarked on  his time serving  on the                                                               
Southeast  Alaska  Pilots  Association  (SEPA)  board  as both  a                                                               
member and the president.                                                                                                       
                                                                                                                                
MR. SINCLAIR  stated that  he wished  to serve  another four-year                                                               
term on  the Board of  Marine Pilots. He highlighted  the boards                                                                
efforts  to  improve regulations.  He  mentioned  that the  board                                                               
navigated  challenges during  the Covid  19 pandemic  by revising                                                               
regulations for  license renewals.  He shared that  pilots lacked                                                               
the requisite  number of piloting  days during the  pandemic. The                                                               
board worked  to create alternative requirements  allowing pilots                                                               
to retain their licenses.                                                                                                       
                                                                                                                                
1:35:14 PM                                                                                                                    
SENATOR TOBIN joined the committee.                                                                                             
                                                                                                                                
CHAIR  KAUFMAN   responded  that  the  boards    priorities  were                                                               
relevant given the challenges during the pandemic.                                                                              
                                                                                                                                
SENATOR KIEHL thanked  Mr. Sinclair for his service  in the Coast                                                               
Guard  and  as co-president  of  the  elementary school  parents                                                                
association.  He noted  the reference  to foreign  pleasure craft                                                               
and  the historic  difficulties  associated with  knowing when  a                                                               
pilot  is required.  He  asked Mr.  Sinclair  for his  assessment                                                               
about the summertime need for pilots on pleasure craft vessels.                                                                 
                                                                                                                                
MR.  SINCLAIR  replied that  the  yachting  industry has  greater                                                               
awareness of  the piloting requirements. He  explained that pilot                                                               
associations rely on shipping agents  to communicate the piloting                                                               
requirements.  A foreign  pleasure craft  is required  to have  a                                                               
shipping  agent   provide  information  about  state   entry  and                                                               
operation requirements. The marine  pilot coordinator reviews the                                                               
applications and works  with the shipping agents.  He opined that                                                               
the system  improved without  specific outreach.  He acknowledged                                                               
that gaps in the system  occur, and occasionally yachts enter the                                                               
Alaskan  waters  without  establishing contact  with  a  shipping                                                               
agent.                                                                                                                          
                                                                                                                                
1:39:40 PM                                                                                                                    
SENATOR WILSON asked  about other challenges the  Board of Marine                                                               
Pilots faces that the committee should be aware of.                                                                             
                                                                                                                                
MR.  SINCLAIR replied  that challenges  were  addressed with  the                                                               
Alaska Marine Highway System (AMHS).  He explained that pilots in                                                               
training  must travel  their regions   marine  waterways on  AMHS                                                               
ferries. He relayed difficulties  meeting the travel requirements                                                               
as AMHS  costs and availabilities  changed. The board  raised the                                                               
issue with AMHS,  and he understood that  the situation improved.                                                               
Pilot trainees are  now better able to afford  the required ferry                                                               
trips. He remarked  that the decrease in AMHS routes  is still an                                                               
issue. He  stated that  conversations between  the board  and the                                                               
state remain focused on the states needs and interests.                                                                         
                                                                                                                                
MR.  SINCLAIR continued  with a  second board  issue relating  to                                                               
investigations.  He explained  that investigations  are initiated                                                               
for marine  incidents and complaints made  against marine pilots.                                                               
The  challenge  is  that  the   investigation  findings  are  not                                                               
communicated to the Board of  Marine Pilots. The board receives a                                                               
report   from  the   investigative   branch   with  very   little                                                               
information about the  case. He expressed concern  related to the                                                               
boards   ability to  address the  investigation with  the states                                                                
pilot community.  He added that pilot  deficiencies are difficult                                                               
to remedy without communication about the investigations.                                                                       
                                                                                                                                
1:45:15 PM                                                                                                                    
SENATOR KAUFMAN shared  Mr. Sinclairs  concern about  the lack of                                                               
a feedback loop related to investigations.                                                                                      
                                                                                                                                
MR.  SINCLAIR  expressed  his wish  to  share  the  investigation                                                               
findings with marine pilots, agents and the public in Alaska.                                                                   
                                                                                                                                
CHAIR KAUFMAN  agreed that a  gap exists. He asked  for direction                                                               
about  how the  committee  might help  remedy  the situation.  He                                                               
wondered  about the  yachting industry  and where  a large  yacht                                                               
might park.                                                                                                                     
                                                                                                                                
MR. SINCLAIR replied  that a pilot is required to  be on board to                                                               
pilot  most   yachts.  He  mentioned  the   option  for  pilotage                                                               
exemptions, but all foreign yachts  are required to take a marine                                                               
pilot  upon entry  into the  state. He  furthered that  the pilot                                                               
boards the  vessel in  a certain community  and then  reviews the                                                               
itinerary   and   answers   questions  about   local   navigation                                                               
regulations. If  a yacht has  an exemption, it will  continue its                                                               
itinerary without an Alaska marine pilot.                                                                                       
                                                                                                                                
1:48:42 PM                                                                                                                    
CHAIR  KAUFMAN opened  public testimony  on the  reappointment of                                                               
Edward Sinclair; finding none, he closed public testimony.                                                                      
                                                                                                                                
CHAIR KAUFMAN solicited a motion.                                                                                               
                                                                                                                                
1:49:55 PM                                                                                                                    
CHAIR KAUFMAN  stated that in  accordance with AS  39.05.080, the                                                               
Senate Transportation  Standing Committee reviewed  the following                                                               
and recommends the  appointments be forwarded to  a joint session                                                               
for consideration:                                                                                                              
                                                                                                                                
Board of Marine Pilots                                                                                                        
Edward Sinclair - Juneau, Alaska                                                                                                
                                                                                                                                
Signing  the   reports  regarding  appointments  to   boards  and                                                               
commissions in  no way reflects  individual members'  approval or                                                               
disapproval  of  the  appointees;   the  nominations  are  merely                                                               
forwarded to the full legislature for confirmation or rejection.                                                                
                                                                                                                                
1:50:22 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:51:22 PM                                                                                                                    
CHAIR KAUFMAN reconvened the meeting.                                                                                           
                                                                                                                                
1:52:07 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Kaufman adjourned the Senate Transportation Standing                                                                      
Committee meeting at 1:52 p.m.                                                                                                  

Document Name Date/Time Subjects
Edward Sinclair Marine Pilots Application 3.13.23.pdf STRA 4/4/2023 1:30:00 PM
Appointee
Edward Sinclair Marine Pilots Resume 3.31.23.pdf STRA 4/4/2023 1:30:00 PM
Appointee