HB 33-CONFLICT OF INTEREST: BD FISHERIES/GAME  1:59:25 PM CO-CHAIR BURKE announced that the final order of business would be HOUSE BILL NO. 33, "An Act relating to participation in matters before the Board of Fisheries and the Board of Game by the members of the respective boards; and providing for an effective date." 1:59:47 PM CO-CHAIR BURKE reopened public testimony on HB 33. 1:59:52 PM JERRY MCCUNE, Government Relations, Commercial Fisheries Hatcheries, testified in support of HB 33. He described the difficulties encountered by a board member who was a commercial fisherman or related to a commercial fisherman and how they were not able to answer questions or offer expertise due to being "conflicted out." He explained how this meant that important information might not be brought to light. He agreed that a board member with conflicts should not be able to vote but said they should be able to offer their expertise. 2:02:46 PM MR. MCCUNE, in response to a question from Representative Saddler, explained that based on interpretations by the State of Alaska Department of Law, lodge owners and guides are categorized as services rather than commercial enterprises. 2:03:51 PM MR. MCCUNE addressed several questions from Representative Elam regarding representation on the Board of Fisheries. He described why he believed it was an advantage to some user groups if commercial fishermen could not contribute to the discussion. Regarding why the Board of Fisheries is different from other boards, he used the example of the Alaska Board of Chiropractic Examiners which has only chiropractors while the Board of Fisheries represents a number of interests. In terms of whether the board is evenly distributed among user groups, he said the balance changes from time to time, but he believed that sports fishing is more heavily represented. 2:08:25 PM MR. MCCUNE responded to a question from Representative Saddler by emphasizing the importance of having a balance of interests on the board. 2:10:10 PM TRACY WELCH, Executive Director, United Fishermen of Alaska (UFA), testified in support of HB 33. She described UFA and who it represents. She described the reasons UFA supported HB 33, emphasizing that board members with subject matter expertise should be able to stay at the table to clarify issues that are outside the expertise of other board members. 2:11:55 PM MS. WELCH, in response to a question from Representative Saddler, clarified her understanding that a board member who has a conflict is prohibited from voting. 2:13:47 PM NELS EVANS, Executive Director, Petersburg Vessel Owner's Association, testified in support of HB 33. He pointed out that those who have the most knowledge on commercial fisheries are often conflicted out. If they are board members, they cannot provide nuanced information relevant to matters before the board, whereas sports and subsistence fisheries are allowed to contribute to the conversation. 2:16:18 PM LINDA BEHNKEN, Executive Director, Alaska Longline Fishermen's Association, testified in support of HB 33. She stated that individuals who have conflicts of interest people should be able to clarify and provide information. She gave an example of someone who did not understand the difference between trolling and trawling or of different types of fish. A board member with commercial fishing expertise would be able to clear up such misunderstandings. 2:19:13 PM MARK RICHARDS, Executive Director, Resident Hunters of Alaska, testified in support of HB 33, as long as board members were not allowed to vote on issues if they have conflicts of interest. He pointed out that members with potential conflicts often have relevant information to share. 2:21:11 PM MR. RICHARDS, in response to several questions from Representative Saddler, discussed Board of Fisheries deliberations of the committee as a whole and pointed out how that process differed from that of the Board of Game. 2:24:37 PM SUSAN DOHERTY, General Manager, Southeast Regional Aquaculture Association, testified in support of HB 33. She pointed out that board members did not necessarily have the knowledge to ask good questions which would help them rule on particular proposals. She understood that people with conflicts should not be able to vote. However, it seemed counterproductive to be appointed but not be able to offer information. She described how the board would determine if a member was conflicted out. She also discussed the difference between offering information during a meeting of the committee as a whole and contributing to board deliberations. 2:28:01 PM MS. DOHERTY responded to a question from Representative Saddler regarding how conflicts of interest were determined. 2:30:27 PM MALCOLM MILNE, President, North Pacific Fisheries Association, testified in support of HB 33. He said he concurred with the other witnesses and emphasized the importance of the issue. 2:32:08 PM NATE ROSE, Vice President, Kodiak Seiners Association, testified in support of HB 33. He described the complexity of the management plan for Kodiak seiners and explained why it was important for the seiners to provide clarity to the Board of Fisheries' process. 2:34:49 PM CO-CHAIR BURKE, after ascertaining there was no one else who wished to testify, close public testimony on HB 33. 2:34:56 PM REPRESENTATIVE LOUISE STUTES, Alaska State Legislature, as prime sponsor of HB 33, in a closing statement, offered points of clarification. She said she thinks it was made clear that the Board of Fisheries and the Board of Game are unique because they allocate state resources. She spoke about the key elements of deliberation, comparing what is considered during board meetings as similar to what is done by committee members in the legislature. She pointed out that the sole change under HB 33 would be that if the supervisor or a majority of the members of the respective board determine that a member's further involvement will result in a conflict, then the member may not vote. 2:39:42 PM REPRESENTATIVE STUTES, regarding a comment from Representative Mears, confirmed that because of [the current law], there are people who are deciding not to serve on the board. 2:40:06 PM REPRESENTATIVE STUTES, in response to a question from Representative Saddler, explained that language in AS 39.52.960 clearly delineates what a conflict is. 2:43:01 PM REPRESENTATIVE STUTES, in response to Representative Coulombe, explained that the "supervisor" is the chair of the Board of Fisheries. Regarding a list of recusals from 2005-2018, she indicated that the proposed legislation would not have nearly as big an impact on the Board of Game as it would the Board of Fisheries. She reiterated that under this legislation if ethics violations or conflicts were determined by the committee or by statute, the member could not vote, but the member could participate in discussions. 2:45:48 PM JANE PIERSON, Staff, Representative Louise Stutes, Alaska State Legislature, on behalf of Representative Stutes, prime sponsor of HB 33, responded to a question from Representative Saddler by echoing the sponsor's answer to Representative Coulombe that the supervisor is the chair. Further, she noted that there is an attorney general member present to help with legal issues. 2:47:33 PM ART NELSON, Executive Director, Board of Fisheries, Alaska Department of Fish & Game, in response to a follow-up question from Representative Saddler as to whether the aforementioned title of supervisor referred to anyone other than what is referred to as the "designated supervisor" in the Ethics Act, stated his understanding that "they are one and the same." 2:48:49 PM MS. PIERSON, in response to Representative Elam as to whether there is a commercial component to the Board of Game, said she was not sure of the question but proffered that "there are hunts that are sold" and "big game can be shut down." REPRESENTATIVE STUTES suggested there might be a commercial aspect to the Board of Game in terms of hunts that are guided versus those that are not. She pointed out that she had not delved into that issue since the Board of Game had indicated it did not think HB 33 would have much effect on its operations. REPRESENTATIVE ELAM explained that it feels as though the Board of Fisheries has a greater tendency to get lopsided in terms of balance of power. REPRESENTATIVE STUTES replied that the user groups of the two boards are similar and each hope to maintain their allocative structure. 2:51:57 PM REPRESENTATIVE COULOMBE noted a letter of opposition existed in the bill file, written by a former chair of the Board of Game. 2:52:20 PM CO-CHAIR DIBERT moved to report HB 33 out of committee with individual recommendations and the attached zero fiscal note. REPRESENTATIVE SADDLER objected. He said he still held concern regarding "the provision that would allow a member with a declared conflict to vote" and he would like to do further research. 2:53:01 PM A roll call vote was taken. Representatives Mears, Fields, Hall, Dibert, and Burke voted in favor of reporting HB 33 out of committee with individual recommendations and the attached zero fiscal note. Representatives Elam, Coulombe, Rauscher, and Saddler voted against it. Therefore, HB 33 was reported out of the House Resources Standing Committee by a vote of 5-4.