HB 266-PERSONAL USE FISHING PRIORITY  4:42:02 PM CHAIR EDGMON announced that the final order of business would be HOUSE BILL NO. 266, "An Act providing for a priority for a fishery that is restricted to residents when fishing restrictions are implemented to achieve an escapement goal." 4:42:38 PM REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, stated HB 266 was first introduced several years ago and is relevant to a large part of the state. He said his intent, in a time of shortages and to address fisheries management in a simple manner, is to put personal use, resident-only fisheries in a priority status ahead of commercial and sport fishing. This is a policy issue, however, there are many interested parties with a history of use, particularly in the Copper River, Cook Inlet, and the Kenai Peninsula. Representative Stoltze pointed out that personal use fisheries are also important to the Interior and Southcentral. He remarked: This priority will reflect how we can, how we can affect a more positive management of our fisheries to recognize this Alaska resident-only fishery that puts wild Alaska protein, that we promote as the best protein in the world, ... on Alaskans' dinner tables, and that protein in Alaskan freezers. 4:46:12 PM CHAIR EDGMON requested a description of the committee substitute (CS) for the bill. 4:46:39 PM REPRESENTATIVE KELLER moved to adopt CSHB 266, version S, as the working document before the committee. CHAIR EDGMON objected for the purpose of discussion. 4:47:29 PM BEN MULLIGAN, Staff to Representative Bill Stoltze, Alaska State Legislature, informed the committee the Alaska Department of Fish & Game (ADF&G) is not taking a position on the bill; however, ADF&G was consulted for the technical accuracy of the language of the CS. The purpose of the CS is to change "escapement goal" to "management goal" as ADF&G advised that management goal is more encompassing of all of the personal use fisheries in the state. Thus, page 1, line 6, version S, refers to "management goal," and the definition of management goal is found on page 1, lines 8 through 10. 4:49:10 PM CHARLES SWANTON, Director, Division of Sport Fish, Alaska Department of Fish & Game, said the changes made by the CS truly reflect personal use fisheries around the state. 4:50:12 PM REPRESENTATIVE BUCH asked the department to comment on the title of the bill regarding "sustained yield" and the constitutional question of "residents." 4:50:47 PM MR. SWANTON deferred to the Department of Law (DOL). 4:51:08 PM LANCE NELSON, Senior Assistant Attorney General, Natural Resources Section, Civil Division, advised that regarding the constitutionality of preferring residents, there does not appear to be a serious issue, as courts have ruled that when fish are sport-caught, recreation-caught and subsistence fish, they are not intended for sale. In addition, there is a legislative determination that preference is needed. 4:52:34 PM CHAIR EDGMON said commercial fishermen are concerned about unintended consequences to incidental fisheries, as a result of the statute changes to dip net fisheries proposed by HB 266. He requested comments from ADF&G. 4:53:40 PM JOHN HILSINGER, Director, Division of Commercial Fisheries, Alaska Department of Fish & Game, agreed that there is a variety of personal use fisheries, besides dip net fisheries, such as the salmon gill net fishery in Cook Inlet, hatchery stock fisheries, and fisheries for shrimp, king crab, tanner crab, dungeness crab, scallops, clams, abalone, herring, bottom fish, halibut, and smelt. Mr. Hilsinger advised that the bill "would have to work through the Board of Fisheries adopting management plans, or regulations, that would lay out how the, how the preference would be applied." For example, the personal use sablefish fishery in Southeast has no bag or possession limit; however, the commercial fishery there has been reduced, so if the personal use fishery needed to be reduced, the board would need to work through a management plan situation to find a balance between the commercial and personal use fisheries. 4:56:08 PM CHAIR EDGMON asked whether changing the language of the bill from escapement goal to management goal "put more of the responsibility of implementing this bill in the hands of the Board of Fisheries." MR. HILSINGER opined the bill specifically refers to the Board of Fisheries putting restrictions on other fisheries. The change from escapement goal to management goal was a good one, as escapement goals are primarily present in salmon fisheries, and personal use fisheries include a variety of species, some of which are managed based on biomass thresholds and harvest rates, or other kinds of management practices. [Due to technical difficulties, the audio recording ends at 4:57 p.m.] 4:57:33 PM CHAIR EDGMON announced that HB 266 would be held.