HB 20-PERSONAL USE FISHING PRIORITY  5:24:38 PM CHAIR THOMPSON announced that the next order of business would be HOUSE BILL NO. 20, "An Act providing for a priority for a fishery that is restricted to residents when fishing restrictions are implemented to achieve a management goal." 5:28:18 PM REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, speaking as the prime sponsor, said the intent of the bill is to ensure local fish for subsistence users and local fisherman. 5:30:50 PM REPRESENTATIVE AUSTERMAN asked for further discussion regarding the subsistence and personal use definitions. The bill may need to have the language clarified. REPRESENTATIVE STOLTZE indicated that the personal and subsistence use terms have been used interchangeably in the bill to ensure that Alaskans are served. 5:33:24 PM REPRESENTATIVE HERRON referred to the back-up material in the committee packet and asked for comment on whether this bill effectively handicaps the BOF. REPRESENTATIVE STOLTZE said no, and opined that the BOF will be better served because the bill neutralizes biases, clarifies political facets, and removes perceived handcuffs for making policy decisions. He reported that, during the last BOF cycle, a measure was introduced to restrict the dip net authorization to 10 fish per family, and, also, litigation has been lodged by fishery associations to eliminate personal use dip net fisheries altogether. An estimated 100,000 Alaskans participate in this fishery, and it should be prioritized for Alaskans first, he opined. 5:36:26 PM REPRESENTATIVE AUSTERMAN recalled that a statute, or regulation, may exist, which establishes a priority for the personal use fishery. REPRESENTATIVE STOLTZE offered to provide that information to the committee. 5:37:28 PM REPRESENTATIVE HERRON said intercept debates occur in the district he represents, and asked whether HB 20 addresses intercept fisheries. REPRESENTATIVE STOLTZE stated his belief that the bill may help the situation on the Yukon River and similar intercept fisheries. REPRESENTATIVE HERRON restated, and said that the escapement grounds are up-river from the personal use fisheries and commercial fisheries occur further down river. He asked how escapement can be achieved under those circumstances, and does the bill modulate that type of multiple uses. REPRESENTATIVE STOLTZE stated his belief that the bill allows ADF&G the appropriate latitude to ensure that escapement goals are achieved. 5:41:39 PM REPRESENTATIVE MILLER queried what agency would have authority for making the decisions called for in the bill. REPRESENTATIVE STOLTZE replied that the regional department biologist determines whether escapement is being attained, and it appears that, currently, the decisions are made too late to benefit the personal use fisheries. 5:43:25 PM REPRESENTATIVE AUSTERMAN questioned whether the bill language protects the resource specifically for Alaskan residents. REPRESENTATIVE STOLTZE agreed that clarity may need to be considered, and "resident" may not be the best term. 5:45:22 PM REPRESENTATIVE JOHNSON predicted that when HB 20 becomes law there will be a lawsuit. REPRESENTATIVE STOLTZE pointed out that lawsuits have already been filed by Cordova United Fisherman, based on residency criteria. Therefore, the battle has already begun. 5:47:00 PM CHARLIE SWANTON, Director, Division of Sport Fish, Alaska Department of Fish and Game (ADF&G), said the issue is contentious regarding fisheries resources, and reported that perhaps 55 personal use fisheries exist across the state, ranging from the harvest of salmon to shellfish. To a committee question, he said the department has a neutral position on HB 20. 5:49:13 PM REPRESENTATIVE MILLER noted that the bill language takes an affirmative stance and asked whether the department will be able to maintain a neutral position. MR. SWANTON stated his belief that the department has historically done a reasonably good job of managing the personal use fisheries while meeting escapement objectives and providing opportunities for the co-existence of multiple fisheries under the current regimen. 5:52:53 PM CHAIR THOMPSON observed that if there is a restriction due to a declining run, it could require a larger escapement to ensure that the personal use fishery would be fulfilled, and asked for comment. MR. SWANTON responded: It certainly could manifest itself in that framework. It just depends on the fishery, how it's configured and where the personal use fishery fits into the stream of various uses. 5:54:12 PM REPRESENTATIVE JOHNSON asked if it is consistent with every fishery that, when restrictions are implemented, the priority is always adhered to in order to achieve management goals. MR. SWANTON replied that meeting established escapement numbers is the primary goal. 5:55:59 PM REPRESENTATIVE HERRON requested that the department provide a position on HB 181, rather than remaining neutral. 5:58:05 PM BEN MULLIGAN, Legislative Liaison, Alaska Department of Fish & Game, offered that discussions have occurred and an official position can be brought to the committee, upon request. CHAIR THOMPSON asked that a written response be made to the committee. REPRESENTATIVE AUSTERMAN indicated that this is a policy issue for the legislature, providing a directive to the BOF, regardless of whichever position the department holds. 6:01:06 PM REPRESENTATIVE STOLTZE indicated that there will be a large number of Alaskans who will testify on HB 20. He called for a deliberative committee process for crafting the bill, and said he would like to avoid an initiative process from constituents; cautioning that pent up frustration surrounds the issue. CHAIR THOMPSON announced that HB 20 would be held over. The committee took a brief at-ease at 6:03 p.m.