HB 110-BARBED HOOKS  11:12:07 AM CHAIR SEATON announced that the final order of business would be HOUSE BILL NO. 110, "An Act prohibiting the use of barbed hooks in certain freshwater areas." 11:13:10 AM CHAIR SEATON, speaking as the sponsor, clarified that the intent of the bill is not to create additional catch and release fisheries, but to lower the mortality of fish that are released in catch and release fisheries. He opened public testimony on HB 110. 11:15:18 AM STEVE RUNYAN informed the committee he is representing himself and disclosed he is a former chair and current vice-chair of the Susitna Valley Fish & Game Advisory Committee, Alaska Department of Fish & Game (ADF&G). He opined the issues addressed by HB 110 should be decided by the Board of Fisheries (BOF), ADF&G, on a case-by-case basis under the realm of BOF statewide regulations. However, directing comments to the legislation as proposed, he said ADF&G has testified that transitioning from single hooks to single, barbless hooks provides minimal benefit to fish mortality. Further studies have shown no difference between hook and release with barbless or barbed hooks, and one study which showed a very small, incremental difference. With the use of flies, there is a 1.0 percent to 1.5 percent change between barbless flies and single hook flies. He opined the greatest change in mortality has been shown to be a change from multiple or treble hooks to a single hook, which is reflected in ADF&G's measures to reduce fish mortality. A barbless restriction places an undue burden upon the general public; in fact, a blanket restriction will place a severe handicap on anglers in times of low abundance of one species. Mr. Runyan stated his opposition to HB 110. CHAIR SEATON asked Mr. Runyan to provide the above referenced studies for their inclusion in the committee packet. 11:20:16 AM DAVID MARTIN said he was representing himself and disclosed he is the chair of the Central Peninsula Advisory Committee, ADF&G, and has been involved with various fishing groups for over 30 years. He testified in support of HB 110 because fishing pressure on the catch and release fisheries has grown significantly in the last few years. The use of barbless hooks is not uncommon and the advisory committee heard testimony about rainbow trout that are injured by hooks. It is not difficult to create a barbless hook by simply crimping it with pliers. He cautioned that "we shouldn't be playing with our food source for recreational purposes and if we do have catch and release fisheries ... when you're in [a] low abundance situation and therefore we should give every opportunity and take every precaution to improve a released fish's survival." Another alternative would be to catch and keep one or two fish instead of hooking and releasing twenty or thirty with high mortality. Mr. Martin concluded that restrictions are necessary. 11:23:46 AM LYNN WHITMORE appreciated the comments by the previous speaker who cautioned against the legislature interfering with the regulation process. However, he agreed that the time for barbless hooks has come because his experience is that fish are injured by the cumulative effects of catch and release with barbed hooks. Studies reveal that hook placement is a more important factor than that of barbs on hooks. Also, it is difficult to find manufactured barbless fly hooks, and he questioned how enforcement will view hooks that are pinched down. Mr. Whitmore said he supports the efforts of HB 110. 11:25:59 AM ERO STEVE WALLI, stated his strong support for HB 110, and provided a short history of his experience fishing for over 50 years. He said barbless hooks will help fish and also questioned whether squeezing a barb down will make a barbless hook. 11:27:38 AM BURKE WALDRON, Captain, Alaska Wildlife Troopers, Department of Public Safety (DPS), informed the committee there is no definition of barbed or barbless hook, or whether a hook pinched down acts as a barbless hook, in present regulation or in the proposed bill. This situation would pose an enforcement issue and concern for the division. CHAIR SEATON asked Captain Waldron for assistance in clarifying the intention of the bill. REPRESENTATIVE GATTIS observed the bill has a zero fiscal note attached. She inquired as to whether additional wildlife troopers would be needed to enforce this legislation. CAPTAIN WALDRON said the fiscal note is indeterminate to DPS at this time. The fiscal note will be determined once the proposed legislation is completed. He further advised other issues with the legislation are related to sport fishing definitions, freshwater versus saltwater, and the lack of penalty and liability provisions. In addition, as the legislation is written, all convictions would be misdemeanors. REPRESENTATIVE KREISS-TOMKINS asked how the management of ADF&G would respond to a restriction on barbed hooks. 11:33:37 AM CHARLES SWANTON, Director, Division of Sport Fish, Alaska Department of Fish & Game (ADF&G), said the Division of Sport Fish has discretion regarding the proposed legislation and the protection of salmon stocks for the purpose of meeting escapement goals. If deemed appropriate, current emergency order (EO) authority could be used to implement the intent of the bill following a sufficient definition of barbless hooks. 11:34:48 AM CHAIR SEATON expressed his concern that issuance of an EO in the middle of season to require a change of gear does not take the place of public notice or inform the user group, thus is less than optimal. Also, higher mortality is exactly what is not desired for a catch and release fishery. The purpose of the bill is to minimize mortality rates in catch and release fisheries. He asked whether ADF&G disagrees with studies that conclude that barbless hooks reduce mortality in catch and release fisheries. MR. SWANTON advised ADF&G has not conducted studies specifically on the benefits of a barbless versus a barbed hook. Studies have been done to quantify catch and release mortality such as the ADF&G's seminal work on the catch and release mortality on king salmon. Two studies were done on coho salmon in intertidal areas where coho are highly stressed. He said: If in fact, we were faced with what one could consider single digits of benefit from a barbless to a barbed hook or going in that order, we probably, in the situations that we're in with regards to these things, we probably would, much to my chagrin ... we would probably just close those fisheries, rather than try to assimilate a 3 or 4 or 5 percent savings in terms of mortality from a barbed, to a barbless hook. 11:39:25 AM REPRESENTATIVE JOHNSON noted his appreciation to the sponsor for bringing forward the legislation, which he considered a gear type discussion. CHAIR SEATON, speaking as the sponsor, addressed the issue of legislating fish and game matters. He pointed out that the legislature has regulated the size of vessels and outlawed certain types of gear under statewide parameters. It seems appropriate that the legislature consider issues such as mortality that affects recreational opportunities for fishing. Chair Seaton urged members of the public and advisory committees to also submit data to BOF. [HB 110 was heard and held.]