HB 310 - UTILIZATION OF GROUNDFISH CO-CHAIRMAN HUDSON announced the next order of business was House Bill No. 310, "An Act relating to the utilization of groundfish; and providing for an effective date." Number 1203 AMY DAUGHERTY, Legislative Administrative Assistant to Representative Alan Austerman, Alaska State Legislature, explained HB 310 would extend to other groundfish species the current ban in state law regarding the waste of pollock. It would enable the Board of Fisheries to require processors to meet minimal standards for the utilization of other groundfish in addition to pollock, similar to regulations adopted by the secretary of commerce for offshore processors. The legislation is necessary because current state law only prohibits the waste of pollock, not other groundfish species such as, Pacific cod, rock sole and yellowfin sole. Pacific cod is already affected by federal law, and rock and yellowfin sole will go into effect in 2003. MS. DAUGHERTY explained in the bill packet for the committee members is an excerpt from the Magnuson-Stevens Fishery Conservation and Management Act that talks about bycatch reduction. It is included to point out that bycatch reduction is a step-by- step process that will be revisited every year for the next four years. Information from the "Federal Register" is also included that talks about the improved retention/improved utilization program and how it has been addressed by the North Pacific Fishery Management Council. MS. DAUGHERTY stated, essentially, the catcher boat operators, required by federal regulations to retain pollock and cod, need the processors to fall under regulations to require them to take those products as well. Number 1339 RICK LAUBER, Representative, North Pacific Fishery Management Council; Alaska Manager/Vice President, Pacific Seafood Processors Association, explained the state of Alaska has had a retention program for pollock for many years. House Bill 310 is an offshoot of the roe-stripping ban on salmon and other products in Alaska. Alaska has a philosophy of banning wanton waste and the bill is a continuation of that philosophy. The council has been attempting for a number of years to get the offshore factory trawler fleets to improve their utilization and retention of their waste. An amendment was passed and approved by the United States Secretary of Commerce that went into effect this year that requires them to retain their pollock and cod. In the year 2003 other species will come to play. This has not been the situation in Alaska for onshore processors because they fully utilize all species. Thus, to level the playing field, the council and the state of Alaska have agreed to bring forth this type of statute. The idea is, as it moves along, the Board of Fisheries will pass appropriate regulations requiring fishermen and processors operating inside of three miles to comply with the same rules that apply offshore. Number 1481 GERON BRUCE, Legislative Liaison, Office of the Commissioner, Department of Fish and Game, stated the department supports the bill. The department went through a process of working with the industry and other interested parties in developing the approach taken by the state. The need for the bill is because the current pollock statute does not extend the authority to the Board of Fisheries to deal with Pacific cod and the other species scheduled to come on line in the year 2003. Number 1526 REPRESENTATIVE GREEN stated there must be a significant amount of waste now to specify groundfish. He wondered whether dropping the ground on this would be an act to prevent the waste of fish in general. Number 1564 MR. BRUCE stated waste needs to be approached on a species-by- species basis. There is no known use for the arrowtooth flounder, for example. If the bill was drafted as broadly as Representative Green suggested, fishermen and processors would be required to retain a species for which there is no commercial or other use for it at this time. Number 1599 MR. LAUBER stated, currently, Alaska has a roe-stripping ban, with some exceptions to allow for flexibility. There is a bill that would terminate the flexibility, however. But, by-and-large, Alaska has a pretty good record. House Bill 310 calls for state law to conform with federal regulations. It would not change anything that is currently taking place in Alaska. He cited pollock, cod, and other species are being fully utilized by shore- based plants. There is no discard in the onshore component. There was discard in the offshore component, but it is beyond the jurisdiction of Alaska which is why it is handled through the federal government. There will be full retention of pollock and cod in the year 2003. Right now, whether the bill passes or not, there will be no discard of species of any significant amount in Alaska. Number 1690 REPRESENTATIVE GREEN referred to bycatch and wondered whether there is something in the mill dealing with it. MS. DAUGHERTY replied there is not another piece of legislation dealing with bycatch right now. CO-CHAIRMAN HUDSON stated there is a bill by Representative Ivan M. Ivan that deals with roe stripping. He does not know of any other legislation that deals with bycatch, however. Number 1735 CHRIS BLACKBURN testified via teleconference in Kodiak. She was part of the group and council that helped develop the improved retention and utilization regime. We all feel that all vessels, whether at sea or at shore, should learn to use what they catch and for the processors to processes what they catch. Kodiak has been 110 percent supportive of this and is very eager that the state of Alaska, a leader in conservation measures, also makes sure that this applies to state waters and fisheries. We do not have a discard problem nor do we want to have one in the future. She also noted that because of the measure there are factory trawlers in the Bering Sea now that are making extraordinary efforts to try to stay out of Pacific cod which leaves more cod to those that are going to use it. CO-CHAIRMAN HUDSON called for a motion to move the bill out of the committee. Number 1796 REPRESENTATIVE BARNES made a motion to move HB 310, version 0- LS1347\A, from the committee with individual recommendations and the attached zero fiscal note. There being no objection, HB 310 moved from the House Resources Standing Committee.