SENATE BILL NO. 177 "An Act repealing the termination of licensing and regulation of sport fishing operators and sport fishing guides and licensing and registration of sport fishing vessels; and providing for an effective date." 1:42:43 PM Senator Meyer introduced SB 177. This legislation addresses the licensing and regulation of sport fishing for operators and guides. The bill provides oversight of sport fishing operators and guides. For the protection of guides and clients, some minimum standards are necessary. The licensing and reporting program is beneficial to both the sport fishing industry and its resource managers. Legislation authorizing this program passed in 2004 with the intent of giving the Department of Fish and Game more comprehensive and credible information on the guide and the guiding activities. A need to create a basic standard existed for sport fish business operators and guides including liability insurance, first aid, Cardio Pulmonary Resuscitation (CPR), and in some cases, United State's Coast Guard licensing. The program increased the level of professionalism for the sport fishing industry across the state. 1:44:52 PM Co-Chair Hoffman MOVED to adopt work draft LS0832\E, Kane, 4/13/09. Co-Chair Stedman OBJECTED. DARWIN PETERSON, STAFF, CO-CHAIR STEDMAN, gave an explanation of the Committee Substitute (CS). The CS addresses the need for in-season replacement of a fishing guide within the Kenai River special management area. Currently, in order to guide on the Kenai River a guide must have current first aid certification, a coast guard license, current Alaska sport fishing license, proof of enrollment in an approved drug testing program, park use permit, and must pass the Kenai River Guide Academy. This guide academy is administered by the Department of Natural Resources and is offered through the Kenai Peninsula College. The guide academy was created to educate fishing guides in the areas of habitat protection, state and federal fishing laws, river etiquette, etc. The CS addresses the problem of a sport fishing business losing an employee midseason. The guide academy is not offered during the summer, as most instructors are professional guides themselves. The problem arises when a guide is terminated for misconduct, or is unable to finish the sport fishing season due to a major medical situation. A business cannot hire a replacement guide unless the person passes the academy, which can result in tremendous economic hardship to the business. The CS allows the State Division of Parks a replacement waiver for a business that loses a guide in season, allowing the hire of another guide on an emergency basis without meeting the guide academy requirement. The intent is that the replacement guide enroll in the guide academy at first available opportunity, otherwise the guide may not work in the subsequent season as the waiver only applies to the sport fishing season in which it was issued. 1:47:48 PM Senator Huggins asked if a guide was qualified but had a medical problem that put him out of work for one year, would the waiver pertain to the remainder of the year. Mr. Peterson answered that the replacement guide must graduate from the academy if he or she wished to guide the following year. Senator Thomas asked a question regarding the requirements of the waiver. Mr. Peterson answered that requirements apply only to the academy. The requirements other than that of attending the academy such as CPR, coast guard license, first aid, park permit, etc still stand as requirements. The potential guide may only obtain employment midseason without graduation from the guide academy. Senator Thomas clarified the graduation from the guide academy is the single issue. Mr. Peterson answered yes, because all other requirements are available to the employee through the various divisions or departments except the academy because the course is not offered during the summer. 1:50:09 PM Co-Chair Hoffman asked about the fiscal note and the $344 thousand allocated for personnel services. He asked to know which positions are listed. Mr. Peterson deferred the question to the sponsor. Co-Chair Stedman removed his OBJECTION Version E of the work draft was ADOPTED CHARLES SWANTON, DIRECTOR, DIVISION OF SPORT FISH, DEPARTMENT OF FISH AND GAME, answered the question about the fiscal note. He stated that there was no reference to the number of positions for personal services. He believed that eight or nine positions are required for data entry and program managers. Senator Thomas asked for the current fees for fish guide licensing as compared to hunting guides. Mr. Swanton answered that he was not aware of the current fees for hunting guides. The fee for owner operator guide among sport fishing is $100 and for guides only $50. Approximately $10 dollars of the $100 of the guide owner/operator fee is collected for licensing, while the remainder is utilized for the log book or data collection program. For the guides, $4.50 is allocated toward licensing fees and the remainder toward logbook and data recording. Senator Huggins asked about the logbooks and whether or not the department uses the data for better fisheries management. Mr. Swanton stated that he required a more precise definition of "better fisheries management." 1:53:58 PM Senator Huggins clarified his interest in enhancing the fish population. Mr. Swanton responded that previous venues listed the methods to utilize data. The information needed has not been collected by the department for this period of time. This remains the only means by which the harvest information is collected. Senator Huggins asked when enough data is anticipated. Mr. Swanton answered that the anticipation is difficult because a wide array of applications for the information exist from stocks that may or may not be heavily exploited. He admitted reticence about answering the question of an exact amount of necessary data required to make good decisions in managing fisheries. He opined that increased data enriches the fisheries management decision making process. Co-Chair Stedman asked if the department supports the bill. Mr. Swanton answered yes. 1:56:49 PM GARY TURNER, CHAIR, KENAI COLLEGE (testified via teleconference). He explained that there is unanimous support for the change among the Kenai River Academy board members. BEVERLY MINN, SELF (testified via teleconference), in opposition to SB 177. She stated that she would like to see the fees sunset or reduced considerably. MELVIN GROVE, MATSU, SELF (testified via teleconference), in support of SB 177. He stated that he was in support of the legislation. He asked for data regarding restocks to reduce long lining near shore water. Data is not available. He opined that the fees must come from the fishing licenses as opposed to the captain's pocket. 2:02:34 PM ANDY SZCZESNY, OWNER ALASKA FISH AND FLOAT, KENAI, testified in support of SB 177. He informed that he worked as a guide on the upper Kenai River. He noted the importance of data collection. He expected the agencies to employ the collected data. REUBEN HANKE, SELF, SOLDOTNA, testified in support of SB 177. He spoke about the CS and the original task force by the Commissioner of DNR. He worked as a charter fishing guide. He thought that the information gathered would provide a spring board for decision making processes. He understood that there were difficulties with the original collection process. He believed that the data was helpful to the Board of Fisheries. He spoke in favor of the CS and SB 177. 2:05:52 PM STEVE MCCLURE, SELF, KENAI, testified in support of SB 177. He thought it beneficial to gather more data. He stated that the board of directors for the guide academy were surprised to learn that the absent guide issue was not covered. He stated that the guide academy board taught him the importance of the academy's classes, but if a position remains vacant the business suffers. DAVID GOGGIA, SELF, testified in support of SB 177. He stated that there are many hazards present in the sport fishing job, occasionally necessitating replacement guides. He spoke in support of the CS and SB 177. 2:08:51 PM RICKY GEASE, EXECUTIVE DIRECTOR, KENAI RIVER SPORT FISHING ASSOCIATION, testified in support of the legislation. He stated that the guiding profession is risky. Emergencies are possible and substitute guides are occasionally required. The current law book program exempts Alaska from the new salt water angler registry. He stated the importance of the emergency language. He spoke in favor of extending the sunset. He believed in insurance, licensing and certification standards. 2:10:53 PM Senator Huggins asked about the cost of a sport fishing license. He understood that the cost of business licenses was reduced. Mr. Gease answered that the price reductions applied to general business licenses. A portion of the license cost is used for electronic data entry. He understood that the backlog a result of data input in paper fashion versus electronic data entry. He stated the frustration addressed was that the format was not user friendly. The log books can limit people's collection so that it is real time data. An efficient method of data collection and input is necessary. Senator Huggins commented that he liked the data and the process, but "state government can always find a reason that they need local citizen's money to manage their bureaucracy." 2:13:47 PM Co-Chair Stedman commented on the fiscal note for $462.2 thousand, which exists in the Governor's FY10 budget. Senator Meyer noted support of the CS. Co-Chair Stedman commented that the committee was in the process of creating with the Department of Fish and Game a recording mechanism allowing the guiding industry to provide timely and usable data. He suggested that Alaska may end up like Oregon and Washington without the accurate reporting of data. He stated that the committee did not want to burden the populous with undue charges, but without the data regarding the fish caught in Alaska, the state may encounter an irreversible problem. SB 177 was HEARD and HELD in Committee for further consideration. 2:15:35 PM