SB 24-SPORT FISHING GUIDING SERVICES  CO-CHAIR WAGONER announced the consideration of SB 24. 10:32:10 AM SENATOR MCGUIRE, sponsor of SB 24, said this bill was introduced with an eye towards the resources of the state. Fisheries is one of the most important resources in Alaska and is divided between commercial and sport fisheries. She noted that sports fisheries are complex because they are accessed by Alaskans independently, through guides, and through tourism. As tourism in Alaska has grown there has been a groundswell of fishing guide use. This has led to increased river pressure, particularly in the Kenai- Soldotna area and in Southeast. SB 24 has been brought forward as a way of extending the guide license program currently in place. She explained that the bill was originally meant to be an extension of the bill passed last year [SB 294, passed during the 26th Alaska State Legislature]. SB 294 had a one-year sunset, which means that without a bill, there will no longer be a sport fish guide licensing program in Alaska. She explained that this would have a negative effect on the state for two main reasons. First, is the management of the resources. She said that the logbook program that has been put into place gives the Alaska Department of Fish and Game (ADF&G) the necessary data to track and manage the fisheries stocks. Second, it is a matter of safety. She explained that it is important that guides are trained to safely care for their guests. SB 24 originally incorporated a lot of task force recommendations, primarily from 2006, which was met with a lot of negativity from Alaskans. She noted that a majority of those recommendations were withdrawn and a stripped-down version of the bill was reintroduced on the Senate floor that strictly addresses the sunset. She requested that SB 24 go into a task force over the interim in order to work with the public and figure out what to do with these controversial recommendations. She asked testifiers to take her statement into consideration when making their testimony. 10:40:10 AM CO-CHAIR WAGONER opened public testimony. 10:40:58 AM SONNY PETERSEN, Member, Katmai Service Providers, testified in opposition of SB 24 in its current form. He asked the committee when he could expect to see a new bill and when the task force would meet. He explained that SB 24, in its current form, is entirely unworkable for sport fishing operations and would not allow any of the outfits to operate. The lodges in western Alaska have a good reputation and there is no need to have these types of licensing requirements. He suggested that if these requirements are necessary in other parts of the state as Senator McGuire indicated, then these individuals should come up with something for their specific area. CO-CHAIR WAGONER noted that he is looking at the month of October, when guides are not as busy, for the task force meetings and hearings. He said that the composition of the task force has not been formulated yet. 10:45:53 AM ANDREW COUCH, representing himself, opposed the establishment of a Sport Fishing Guide Services Board. He explained that the current guide licensing program makes it difficult to hire guides who meet the requirements and limit the number of local Alaskans that he can hire. He explained that the changes in the program have only produced more required paperwork and cost him more money. In regards to safety, these requirements are already required for Coast Guard licensing. He stressed that SB 24 would add cost to the industry and the state. He noted that individuals who can't afford the higher charter costs may not participate and will reduce the charter business. He asked whether there has been any support from individuals in the industry. 10:50:14 AM MELVIN GROVE, President, Prince William Sound Charter Boat Association, strongly opposed SB 24. He said that the association's primary concern is that a real problem has not been identified. For example, it has been claimed that there is a "groundswell of guides" in the sports fishing industry. However, the current data from ADF&G shows that the number of guides has been steadily dropping over the last few years. He stressed that some benefits need to be included within the bill for the industry, such as increased fishing allocations and state sponsored marketing incentives. 10:54:52 AM STEVE RUNYAN, representing himself, expressed strong concern about SB 24. He said state governments everywhere are scrambling for ways to trim costs and keep within the budget and this bill creates another level of bureaucracy. The costs of SB 24 are numerous and the benefits, financially, are low. He stressed that the problem statement and the benefit statement to this bill are highly overblown. He explained that having government oversight beyond what is already contained in the sports guide licensing book is not necessary or cost effective. He suggested that the issue of the sunset for sport fishing licenses could easily be addressed by holding an up-down vote in the Senate on the current guidebook system. The Senate's energy would be better used by looking at the statewide Chinook salmon shortage, particularly in the Matanuska-Susitna Valley. 10:58:40 AM MELISSA BORTON, Travel Administrator, Native Village of Afognak, testified in opposition of SB 24. She said that she had the opportunity to sit in on the task force meetings that took place in preparation for this bill. She said that during these meetings she felt that the rural communities were not being represented. Further, the discussions were centered on the conflicts occurring in the Kenai area and were not necessarily applicable to Kodiak. She recognized how quickly the sports fishing industry has grown and that there is abuse that takes place throughout the industry. However, enacting legislation such as SB 24, which affects the regions differently, should require a more extensive public process. She said that this was missing in the process leading up to this bill. She noted that the one community meeting held in Kodiak had overwhelming opposition to SB 24. 11:00:31 AM REUBEN HANKE, sport fishing and big game hunting guide, agreed with Senator McGuire that it is a good idea to take a step back and look into the issues addressed in SB 24 some more. He noted that he was a member of the original task force. He said that this bill identifies the people who provide sport fishing activities, which the current licensing system does not do. There are many individuals in the state that provide services to the sport fishing industry and this bill would help in understanding the size and scope of the sport fishing industry. 11:02:42 AM ANDREW CESSNE, upper Kenai River guide, testified in support of SB 24. He explained that, for him, making a living on this resource is a privilege, not a right. 11:03:34 AM RICKY GEASE, Executive Director, Kenai River Sports Fishing Association (KRSA), testified in support of SB 24. He said that KRSA agrees with the problem statement regarding the sports fishing industry. He explained that there is no common voice for the industry in the Alaskan governmental process, nor are there ethical standards for conduct of business, safety, or service. He noted that many people do meet the requirements, but not everybody does and this tarnishes the state's sport fishing reputation. He added that KRSA also supports SB 24 going into a subcommittee process and extending the logbook sunset during this time. 11:05:38 AM KEVIN DELANEY, Fisheries Consultant, Kenai River Sports Fishing Association (KRSA), commented on SB 24 and noted that further assessment of the sports fishing industry is needed. He said that the guide registry program was implemented during the time that he was the director of Sports Fishing at ADF&G. He explained that it was never ADF&G's intent that the guide registry program would be the end-all in this process. During this time the division recognized the tremendous economic value of the industry and wanted to assure that it would continue to compete on a world-wide basis. He explained that the registration process has evolved into the licensing program that is in place now and he has been supportive of this. However, the framework in place today doesn't adequately allow for assessment of who is involved in the field today, he said. He stressed the importance of continuing to pursue these principals. 11:09:19 AM DENISE MAY, owner and operator, Whale Pass Lodge, expressed concerns about SB 24. She said her greatest concern is that rural communities and villages around the state need to be included by giving adequate notice on the issue and having the opportunity for input and comment. She noted her appreciation for Senator McGuire in taking a step back on the bill to allow individuals time to gather information and understand what the legislature is trying to accomplish. 11:12:20 AM JACK CADIGAN, Owner and Captain, Adventures in Alaska, expressed strong concerns about SB 24 in its current form. He said he does not want a duplicate a set of regulations where licensing requirements already exist, along with the associated costs. Mr. Cadigan listed a number of the requirements already in place for sports fishing guides. He said that most charter operations far exceed the basic level of competency needed. He urged the committee to amend SB 24 so that it solely addresses the areas in the state where problems might exist. 11:17:19 AM BOB MAY, Owner and Operator, Whale Pass Lodge, expressed concern about SB 24. He said that at the public meeting in Kodiak regarding this bill, not one was in favor it. He noted that the bill states that an individual must be 18 years old before they "can take a fish off the hook." However, his kids learned long before this age to do more than that. He said that there is a lot that has been excluded from this bill. He acknowledged that there have been issues on the Kenai Peninsula; but these problems don't exist in Kodiak. He added that more representation is needed in Alaska's villages. He asked when a new bill will be brought forward in replace of SB 24 and how the public notice will be administered to businesses. CO-CHAIR WAGONER said that when hearings on SB 24 begin again during the interim, he will be informed. 11:21:14 AM NANCI MORRIS-LYON, Managing Partner, Alaska Sportsmen Bear Trail Lodge, testified in support of SB 24. She said she was a member of the original task force involved in this bill. She explained that the sport fishing industry has grown beyond belief and future growth needs to be controlled in order to protect and preserve the state' fisheries and maintain an industry that is competitive and healthy. She acknowledged the unique challenges found in various areas of the state and it is important not to impose unnecessary restrictions in areas where they are not needed. A bill in this form would give credibility to the sports fishing industry and would stabilize the industry for the future. She said that this bill will assist ADF&G through the documentation of the commercial aspects of the industry and its effects on fisheries throughout the state. 11:25:13 AM ALAN LEMASTER, representing himself, expressed concerns about SB 24. He noted that he was not aware of the task force while it was going forward. He explained that he can see a great advantage in having a [Sport Fishing Guide Services] board because it will give them solidarity between the industry and the Board of Fisheries meetings. He noted that in the Copper River Valley the growth patterns in the industry have decreased, not increased. He said that his concerns with the current bill include the following: the assistant guide age limit of 18; confusion between what a guide, guide outfitter, and transporter is; and the organization of ADF&G in regards to the log books. He said "I don't think the guide system is broken in the state and I don't think we [should] fix it until it is." 11:29:24 AM MIKE SCOTT, representing himself, testified in opposition of SB 24. He said that the entire state does not have to be wrapped up in this licensing issue and there are already numerous hoops to jump through. He said that if this bill goes through the sports fishing industry will have a limited entry similar to halibut and commercial fishing. 11:30:57 AM SCOTT EGGEMEYER, Owner, Alaska Bear Paw Drifters, testified in support of SB 24. He said he guides in Prince William Sound, the Kenai and Kasilof Rivers, Steep Creek, and Anchor Point. 11:31:27 AM DENNIS RANDA, Owner, Randa's Guide Service, expressed concern about SB 24. He said that orderly development is important and legislation that disrupts this is unwise. He added that he is also concerned with the age restriction on assistant guides. He noted that legislation is needed due to the growth of the sports fishing industry. 11:33:43 AM DAVID GOGGIA, President, Kenai River Guide Association, testified in support of SB 24. He noted that the association was present throughout the task force's and ADF&G's meetings. He acknowledged that there are some things that need to be worked out in regards to the bill and a special task force will be positive. He said that the bill will increase the accountability for all people in the sports fishing industry. 11:35:16 AM JERRY STRIEBY, Vice President, Kenai River Professional Guide Association, testified in support of SB 24. He stressed the importance of having representation and a voice for the sports fishing industry, such as a guide board. Currently, the voice of the industry is through individuals and this does not go very far. 11:37:06 AM CHACO PEARMAN, Owner, Pristine Charters, testified in support of the concept of the Sport Fishing Guide Services Board in SB 24. He noted that with the federal program restrictions and the halibut charter people are going to change their business models. For instance, clients that stay at bed and breakfasts are going to be able go out fishing and the fish caught will not be reported. He said that there have been issues in Kodiak in the past with businesses that are not accounted for and are unenforceable. His concern is for the resource. He noted that it is important that this bill capture everyone involved in the industry so that the resource can be managed properly. 11:40:19 AM REED MORISKY, representing himself, testified in support of SB 24. He said he was a member of the original task force, which codified a sport fishing board. The board would categorize and professionalize sport fishing guides, outfitters, and transporters. He agreed that there were several groups who should have been included earlier; however, this could be taken up with the resource committee task force during the interim. He acknowledged that the bill is long and there are some misunderstandings that can be overcome with more information. SB 24 will ensure the continued viability of the sport fishing industry and provide a mechanism for sustainable growth. 11:42:54 AM DENNIS PETRE, charter operator, testified in opposition of SB 24. He suggested going to the NOAA [National Oceanic and Atmospheric Administration] website that lists operators that received limited entry permits and contact these individuals to get more input. 11:43:54 AM MIKE MCCRURY, representing himself, commented on SB 24. He said the source of debate comes from ADF&G's policy in selling an unlimited amount of fishing licenses to non-residents. He noted that the value of non-commercial users goes well beyond the economic interests of guides. Preserving Alaskan's opportunities will only be achieved when ADF&G limits, where necessary, the sale of fishing licenses to non-residents. 11:45:47 AM WADE WILLIS, former owner of a fish guiding business, stated concern for the Sport Fishing Guide Services Board addressed in SB 24. He said that that the board is nothing more than a carbon copy of the mistakes that have been made with the Big Game Commercial Services Board. Self-serving boards do not accomplish anything, but rather decrease the stability of the industry, he said. Important industries throughout Alaska rely on occupational licensing to provide stability and career opportunities and it does not have to be a burden. Alaska has a responsibility to ensure that tourism, as the state's most important renewable resource, is the best it can be. He stressed the importance of looking beyond two years, in order to make sure that for the next 50 years Alaska has a guiding industry that respects the resource, the industry, and provides stability. CO-CHAIR WAGONER said that he respects Mr. Willis' perspective. 11:49:08 AM CHRIS BRANHAM, representing himself, testified in opposition of SB 24. He said he has been addressing these issues for the past 30 years and this bill is meritless and doesn't benefit anyone. He explained that the issue can be resolved by putting restrictions and limitations on the people who use the resource. The sports fishing industry has never been given legitimate responsibility by the state of Alaska and he stressed the importance of the industry. However, the state does nothing to support it. He said that this is the responsibility of ADF&G. The constitution gives first priority to subsistence use, the second use is commercial, and the third use is recreational. He stressed the need to enhance the sports fishing industry. 11:52:29 AM CHRIS ZWOLINSKI, hunting guide, testified in support of SB 24. He said that it is important to regulate the resource now in order to prevent damage in the future. He suggested that more public forums are needed. 11:54:20 AM STAN MALCOM, Petersburg Charter Boat Association, testified in support of SB 24. He noted that he was a member of the original task force which generated the information leading up to SB 24. He explained that the association has always supported the guide license requirements and the log book program. A professional service board is in the best long term interest of the industry, the state, and all fisheries resource users. The bill, in encompassing the non-guided sector, which is continuing to grow in Southeast Alaska and is a huge resource user, would be a huge step forward. The Sport Fishing Guide Services Board would promote some self-regulation from within the industry. 11:57:08 AM CO-CHAIR WAGONER announced the conclusion of teleconference testimony. 11:57:26 AM JOEL HANSON, Captain, The Boat Company, expressed concern that some types of businesses are not being fairly represented within SB 24. He said the company has been operating in Southeast Alaska for 30 years. While they do not focus specifically on sport fishing it is a critical component of their business. He said that the sport fishing industry has a wide variety of models both on salt and fresh water and the bill needs to be expanded to include a larger group of concerned individuals. 12:01:00 PM CO-CHAIR WAGONER closed public testimony on SB 24. [The bill was held in committee.]