SB 54-EXTEND HAIR CRAB & SCALLOP LIMITED ENTRY  3:31:18 PM CHAIR GIESSEL announced SB 54 to be up for consideration. SENATOR DYSON moved conceptual Amendment 1 to change the sunset date to 2018 on page 1, line 9. CHAIR GIESSEL objected for discussion purposes. 3:32:00 PM BENJAMIN BROWN, Commissioner, Commercial Fisheries Entry Commission (CFEC), said this amendment changes the extension of the life of this program from a 10 year extension to a 5 year extension. It's a compromise; some people don't like vessel- based limited entry and expressed concerns over this program and a 5 year sunset date will simply allow the issue to be revisited in half the time as a 10 year sunset extension, during which time the dialogue can continue to alleviate concerns of those who don't like some aspects of the program. SENATOR DYSON said they received a letter saying the North Pacific Fisheries Management Council (NPFMC) had considered this issue but it wasn't an agenda item and it had no opportunity for public comment. MR. BROWN said the letter's assertion was correct, because he attended the NPFMC meeting in Portland and saw that it was taken up under "staff tasking" that occurs at every NPFMC meeting staff is asked to do things. 3:33:43 PM SENATOR MCGUIRE joined the meeting. SENATOR DYSON wondered if it was good public policy for an issue that affects so many other people to only come before the staff with no opportunity for stakeholders to either know of it or weigh in on it. MR. BROWN replied the NPFMC and the Magnuson Stevens Act are entities that govern federal fisheries management and are much more complex than what they do at the state level. He explained that the letter was from the federal managers in support of continuing the state program, because there is some overlap in the management regime of the fisheries. There would have been an opportunity for the public to comment if the NPFMC were going to be taking action on the federal side of things and not just writing a letter in support of the state side of things. That being said, it wasn't the best public process and if he had stayed around through staff tasking he would probably not have been prevented from commenting during the open comment period, but he didn't know. SENATOR DYSON said it had been awhile, but that decision which is part of the basis for this bill affects the businesses of the Kodiak and Cook Inlet areas, and he wondered when they had an opportunity to weigh in on it. MR. BROWN said he couldn't tell him that; but he could tell him that the NPFMC supported extending the sunset 5 years ago and he didn't think they had changed their position on the viability of the Alaska's vessel-based limited entry program. The NPFMC has a "three meeting outlook" meetings are publicly noticed; there is and they are held in various locations around Alaska and the Pacific Northwest. He would have to look at meeting minutes to discover what the public comment was. SENATOR DYSON asked if they can be assured that this issue was in the notice that went out three times to let people know that the board was going to take actions to respond to staff initiated action. MR. BROWN answered that he could say with confidence that when they created the federal management plan there would have been a public comment period, and the gentleman was right that there was no notice about this letter at the most recent meeting in Portland. However, he would be very surprised if this issue had no public notice when the substantive policy was put in place and a significant chunk of time set aside for it. He also mentioned that the NPFMC has a Scientific and Statistical Committee (SSC) and an Advisory Panel (AP), both of which meet for several days prior to the actual council meetings and the public can have input there on decisions that will be forwarded to the full council for action. 3:39:33 PM CHAIR GIESSEL remarked they were asking questions of Mr. Brown that he can't answer about a process in a meeting that he didn't run and, finding no further questions, withdrew her objection. SENATOR MICCICHE said he supported the amendment. He also had concerns, but it's a difficult fishery and this seems like the most efficient way to get Alaskan scallops to market; and the 5 years gives concerned folks time to come forward and plead a case. CHAIR GIESSEL, finding no further objection to the motion, said that conceptual Amendment 1 was adopted. SENATOR DYSON associated himself with Senator Micciche's remarks and commented that he doesn't like limited entry but it allows management of the fisheries. 3:43:42 PM SENATOR DYSON moved to report SB 54, as conceptually amended, from committee with individual recommendations and attached fiscal note(s). CHAIR GIESSEL announced that, without objection, CSSB 54(RES) moved from the Senate Resources Standing Committee.