SB 159-SALT WATER FISHING: OPERATORS/GUIDES  3:30:31 PM CHAIR MICCICHE announced that the first order of business would be Senate Bill 159, "An Act relating to salt water sport fishing operators and salt water sport fishing guides; and providing for an effective date." 3:31:36 PM DAVID RUTZ, Director, Division of Sport Fisheries, Alaska Department of Fish and Game, Palmer, Alaska, explained that SB 159 would reinstate sport fishing guide and operator licensing standards and fees for salt water guides and operators. The legislature adopted the sport fish guide and operator licenses that took effect in 2005 and sunsetted on December 31, 2014. The legislature reinstated the legislation and it sunsetted in 2018. The department would like to see the operator licensing standards and fees in statute in perpetuity. The license fees pay the cost of collecting logbook data which is the reporting section of SB 159. He detailed that the department has collected logbook data from salt water sport fishing businesses and guides since 1998. Logbook data is critical to upholding the state's obligations for the United States and Canadian Pacific Salmon Treaty as well as providing crucial data to the International Pacific Halibut Commission. Logbook data is also critical for the North Pacific Fisheries Management Council for managing federal fisheries and avoiding duplicative reporting mechanisms that place undue burden on the charter fishing industry. MR. RUTZ noted that committee members received a logbook use summary that lays out all the needs and obligations the program provides. 3:34:47 PM RACHEL HANKE, Legislative Liaison, Alaska Department of Fish and Game, Juneau, Alaska, provided the following sectional analysis for SB 159, version A: Section 1 Establishes license fees for salt water guides and operators. • Guide license - $200 • Operator license - $400 • Operator and guide combined license - $400 Section 2 Adds new Article to AS 16.40 • AS 16.40.262 provides stipulations for the salt water operator license and defines the license type. • AS 16.40.272 provides stipulations for the salt water guides and combined license and defines both license types. • AS 16.40.282 establishes reporting requirements for salt water guides and operators. • AS 16.40.292 establishes penalties for violations the chapter. • AS 16.40.301 defines "salt water sport fishing guide" and "salt water sport fishing guide services. Section 3 Adds salt water sport fishing operator and guide license to AS 25.27.244(s)(2) which defines "license. Section 4 Effective date of January 1, 2021. 3:36:02 PM CHAIR MICCICHE asked what the fees were when the program expired in 2018. MR. RUTZ answered that they were $200 for the guide and operator fee and $100 for the guide fee, which is half of what SB 159 asks for. CHAIR MICCICHE asked if the combined fee has always been the same as the salt water fishing operator license. 3:37:01 PM TOM TAUBE, Deputy Director, Division of Sport Fisheries, Alaska Department of Fish and Game, Juneau, Alaska, explained that the combined fee has been the same as the operator license. The combined fee in SB 159 is $400 and previously the fee was $200. An operator who is also a guide would pay the full amount as a business does. SENATOR COGHILL noted that the amended legislation adds a new section. He asked if the new section adds new verbiage to the legislation. MS. HANKE answered that the new section is mostly the same, but the bill reinstates the reporting requirement from the original legislation. 3:38:42 PM SENATOR KIEHL asked for the number of salt water guides and the total number of guides in the state. MR. TAUBE answered that there are approximately 1,200 to 1,300 salt water guides. The approximate total of both fresh water and salt water guides is 2,200 to 2,400. SENATOR KIEHL pointed out that logbooks are important to the Board of Game and advisory committees. He asked why the bill only requires logbook data from salt water guides. MR. TAUBE answered that the department specifically submitted salt water guides because the salt water guide industry supports the legislation. The department dropped fresh water logbooks at the beginning of 2019 partly due to not having sufficient funding to continue the program and a lack of support from the fresh water guide industry to complete the logbooks. The fresh water guiding industry felt that the division was not using their logbook data for management purposes. He explained that after in-season logbook data collection, the department releases data during the post season. However, the department is converting to an electronic logbook (e-logbook) system for the 2021 season. The department will mandate all salt water guides to complete their e-logbooks. The logbook conversion should expedite data processing and information compilation. MR. TAUBE detailed that the department releases king salmon data by mid-July to determine where the state is with regards to Pacific Salmon Treaty obligations. They start generating halibut harvest reports at the same time for the North Pacific Fishery Management Council for the fall. 3:41:14 PM SENATOR KIEHL remarked that all the listed logbook data benefits were in-season management benefits. He opined that providing more data would seem to help the Board of Game and biologists to do a better job, especially with the e-logbook implementation providing in-season information for just about everybody. MR. TAUBE replied in-season is a relative term, but preliminary data access would occur within weeks of the e-logbook compilation. However, data analysis during the in-season would take some time. CHAIR MICCICHE asked why the legislation sunsetted twice in the last six years. MR. TAUBE replied he does not know the rationale for the sunset clauses. The initial legislation adopted in 2005 had a five-year sunset with two-year sunsets afterwards. CHAIR MICCICHE remarked that this is obviously a priority for the department. He asked why the legislation was not a priority during the previous times when it sunsetted and then expired. MR. TAUBE answered that he believes it was a priority for the department, but he isn't certain why the sunset provisions were inserted. SENATOR COGHILL pointed out that the fiscal note indicated concerns over the fresh water guide licensing logbook. He recalled that the fresh water logbook discussion related to whether the process provided value. SENATOR COGHILL asked how the department records individual licensing and boat labeling [registration]. 3:44:04 PM MR. TAUBE explained that the department requires licensed guide businesses to register their vessel and get logbooks for their staff. Within the logbook there is a vessel registration form that identifies the vessel utilized by the business during the season. The guide business can contact the department to add a replacement vessel if their registered vessel goes down during the season. He explained that vessel registration allows the department to track vessels used for guiding. Each vessel receives a large gold and green decal, often called "the watermelon." The guide businesses receive annual renewal tags that go on each side of their registered vessel. SENATOR COGHILL asked how the department holds licensed individuals accountable for logbook data. MR. TAUBE explained that logbook instructions require logbook entries to be completed before offloading passengers and fish. The department can issue citations to individuals that do not comply. Licensed guide businesses must submit completed logbooks to the department within a two-week timeframe when reports are due. He noted that the department has been lenient on reporting provisions if someone operates in a remote location and requires an end of season waiver. However, the department has cited individuals for incorrectly completing logbooks, falsely completing them, or not turning them in within the required timeframe. 3:46:51 PM SENATOR COGHILL asked if using e-logbooks will allow faster data downloading and cleaner accountability. MR. TAUBE answered yes. He detailed that a guide or business will upload logbook information after a fishing trip once they have connectivity. The department will allow a guide or business up to two days to make corrections to the logbook but after that the data is uploaded and changes are no longer allowed. Citations or violations will be the same for failure to correctly complete e-logbooks. It's just a more efficient means of collecting information. MR. TAUBE detailed that the e-logbook process will be efficient for guides taking clientele out multiple days. Guides will be able to repeat clientele information in future days to record e- logbook entries. Guides will also be able to scan licenses to automatically upload client information. The idea behind the e- logbooks was to make things more efficient for guides and acquisition of the data easier for the department. 3:48:36 PM SENATOR COGHILL asked how many licensed operators can be on a tagged boat. MR. TAUBE explained that each vessel has one logbook and generally there is one guide per vessel. There could be multiple guides on a single vessel, but guides would be recording into the same logbook. Usually the second guide acts as a deckhand and the lead guide records logbook trip information. SENATOR COGHILL inquired if logbook accountability is an economic or legal relationship. MR. TAUBE answered it's a legal relationship. SENATOR COGHILL recapped that there is one boat and one guide. MR. TAUBE added that there is one logbook in that circumstance. CHAIR MICCICHE asked if a deckhand has licensing requirements. MR. TAUBE answered that the definition of sport fishing guide services excludes a deckhand from licensing requirements. He explained that deckhands fall under the guide's license. CHAIR MICCICHE asked if the department requires a deckhand to have a current sport fishing license. MR. TAUBE answered yes. 3:50:37 PM CHAIR MICCICHE asked if insurance, first aid, holding a driver's license and other requirements are the same as they have been in the past. MR. TAUBE answered yes. CHAIR MICCICHE read the following provision on page 4, line 28: A person who is required to complete reports under this section may not provide false information or omit material facts in a report. He asked if he agrees that in the State of Alaska a person who is under 16 years of age does not require a sport fishing license. MR. TAUBE clarified that an Alaskan resident under the age of 18 and a nonresident under the age of 16 does not require a license. CHAIR MICCICHE asked what protects a guide from the charge of filing a false report if the parents of a nonresident 17-year- old claim their child is under age 16 and the truth comes out when the boat is boarded and IDs are checked. 3:52:12 PM MR. TAUBE answered that the determination is up to the investigating enforcement officer. If the guide made every effort to get the correct information, the clients would be responsible. He said the department does not require guides to ask for birth certificates. CHAIR MICCICHE noted that the guide in the referenced case was a very uncomfortable winner. He said he brought it up to bring clarity to the case to ensure that the incident does not happen again. MR. TAUBE the committee to support SB 159 without a sunset clause, if possible. CHAIR MICCICHE noted his concern about the rollercoaster management of the guidebook program and the unfair requirements it places on salt water operators who have a lot of other things worry about. 3:54:07 PM CHAIR MICCICHE opened public testimony; finding none, he stated he would keep it open. He encouraged written testimony be submitted to sres@akleg.gov. 3:54:48 PM CHAIR MICCICHE held SB 159 in committee.