HOUSE SPECIAL COMMITTEE ON FISHERIES February 1, 1993 8:30 a.m. MEMBERS PRESENT Representative Carl E. Moses, Chair Representative Harley Olberg, Vice Chair Representative Gail Phillips Representative Irene Nicholia Representative Cliff Davidson MEMBERS ABSENT None OTHER MEMBERS PRESENT Representative Ben Grussendorf Representative John Davies Representative Bill Williams Representative Jeannette James COMMITTEE CALENDAR Overview: Alaska Department of Fish and Game WITNESS REGISTER Stephen M. White Assistant Attorney General Alaska Department of Law P.O. Box 110300 Juneau, AK 99811-0300 Phone: 465-6724 Position Statement: Commented on and gave a brief overview of the lawsuits involving subsistence and offshore fisheries Representative Ben Grussendorf State Capitol, Room 415 Juneau, Alaska 99811-1182 Phone: 465-3824 Position Statement: Compared migration and management of fish in navigable waters Ron Somerville, Deputy Commissioner Alaska Department of Fish & Game P.O. Box 25526 Juneau, AK 99802-5526 Phone: 465-4100 Position Statement: Commented on expense involved in fighting the lawsuits Frank M. Homan, Commissioner Commercial Fisheries Entry Commission Alaska Department of Fish & Game 8800 Glacier Highway, Suite 109 Juneau, AK 99801-8079 Phone: 789-6160 Position Statement: Commented on the details of the five Limited Entry Fishing Permits held by the IRS Representative Bill Williams State Capitol, Room 128 Juneau, AK 99811-1182 Phone: 465-3424 Position Statement: Inquired about permits currently held by the IRS ACTION NARRATIVE TAPE 93-2, SIDE A Number 000 CHAIRMAN CARL MOSES called the meeting to order at 8:39 a.m. He noted all members in attendance and asked Steve White to discuss the lawsuits involving fisheries. STEPHEN M. WHITE, ASSISTANT ATTORNEY GENERAL, highlighted the 22 cases in the packets and noted that most problems stemmed from interpreting the Alaska National Interest Lands Conservation Act and the natural migration of fish into federal waters. REPRESENTATIVE BEN GRUSSENDORF compared the migration of fish and the management of those fish in navigable waters to the caribou herds' migration patterns. REPRESENTATIVE CLIFF DAVIDSON questioned whether there were sufficient funds to pay for the litigation. RON SOMERVILLE, DEPUTY COMMISSIONER, ALASKA DEPARTMENT OF FISH AND GAME (ADF&G), noted Judge Holland had all these cases and was not taking the issue lightly. TAPE 93-2, SIDE B Number 000 FRANK HOMAN, COMMISSIONER, COMMERCIAL FISHERIES ENTRY COMMISSION, said when the IRS was challenged on issues, the Attorney General's office handled them. He further stated that the Limited Entry Permits were auctioned off to individuals, not to corporations or companies. MR. HOMAN commented that if that permit was the sole source of food for a family, it would not be taken away as it would cause undue hardship on that family. REPRESENTATIVE GAIL PHILLIPS questioned how long the IRS would hold the five permits, who would pay the taxes on those permits while they were held by the IRS, and how the fishermen were expected to pay taxes on their permits when fish runs were very low. MR. SOMERVILLE responded by assuring that the IRS was attempting to work with fishermen on an individual basis. REPRESENTATIVE BILL WILLIAMS asked what would happen to the five permits currently held by the IRS. MR. SOMERVILLE stated that each of those five permits were still in the original owner's names, yet they were held by the IRS. ADJOURNMENT CHAIRMAN MOSES asked members and the public if there were further comments. Hearing none, he adjourned the meeting at 9:45 a.m. Attached: Memorandum from Department of Law noting significant fishery lawsuits