Legislature(2015 - 2016)SENATE FINANCE 532
04/12/2016 09:00 AM FINANCE
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CS FOR HOUSE BILL NO. 41(FIN) am "An Act relating to sport fishing services, sport fishing operators, and sport fishing guides; and providing for an effective date." 10:17:40 AM AT EASE 10:21:27 AM RECONVENED Vice-Chair Micciche MOVED to ADOPT proposed committee substitute for CSHB 41(FIN), Work Draft 29-LS0238\G (Bullard, 3/18/16). Co-Chair MacKinnon OBJECTED for discussion. ERIN SHINE, STAFF, SENATOR ANNA MACKINNON, explained that, over the interim, there was work on examining the issues raised in previous hearing from the prior session. She stated that on January 12, 2016, the stakeholders, departments, and staff to address those concerns. The main change in the committee substitute was that the freshwater and saltwater were bifurcated, and the logbooks and licensing only require saltwater. She noted that on page 2, line 31 to page 3, line 9 added a definition of saltwater sport fishing services. She looked at page 5, lines 10 through 14 which allowed the department to adopt regulations for a procedure that allows a person to apply for a waiver of timely submission of the reports required in the bill. She stated that the other substantial change was on page 8, line 19, which moved the effective date to 2019. Co-Chair MacKinnon REMOVED her OBJECTION. There being NO OBJECTION, it was so ordered. 10:24:31 AM REPRESENTATIVE CATHY TILTON, SPONSOR, related that she had worked over the previous interim to address issues that had been identified. 10:25:21 AM CRYSTAL KOENEMAN, STAFF, REPRESENTATIVE CATHY MUNOZ, discussed the sectional analysis (copy on file): Section 1 - Effective January 1, 2016; establishes license fees at the rate of $200 for operators, $100 for guides, and $200 combined. Section 2 - Effective January 1, 2016; Amends 16.05.395 Sport fishing vessel registration; updates the statute references to reflect the reinstated program. Section 3 - Effective January 1, 2026; removes the language in Section 4 to reflect the 10 year sunset provision. Section 4 - Effective January 1, 2016; Reestablishes the Sport fishing operator license, Sport fish guide license, reporting requirements, penalties, and definitions; only change to original statute language is to reflect the updated statute citations. Section 5 - Effective January 1, 2016; Reestablishes language in AS 25.27.244(s)(2) as this language was repealed December 31, 2014; cleanup of statute since (ii) was repealed in 2005. Section 6 - Effective January 1, 2016; Reinserts language into AS 41.21.506 Comprehensive Management Plan, Regulations that was repealed with the sunset provision; This language requires the DNR Commissioner to develop and adopt a management plan for the Kenai River Special Management Area in conjunction with the Borough. Section 7 - Effective January 1, 2026; removes the language in Section 8 to reflect the 10 year sunset provision. Section 8 - Effective January 1, 2026; Repealers for the 10 year sunset provision. Sections 9 and 10 - Transitional provision for regulations with an immediate effective date. Section 11 - Section 3, 7, and 8 take effect January 1, 2021. Section 12 - Effective date of January 1, 2016. 10:29:35 AM Co-Chair MacKinnon stated that her staff had sent her a message to make the committee aware that there was an ongoing issue related a violation in the bill. Co-Chair MacKinnon specified that the subsequent two bills concerned fisheries on the topic of state versus personal use. Co-Chair MacKinnon asked the sponsor to summarize what was trying to be accomplished with the bill. Representative Tilton stated that the bill was introduced to better serve the state with regard to the allocation of halibut resources. Co-Chair MacKinnon noted that she would reopen public testimony. 10:33:01 AM ANDY MEZIROW, SELF, SEWARD (via teleconference), testified in support of the bill. Senator Dunleavy asked if the department currently kept a logbook. Mr. Mezirow stated that the department currently had a log book, however without the legislation the department would not be able to have it 10:36:08 AM SAMANTHA WEINSTEIN, EXECUTIVE DIRECTOR, SOUTHEAST ALASKA GUIDES ORGANIZATION, ANCHORAGE (via teleconference), testified in support of the bill. 10:37:24 AM PAUL JOHNSON, SELF, GULL COVE (via teleconference), testified in support of the bill. He was concerned that individuals in rural areas would not proper access, and felt that there was room for mistakes. 10:39:44 AM Co-Chair MacKinnon mentioned that there was work on a resolution related to the violation issue. 10:40:18 AM DICK ROHRER, SELF, KODIAK (via teleconference), echoed the comments of the previous testifier. He maintained that // He directed attention to page 6, lines 4 through 6 of the bill. Senator Olson asked why the designation was changed to saltwater only, rather than including freshwater. HEATH HILYARD, STAFF, REPRESENTATIVE CATHY TILTON, explained that stakeholder meetings resulted in the feeling that there were a number of unique situations within the freshwater realm that required different treatment. He stated that the logbook programs drove the information to make management decisions at the North Council level, it was deemed necessary to progress with treating the freshwater at a different time. Senator Olson wondered whether the bill targeted saltwater guides. Mr. Hilyard responded that it was not the intent of the bill. Senator Olson asked if the bill would have any effect on Native and non-Native subsistence users. Mr. Hilyard believed that the subsistence provision was at a state level, and halibut was a federally managed fish. He deferred to the department to answer more specifically. Senator Olson stressed that he wanted an answer to his question. 10:45:34 AM TOM BROOKOVER, DIRECTOR, DIVISION OF SPORT FISHERIES, DEPARTMENT OF FISH AND GAME (via teleconference), agreed to provide that information. Co-Chair MacKinnon requested more information about the freshwater provision, and how that position would be defended for logs in freshwater. Vice-Chair Micciche understood that there would be no change to the freshwater requirement. Ms. Koeneman agreed. ALPHEUS BULLARD, ATTORNEY, LEGISLATIVE LEGAL SERVICES (via teleconference), remarked that the bill, except for one provision, related only to the management of saltwater fishing guides and saltwater fishing operators. Vice-Chair Micciche asked for more information about the change to freshwater. Mr. Bullard referred to Section 2, which had a requirement that all vessels used to provide sport fishing services whether in freshwater or saltwater have appropriate identification. Co-Chair MacKinnon requested that language and amendments be delivered to her office the following day. HB 41 was HEARD and HELD in committee for further consideration.