Legislature(2015 - 2016)BUTROVICH 205

03/17/2015 09:00 AM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 42 PERSONAL USE FISHING PRIORITY TELECONFERENCED
Moved SB 42 Out of Committee
-- Continued Public Testimony --
*+ SJR 15 CALL FOR US COUNTERMAND CONVENTION TELECONFERENCED
Heard & Held
-- Initial Presentation --
*+ SCR 4 US COUNTERMAND CONVENTION DELEGATES TELECONFERENCED
Heard & Held
-- Initial Presentation --
+ Bills Previously Heard/Scheduled TELECONFERENCED
              SB 42-PERSONAL USE FISHING PRIORITY                                                                           
                                                                                                                                
9:35:23 AM                                                                                                                    
CHAIR STOLTZE  announced that the  final order of  business would                                                               
be SENATE  BILL NO.  42, "An Act  providing priority  to personal                                                               
use  fisheries  when  fishing  restrictions  are  implemented  to                                                               
achieve a management goal."                                                                                                     
                                                                                                                                
CHAIR STOLTZE, sponsor,  explained that under SB 42,  in times of                                                               
shortages,  personal  use fisheries  would  be  given a  priority                                                               
after subsistence use fisheries, and  that the Board of Fisheries                                                               
would make allocation determinations.                                                                                           
                                                                                                                                
9:37:47 AM                                                                                                                    
GEORGE PIERCE, representing  himself, said he opposes  SB 42, and                                                               
used the  term, "overreach" to  describe the Board  of Fisheries.                                                               
He offered  his beliefs that  so-called "personal  use fisheries"                                                               
have already  been ruled unconstitutional  by the  Alaska Supreme                                                               
Court,  and that  by  providing for  such  fisheries, the  Alaska                                                               
State  Legislature  and  the Board  of  Fisheries  are  therefore                                                               
breaking the law.                                                                                                               
                                                                                                                                
9:42:02 AM                                                                                                                    
RICHARD BISHOP,  representing himself,  testified in favor  of SB
42.   He  offered his  understanding that  Alaska's personal  use                                                               
fishery is the  largest Alaska-resident fishery in  the state and                                                               
constitutes  an  important  source  of  wild  foods  for  various                                                               
peoples  in the  state, particularly  those with  limited income.                                                               
Noting  that  Article   I,  Section  23,  of   the  Alaska  State                                                               
Constitution   specifically   says    that   the   Alaska   State                                                               
Constitution   does  not   prohibit  the   State  from   granting                                                               
preferences, on  the basis of  Alaska residence, to  residents of                                                               
the State  over non-residents, he offered  his understanding that                                                               
personal use  fisheries are an  instance where such  a preference                                                               
has been  granted.  In conclusion,  he ventured that SB  42 would                                                               
ensure that the  people who want access to  Alaska's personal use                                                               
fisheries  can  continue   to  have  access  by   being  given  a                                                               
preference.                                                                                                                     
                                                                                                                                
9:45:37 AM                                                                                                                    
GARY STEVENS, Member, Board of  Directors, Alaska Outdoor Council                                                               
(AOC),  said he  is in  support of  SB 42  because he  is of  the                                                               
opinion  that Alaska's  personal  use fisheries  are really  just                                                               
subsistence use fisheries for Alaska  residents that live in what                                                               
he  termed,  "non-subsistence   areas";  personal  use  fisheries                                                               
should therefore  be given the  same priority as  subsistence use                                                               
fisheries.                                                                                                                      
                                                                                                                                
9:46:33 AM                                                                                                                    
AL BARRETTE,  representing himself, said  he is in support  of SB
42, and considers  it to be a  long time coming.   Noting that he                                                               
is an  "Interior guide" and uses  what he called "the  Chitna dip                                                               
netery," and  remarking that he  would like  to be able  to catch                                                               
more fish than  he is currently allotted, he ventured  that SB 42                                                               
would provide  statutory guidance to  the Board of  Fisheries for                                                               
prioritizing fisheries other than  subsistence use fisheries.  He                                                               
opined that  personal use fisheries  are really  just subsistence                                                               
use fisheries occurring in urban areas of Alaska.                                                                               
                                                                                                                                
CHAIR  STOLTZE, after  ascertaining that  no one  else wished  to                                                               
testify, closed public testimony on SB 42.                                                                                      
                                                                                                                                
9:51:26 AM                                                                                                                    
TOM  BROOKOVER,   Acting  Director,   Division  of   Sport  Fish,                                                               
Department of  Fish and Game  (ADF&G), in response  to questions,                                                               
confirmed that the  ADF&G has not taken a position  on SB 42, and                                                               
explained that personal use fisheries  are regulated by the Board                                                               
of Fisheries.   He then paraphrased portions of  5 AAC 77.001(a),                                                               
which read:                                                                                                                     
                                                                                                                                
     5 AAC 77.001. Intent and application of this chapter                                                                     
                                                                                                                                
     (a) The Board of Fisheries finds that                                                                                      
          (1) before the enactment of the state's                                                                               
     subsistence  priority  law in  ch.  151,  SLA 1978,  an                                                                    
     individual  could  fulfill that  individual's  personal                                                                    
     use   needs   for   fish  under   subsistence   fishing                                                                    
     regulations;                                                                                                               
          (2) the state's subsistence priority law changed                                                                      
     the  definition of  subsistence  in a  manner that  now                                                                    
     precludes  some   individuals  from   participating  in                                                                    
     customary  and  traditional subsistence  fisheries  and                                                                    
     efficiently harvesting fish for their personal use;                                                                        
          (3) there presently are areas of the state with                                                                       
     harvestable  surpluses  of  fish   in  excess  of  both                                                                    
     spawning  escapement   needs  and  present   levels  of                                                                    
     subsistence, commercial and sport uses; and                                                                                
          (4) it is necessary to establish a fishery                                                                            
     classified as "personal use" because                                                                                       
               (A) since the sale of fish is not                                                                                
     appropriate  or  permissible,  this fishery  cannot  be                                                                    
     classified as commercial;                                                                                                  
               (B) since the use is not a customary and                                                                         
     traditional use,  this fishery cannot be  classified as                                                                    
     subsistence; and                                                                                                           
               (C) since the gear for this fishery is often                                                                     
     different from that  historically associated with sport                                                                    
     fishing,  this fishery  should not  be classified  as a                                                                    
     sport fishery, to prevent confusion among the public.                                                                      
                                                                                                                                
MR.  BROOKOVER,  offering his  understanding  that  5 AAC  77.001                                                               
became  effective in  1982,  noted that  the  Board of  Fisheries                                                               
considers  certain  criteria  for  the  allocation  of  resources                                                               
between  the   personal  use,  sport  use,   and  commercial  use                                                               
fisheries.   In response to  further questions, he  provided some                                                               
allocation  statistics for  some personal  use fisheries  in some                                                               
locations during some times.                                                                                                    
                                                                                                                                
CHAIR  STOLTZE mentioned  that  the ADF&G  has  submitted a  zero                                                               
fiscal note for SB 42.                                                                                                          
                                                                                                                                
SENATOR COGHILL offered  his belief that SB  42's proposed change                                                               
would  be  allowed  under  the  Alaska  State  Constitution,  and                                                               
characterized it as a good approach.                                                                                            
                                                                                                                                
10:06:44 AM                                                                                                                   
SENATOR  HUGGINS moved  to report  SB  42 out  of committee  with                                                               
individual  recommendations and  attached  fiscal  notes.   There                                                               
being  no  objection, SB  42  was  moved  from the  Senate  State                                                               
Affairs Standing Committee.                                                                                                     

Document Name Date/Time Subjects
SB42 ADF&G Provided - Res and Nonres Commercial Fishing Statistics.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SB42 Support Document - ADF&G Personal Use Statewide Regulations.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SB42 Support Document - Letter Chitina Dipnetters Association 3-15-15.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SB42 Opposition Document - Letter Alaska Trollers Association 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SJR15 Support Document - Letter Louisiana Senator A.G. Crowe.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Document - Letter North Dakota Rep Alan Fehr.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Documents - Emails 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Document - Charles Kacprowicz Commentary.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SCR4 Support Document - Letter Citizens Initiatives (Charles Kacprowicz).pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Document - New Hampshire Resolution.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Support Document - New Mexico Resolution.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SJR15 Fiscal Note LEG-SESS 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SCR4 Fiscal Note LEG-SESS 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SJR15 Sponsor Statement.pdf SSTA 3/17/2015 9:00:00 AM
SJR 15
SCR4 Sponsor Statement.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SCR 4 Sectional Summary.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SB42 Opposition Documents - Emails & Written Testimony 3-16-15.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SB42 Support Documents - Emails 3-17-15.pdf SSTA 3/17/2015 9:00:00 AM
SB 42
SCR4 Support Document - Charles Kacprowicz Commentary.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SCR4 Support Document - Email Mike Coons 3-26-15.pdf SSTA 3/17/2015 9:00:00 AM
SCR 4
SCR4 Support Document - Letter Citizens Initiatives (Charles Kacprowicz).pdf SSTA 3/17/2015 9:00:00 AM
SCR 4