Legislature(2007 - 2008)BUTROVICH 205
03/12/2007 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| * | SB 109 | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
March 12, 2007
3:34 p.m.
MEMBERS PRESENT
Senator Charlie Huggins, Chair
Senator Lyda Green
Senator Gary Stevens
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Bert Stedman, Vice Chair
Senator Lesil McGuire
Senator Thomas Wagoner
COMMITTEE CALENDAR
Confirmation Hearings:
Big Game Commercial Services Board
Leif Wilson
CONFIRMATION ADVANCED
Department of Fish and Game
Denby Lloyd - Commissioner
HEARD AND HELD
SENATE BILL NO. 109
"An Act relating to the regulation and permitting of drilling
and other operations by the Alaska Oil and Gas Conservation
Commission, to civil penalties assessed by the commission, to
reconsideration and appeal of decisions and the allocation of
costs in investigations and hearings before the commission, and
to information filed with and fees of the commission; and
providing for an effective date."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record.
WITNESS REGISTER
Leif Wilson, designee
Big Game Commercial Services Board
POSITION STATEMENT: Nominee to the Board
Denby Lloyd, Commissioner designee
Alaska Department of Fish and Game (ADF&G)
POSITION STATEMENT: Nominee as Commissioner of ADF&G.
Dave Crowley, representing himself
Cordova, AK
POSITION STATEMENT: Commented on confirmation
Dave Otness, representing himself
Seward, AK
POSITION STATEMENT: Commented on confirmation
Steve Flory, representing himself
Anchorage, AK
POSITION STATEMENT: Commented on confirmation
Tom Harris, representing himself
Juneau, AK
POSITION STATEMENT: Commented on confirmation
David Martin, representing himself
Kenai, AK
POSITION STATEMENT: Commented on confirmation
Steve Vanik, representing himself
Ninilchik, AK
POSITION STATEMENT: Commented on confirmation
Jeff Burger, owner
Deep Creek Custom Packing
Ninilchik, AK
POSITION STATEMENT: Commented on confirmation
Ace Calloway, representing himself
Fox, AK
POSITION STATEMENT: Commented on confirmation
Lynn Levengood
Alaska Wildlife Conservation Association
Fairbanks, AK
POSITION STATEMENT: Commented on confirmation
Mike Tinker, representing himself
Fairbanks, AK
POSITION STATEMENT: Commented on confirmation
Tom Scarborough, representing himself
Fairbanks, AK
POSITION STATEMENT: Commented on confirmation
Bob Thorstenson, President
United Fisherman of Alaska
Juneau, AK
POSITION STATEMENT: Commented on confirmation
ACTION NARRATIVE
CHAIR CHARLIE HUGGINS called the Senate Resources Standing
Committee meeting to order at 3:34:26 PM. Present at the call to
order were Senators Green, Stevens, Wielechowski and Huggins.
^CONFIRMATION HEARINGS
3:34:59 PM
CHAIR HUGGINS announced the first order of business to be
confirmation hearings.
LEIF WILSON, nominee to the Big Game Commercial Services Board,
said he has served on the board already and is honored to be
reappointed. He said most of the problems facing the industry do
not have easy solutions; he then explained his work history.
3:37:17 PM
CHAIR HUGGINS asked Mr. Wilson to remind him when the board came
back into existence.
MR. WILSON replied that it had done so two years prior. He was
originally appointed about eight months after it was recreated.
CHAIR HUGGINS asked him to share some board success stories.
MR. WILSON answered that the board had enacted a whole lot of
ethics legislation. He thought they were going in the right
direction, but he mentioned that a big problem is overcrowding
in the field; it's not so easy to get a guide license now. A
person must pass a test and have experience guiding. The board
may need help from the legislature to deal with some of its
issues.
3:40:41 PM
CHAIR HUGGINS asked what is done when a guide lands on federal
land in another guide's area.
MR. WILSON replied that that he would talk to them as another
individual and attempt to mediate.
CHAIR HUGGINS asked him to answer as a board member.
MR. WILSON replied that the board can't do anything with private
individuals on private lands. The guides currently can have
three guide-use areas apiece, but they can be swapped around.
This issue is one of the biggest problems facing the industry;
there should be a firmer system for limiting the number of
transporters in a certain area.
3:43:53 PM
CHAIR HUGGINS asked how the board would respond to a
hypothetical situation.
MR. WILSON replied in explaining how prosecution in such a
situation would work.
CHAIR HUGGINS asked if any negative situations have transpired
that the committee should know about.
MR. WILSON answered no.
CHAIR HUGGINS read a statement outlining the process for
confirmation.
SENATOR STEVENS moved to forward his name. There were no
objections.
3:46:29 PM
CHAIR HUGGINS called an at-ease.
3:47:14 PM
CHAIR HUGGINS called the meeting back to order and announced
that the committee would be considering the nomination of Denby
Lloyd for the position of Alaska Department of Fish and Game
(ADF&G) commissioner.
DENBY LLYOD, Commissioner designee for the ADF&G, gave a brief
overview of his work background.
3:51:12 PM
SENATOR STEVENS commended him on his service, and said that it
will be interesting to have him in the position. He asked for
him to comment on the federal decision to allow fish farming in
Washington.
MR. LLOYD replied that the ADF&G is very concerned that the
governors don't have enough decision-making authority about what
can be grown on their shores; states should have an opt-in
position. There is the potential for disease and competition for
wild Alaska fish. The ADF&G doesn't want it outlawed, but the
state should be able to make the decision to allow it.
3:53:08 PM
SENATOR GREEN asked what the current statute says about fish
farming.
MR. LLOYD replied that the state doesn't allow fish farming, but
it allows aquaculture.
3:53:47 PM
SENATOR WIELECHOWSKI asked him to comment on how his name was
forwarded to the governor for appointment.
MR. LLOYD replied that advertisements soliciting applications
for the job were placed in local papers for two weeks. He didn't
know how many applicants the administration received, but he
heard that it was quite a few. A board went through them and
decided on a short list to interview that same day. The joint
board met in executive session and they voted on the name to
forward to the governor.
SENATOR WIELECHOWSKI asked for him to comment on how the statute
regarding nominations has been interpreted.
MR. LLOYD replied that an assistant attorney general advised the
committee on making the list, which could contain one or more
names.
SENATOR WIELECHOWSKI asked if he is willing to base his wildlife
management on science.
MR. LLOYD replied yes.
SENATOR WIELECHOWSKI asked if he is committed to fairness and
equitability between commercial and sport fishing.
MR. LLOYD replied that he is, and he has and will carry himself
in a neutral fashion regarding allocation issues.
3:57:31 PM
CHAIR HUGGINS asked how many employees the ADF&G has.
MR. LLOYD replied that there are approximately 1,700.
CHAIR HUGGINS asked for the mission statement of ADF&G.
MR. LLOYD replied that he didn't have the exact wording, but
it's essentially to maintain and improve the wildlife resources
in the state of Alaska.
CHAIR HUGGINS asked if he intended to continue with performance
measures in the department.
MR. LLOYD said that that exercise will continue.
CHAIR HUGGINS asked for his top four goals as commissioner.
MR. LLOYD replied he hoped to leave the department stronger in
terms of staff motivation, operating condition, abundance
management, and equitable distribution of benefits.
CHAIR HUGGINS asked for comment on the issue of subsistence.
MR. LLOYD replied the ADF&G is in a dual management situation,
and it must make sure the federal agencies don't exceed their
mandate. In more global terms, the department's approach isn't
to reduce subsistence opportunity, but to make sure people are
acting according to the law.
CHAIR HUGGINS said that there have been issues with the state
sockeye salmon fishery and asked where the parameters lie for
escapement studies.
4:00:58 PM
MR. LLOYD replied that the objective of the recent study was to
find the best way of determining sockeye escapement. He
explained how the department uses sonar stations, and discussed
the history of escapement figures and the study, the findings of
which will be valuable in planning future allocations.
CHAIR HUGGINS asked for clarification on fish studies.
MR. LLOYD replied in explaining study locations.
CHAIR HUGGINS said that some people don't agree with him on
estimation of escapement numbers.
MR. LLOYD explained how the former sonar counter didn't
represent fish numbers accurately. He added that surveys in Cook
Inlet streams have shown relatively high numbers of fish.
CHAIR HUGGINS said that some habitats need escapement
improvement, and asked how the numbers of fish can be increased.
MR. LLOYD replied the harvest could be restricted, and habitat
improvement and enhancement opportunities could be considered.
The main factor is the harvest rate of the fishery leading into
the system. He mentioned a study to measure the Cook Inlet stock
numbers which could be useful in designing fishery openings and
closures.
CHAIR HUGGINS asked if he was confident with the approach and
results of that study.
MR. LLOYD replied that he was, and mentioned previous types of
studies that were not as discerning.
4:09:07 PM
SENATOR STEVENS asked how Mr. Lloyd would work with the North
Pacific Fisheries Management Council.
MR. LLOYD replied that he plans to fill a seat on the council
himself, and said that on the council the ADF&G is not neutral;
it represents Alaska against potential opposing interests. He
gave an example of past work with the council.
4:11:28 PM
SENATOR MCGUIRE commented that Mr. Lloyd's appointment had
generated a lot of constituent comments, and said that her
concern is regarding his knowledge of game management. She said
that Governor Palin wants to manage for abundance, and asked how
he will implement that strategy.
MR. LLOYD said that he agrees with the governor's stance on
abundance, and that habitat improvement and hunting restrictions
should be imposed. There are areas where predators are taking
what humans could harvest, and where science shows that a
reduction in predator populations would result in an increased
harvest for humans, predators should be controlled.
4:14:28 PM
SENATOR MCGUIRE said the decision to appoint Kenton Taylor as
deputy commissioner is also controversial, and asked if his
philosophy is in line with that of the ADF&G.
MR. LLOYD replied the ADF&G sorted through a number of
candidates for the position, and saw that there were competing
interests. Mr. Taylor has wide recognition of his high standards
of professional ethics; some people think he is not strong in
predator control, but that's not the case.
4:16:28 PM
SENATOR MCGUIRE asked him to elaborate on his conversations with
Mr. Taylor regarding predator control.
MR. LLOYD replied that Mr. Taylor does think predator control is
important, but they hadn't yet spoken of when, where, or how it
will be done.
4:18:47 PM
CHAIR HUGGINS said that a number of sports fishing organizations
supported Mr. Lloyd's nomination, and also were interested in
who he would choose as his deputy. He asked who else had a say
in hiring Mr. Taylor.
MR. LLOYD replied that he consulted with the governor and her
chief advisors.
CHAIR HUGGINS asked him to describe his hiring process, and
commented that some people didn't get an opportunity to express
their preferences for the deputy position.
MR. LLOYD acknowledged that there were competing recommendations
for the position.
CHAIR HUGGINS pointed out that Mr. Taylor's name was not on the
public list of recommendations.
MR. LLOYD acknowledged that Mr. Taylor's name wasn't widely
circulated, and said he could understand surprise at the
appointment.
4:22:15 PM
SENATOR GREEN asked how many deputy commissioners there are.
MR. LLOYD replied that there are two deputy commissioners; one
dealing with commercial fishery issues, and the other dealing
with sport fishing and wildlife issues.
SENATOR WIELECHOWSKI asked if there is any precedent for hiring
methods of deputy commissioners, and asked for comment on Mr.
Taylor's background.
MR. LLOYD replied that he's unaware of any previous process for
selecting commissioners, and that it is an exempt position. He
explained how Mr. Taylor has had a long and distinguished career
in the department and other arenas.
4:26:25 PM
CHAIR HUGGINS said that his constituents had voiced concerns
about a lack of say in the ADF&G appointments.
SENATOR MCGUIRE asked Mr. Lloyd to explain why he's qualified
for game management.
MR. LLOYD replied that he does have resource management
experience, albeit not necessarily focused on game.
SENATOR GREEN said she is concerned that there is an absence of
sport fishing experience between the commissioner and his
deputies, and asked if the ADF&G has considered having a
separate commissioner for sport fishing.
MR. LLOYD replied that it has, but that the department does have
a strong director of sport fisheries. It is talking about the
possibility of adding another position.
4:30:26 PM
DAVE CROWLEY, representing himself, said that he supported
Senator Wielechowski's comments on statute interpretation, and
that he supports separate commissioners for fish and game, the
latter of which lacks representation.
MR. LLOYD commented on a recent Board of Game meeting.
CHAIR HUGGINS asked for his position on sheep hunts.
MR. LLOYD replied that he didn't have a position on that issue.
BOB LINVILLE, representing himself, explained his commercial
fishing background and said that he was hoping for more
transparency in the ADF&G hiring process. He expressed concern
about Mr. Lloyd's position on geoduck farming, and mentioned the
importance of his seat on the North Pacific Fisheries Council
and his opinions on some particular fisheries.
MR. LLOYD agreed that representation on the council is very
important, but said that he didn't agree with some of its
positions. He discussed crab and cod fisheries, and said that he
wants to look for opportunities that don't include
privatization. He does want to institute changes for coastal
fishing communities.
SENATOR MCGUIRE asked for Mr. Lloyd's comments on geoduck
farming.
MR. LLOYD replied that he hasn't testified on the issue on
question, but explained that the department has concerns about
introducing the shellfish in certain parts of the state; the
department would support farming in certain additional areas.
SENATOR MCGUIRE requested that a representative from the ADF&G
attend the Administrative Regulatory Review committee meeting
the following day.
4:42:21 PM
SENATOR STEVENS mentioned the need to keep ownership of
resources in Alaska and the need to provide the opportunity for
younger Alaskans to get into the industry, and asked how control
can be gotten back.
MR. LLOYD replied that the ADF&G won't be planning to make any
public ownership more privatized. It's a matter of limiting
access to fisheries; there can be a reasonable management regime
without giving up public ownership.
4:44:26 PM
CHAIR HUGGINS asked for comment on charter boat halibut fishing
limits.
MR. LLOYD replied that there are short term, mid-term and long
term proposals for the issue; the state wants to maintain
control of allocation decisions, and reducing the quota
immediately would unduly affect the charter boat business. A
mid-term proposal is a moratorium on new entry into the halibut
fleet which would stabilize participants in the industry. The
long-term solution is in how to allocate privileges within the
moratorium; there are many various proposals for doing so that
will be considered.
4:48:22 PM
DAVE OTNESS, representing himself, said he served on Governor
Palin's ADF&G transition team, and shared his strong concerns
about how the joint boards let Alaskans down; he wants the
appointment process investigated, but looks forward to the new
administration.
MR. LLOYD commented that a one-name list was forwarded in 1995
as well; it's not a new issue.
CHAIR HUGGINS mentioned that the committee had heard from
several people who voted on the nominations.
4:52:34 PM
STEVE FLORY, representing himself, said that his concern is over
a statute that says the joint boards shall meet together in the
midst of the nomination process, and more than one name should
be recommended; the governor should not misinterpret the
statute.
MR. LLOYD said that the governor has had plenty of opportunity
to question him on his policies.
4:56:33 PM
TOM HARRIS, representing himself, said that the nomination
process should be reviewed. He commented on decreasing wildlife
populations in Alaska, and how ADF&G is not helping the problem.
He added that he supports Mr. Lloyd's nomination.
4:59:32 PM
DAVID MARTIN, representing himself, said he disagreed with only
one name being forwarded for recommendation; the lack of
transparency erodes public support for government. There haven't
been any much-needed personnel or policy changes in the ADF&G.
5:02:55 PM
MR. LLOYD said that the upper Cook Inlet salmon fishery issue is
very detailed, but boils down to conflicting mandates from the
fisheries board; more clarity is needed before the department
can act.
CHAIR HUGGINS asked for comment on the management of fisheries.
MR. LLOYD discussed escapement and catch issues, and said that
the department needs clear direction on those issues.
CHAIR HUGGINS asked if he saw any correlation in management
techniques between Kenai, Susitna, and Yentna drainage points.
MR. LLOYD replied that ongoing studies may provide information
on that issue.
CHAIR HUGGINS asked if fishing groups could use different sides
of Cook Inlet.
MR. LLOYD replied that that cannot yet be verified.
5:09:32 PM
STEVE VANIK, representing himself, said that he's opposed to the
appointment because of the unclear process, and is disappointed
in Governor Palin. He asked why Mr. Lloyd is hiring retired
people rather than new employees or those in line for
promotions. He commented on the over-escapement in recent years,
and said that management should be conservative. He mentioned a
petition asking for clarification on the process.
5:12:35 PM
MR. LLOYD said that the department has acknowledged that there
has been excessive escapement in the past; the board can choose
consider the problem outside the regulatory process.
5:13:27 PM
JEFF BURGER, owner of Deep Creek Custom Packing, said that
people are having a hard time economically in Cook Inlet. He
objected to having a single appointment rather than a selection
from a list, and said that over-escapement is absolutely
detrimental to the fish run. He said he supported another
candidate who wasn't on the final list, who is qualified and
honorable as opposed to Mr. Lloyd.
5:15:37 PM
ACE CALLOWAY, representing himself, said that he agreed with
previous statements about the nomination process; he thanked Mr.
Lloyd for his service, but said that he has concerns about the
attitude of the ADF&G administration. He talked about the
emergency order to close captain and crew fishing, and
complained that he had not received a response on the issue to
various emails.
MR. LLOYD said that he would give Mr. Calloway his email
address, and said that a proposal regarding sport fishing was
only an option.
LYNN LEVENGOOD, with the Alaska Wildlife Conservation
Association, opined that Mr. Lloyd did not have a plan to manage
for abundance or know how to succeed with such a plan; the
organization opposes his nomination, also because of the
nomination process. He added that the ADF&G should manage on a
biological basis and not one of personal feelings.
MR. LLOYD decline to respond.
MIKE TINKER, representing himself, said that Mr. Lloyd is not
fully qualified to be commissioner; ADF&G game management is
atrocious. The appointment should not be approved.
5:26:34 PM
TOM SCARBOROUGH, representing himself, said that Governor Palin
promised changes in the ADF&G, and Mr. Lloyd's nomination is not
in line with that promise, nor Mr. Taylor's.
5:28:25 PM
BOB THORSTENSON, president of United Fisherman of Alaska, said
he supports Mr. Lloyd as the highest caliber person for the job;
it's not his fault that his was the only name forwarded to the
governor, and people should take issue with her or the boards.
5:31:24 PM
CHAIR HUGGINS said he has further questions for Mr. Lloyd that
will need to be answered; he thanked Mr. Lloyd, and, there being
no further business to come before the committee, he adjourned
the meeting at 5:32:26 PM.
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