Legislature(2011 - 2012)CAPITOL 120
01/26/2012 05:00 PM House FISHERIES
Audio | Topic |
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Start | |
HB261 | |
HCR13 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 261 | TELECONFERENCED | |
*+ | HCR 13 | TELECONFERENCED | |
HCR 13-NORTH PACIFIC FISHERY MANAGEMENT COUNCIL 6:01:59 PM CHAIR THOMPSON announced that the final order of business would be HOUSE CONCURRENT RESOLUTION NO. 13, Requesting the governor to designate one seat on the North Pacific Fishery Management Council for a sport fish licensee and one seat on the North Pacific Fishery Management Council for a subsistence user. 6:02:30 PM JANE PIERSON, Staff, Representative Steve Thompson, Alaska State Legislature, paraphrased from the following written sponsor statement, which read as follows [original punctuation provided]: The North Pacific Fishery Management Council (NPFMC) is one of eight regional councils established by the Magnuson-Stevens Fishery Conservation and Management Act to oversee management of the nation's fisheries. The North Pacific Fishery Management Council has jurisdiction over the million square mile Exclusive Economic Zone (EEZ) off Alaska. NPFMC manages federal fisheries in Alaska valued at over one billion dollars annually, with primary responsibility for ground fish management in the Gulf of Alaska, Bering Sea, and Aleutian Islands, including cod, Pollock, flatfish, mackerel, sablefish, and rockfish species. The Council has eleven voting members and four non- voting members. The eleven voting members include the Commissioner of the Department of Fish & Game, Director of the Washington Department of Fish & Wildlife, Director of the Oregon Department of Fish & wildlife, the Alaska Regional Administrator of NOAA Fisheries, five public members appointed by the Governor of Alaska, and two public members appointed by the Secretary from the State of Washington. Since, it is estimated that 95 percent of rural households consume fish caught for subsistence, and sports fishing contributes over one-hundred and twenty three million dollars annually, their voices are vital to the sustainability of the resource and should be represented at the North Pacific Fishery Management Council. Both sports fish licensees and Alaska subsistence users who have participated in NPFMC meetings have commonly expressed frustration with the lack of opportunity to meaningfully participate in the process, and a lack of representation on the Council. However, allocation of fish in waters managed by NPFMC directly affects the quantity of fish available for harvest by sports fish licensee and subsistence users. HCR 13 requests that the Governor designate both a sports fish licensee and a subsistence user for a seat on the North Pacific Fishery Management Council. In a state that is home to 3,000 rivers, 3,000,000 lakes, and 6,640 miles of coastline, protecting opportunities for sports fishers and subsistence users is vital. MS. PIERSON highlighted that NPFMC is the only council that doesn't designate membership for specific users or groups, such as sport fishers or subsistence users. 6:06:42 PM THERESA WEISER, President, Sitka Charter Boat Operators Association, related her support for HCR 13, which she opined would help in terms of aligning the representation with those who use the resources. 6:07:24 PM HEATH HILYARD, Executive Director, Southeast Alaska Guides Organization, related support of the concept of HCR 13, as he has not had the opportunity to vet the resolution with his board. He acknowledged that the membership of NPFMC isn't consistent with the other councils under the Magnuson-Stevens Fishery Conservation and Management Act, but emphasized that domain knowledge and understanding of business models is more important than the issue of parity amongst the user groups. In his experience with NPFMC, a number of the council members and its staff don't generally understand the unique dynamics of charter fishing business models, particularly in Southeast Alaska. He opined that in addition to providing parity, stipulating membership to also include sports fishermen would provide NPFMC understanding in the development of management measures that preserve the conversation of species with the least economic harm. 6:09:15 PM MELVIN GROVE, President, Prince William Sound Charter Boat Association, urged the committee to [pass] HCR 13 and attach it to SB 24 so that it's a requirement. He highlighted that one of the state's greatest resources is declining dramatically, irrespective of the estimates of abundance that allowed the commercial sector to overharvest. He expressed the need to select more people for NPFMC who would act as watchdogs. He urged the committee to pass HCR 13. 6:11:07 PM DONNA BONDIOLI, Captain B's Alaskan C's Adventures, clarified that her comments are on behalf of the sports fish licensees who fish on her boat. She informed the committee that she has participated in NPFMC since 2000 and has been appalled with the lack of balance with fishing sectors on NPFMC. After writing the other seven councils regarding their makeup, she discovered that almost all of them have a 50:50 split between sport and commercial entities. None of the councils are as off balance as NPFMC. She reminded the committee that the intent of the Magnuson-Stevens Fishery Conservation and Management Act was to have representation for all. For years, there have been requests for more sports fish appointees. She informed the committee that this summer when U.S. Senator Mark Begich was in Homer he said he would like to endorse and promote more candidates for a balanced council, but he has to choose a candidate from the names submitted by the governor. Therefore, Ms. Bondioli emphasized that she wholeheartedly endorse asking the governor to appoint both a sport fish licensee and a subsistence representative for NPFMC. 6:13:22 PM ART IVANOFF, Chairman, Southern Norton Sound Fish and Game Advisory Committee, testified in support of HCR 13, with a suggested addition. He suggested the inclusion of language referring to [representation from] tribal governments. He opined that there is a real need to advocate for inclusion [of tribal governments] in the process. He specified the need to include nongovernmental organizations and tribal governments in this process. There is a 2003 report by Josh Eagle which identifies problematic areas of the Magnuson-Stevens Fishery Conservation and Management Act. 6:14:40 PM KEN LARSON began by telling the committee that since 1993 he has owned and operated a small lodge and halibut and salmon charter business out of Valdez. He related his strong support for HCR 13, but he suggested that the language be amended to clarify that the appointees be Alaska residents without ties to the commercial fishing industry. He opined that since this is a nonbinding resolution, he expressed concern that it wouldn't have any impact on the governor. The governor and past governors, he further opined, have long chosen to disregard the sport fish, subsistence, National Oceanic and Atmospheric Administration (NOAA), and Department of Commerce, Community & Economic Development's (DCCED) request for more equitable noncommercial fish representation on [NPFMC]. He emphasized that he would rather see this type of language included in HB 20 or SB 24 in order to result in a regulatory or statutory requirement. The aforementioned would help the sport and subsistence users receive "a better shake" in these fisheries. Therefore, he opined that any efforts to obtain a more equitable representation on the governing boards would be appreciated. 6:16:08 PM BOB PENNEY began his testimony by noting that he was the first public member appointed to NPFMC by Former Governor Tony Knowles. Prior to his appointment, NPFMC was comprised of mainly industry people. He said that he learned that it's critical for NPFMC to have a public member. There are 220,000 licensed anglers in Cook Inlet; the majority of which he surmised are issued for halibut. Halibut is controlled from the shore to the 200-mile limit by NPFMC. He emphasized the importance of the public having a NPFMC member that they can approach. As mentioned earlier, every other council has sports fishery representation. He, too, pointed out that the Magnuson- Stevens Fishery Conservation and Management Act refers to public representation on the boards. He remarked that [the proposal in HCR 13] is long overdue and very important to carry through. He related a suggestion from NPFMC member Ed Dersham that the subsistence member language might be changed to require that member to be a member of the community development quotas (CDQs) who would likely be involved with an Alaska Native establishment. In conclusion, Mr. Penney encouraged the committee to carry forward and pass HCR 13. 6:18:49 PM REPRESENTATIVE AUSTERMAN inquired as to how many people with a sport fishing background have been appointed to NPFMC. MR. PENNEY related that he was the first, then Ed Rasmuson (ph), Ben Ellis' (ph) name was forwarded but not confirmed, and then Ed Dersham was appointed. He related that the seat has remained a public seat since he was appointed by Governor Knowles. He restated his belief that it's important for the public to have someone to talk to on NPFMC when something affects a major fishery in the state and it should continue. 6:20:02 PM KAREN GILLIS, Executive Director, Bering Sea Fishermen's Association, related support for HCR 13. She reminded the committee that subsistence fishing provides a large share of the food consumed in rural Alaska. These stocks are impacted by the decisions made by NPFMC members. Furthermore, there is a clear and obvious lack of representation on NPFMC, she said. This resolution is a good step, but as mentioned earlier it's nonbinding and she would prefer to have a more binding piece of legislation that places [requirements] in statute. She pointed out that for the Pacific Fishery Management Council the Magnuson-Stevens Fishery Conservation and Management Act specifies that a tribal seat be required. The Pacific Fishery Management Council consists of the states of California, Washington, Oregon, and Idaho. She argued that those states have no more or less Indian tribal authority than Alaska. Therefore, the State of Alaska should correct the lack of such representation on NPFMC. 6:22:29 PM REPRESENTATIVE HERRON reminded everyone that Chair Thompson will be offering language for a seat for a subsistence user. He then announced that he will be offering an amendment to insert the following language: "an individual nominated by an Alaska Native organization that represents rural subsistence users". He inquired as to Ms. Gillis' thoughts. MS. GILLIS said that the language doesn't "quite measure up" to the [requirements] of the Magnuson-Stevens Fishery Conservation and Management Act, although she felt it was getting closer. 6:23:34 PM RICKY GEASE, Executive Director, Kenai River Sport Fishing Association, said he would relate some of his own personal observations of NPFMC since 2004. He further related that since becoming the executive director of the Kenai River Sport Fishing Association he has participated in the halibut charter stakeholder committee process that developed the halibut moratorium permit program and also participated in the first recreational summit for sport fishing interests presented by NOAA. Three things that came out of the NOAA conference were that it was important for the sport fishing interests to have the Marine Recreation Information Program completed, which provides an accurate tally of harvest and effort data. The other two main issues from the NOAA conference were having balanced representation on councils and a sound basis of economic data such that the allocation issues are understood to the point of allowing the councils to maximize the value from the resources. Currently, there is a lack of economic data on the sport fishing side as well as the subsistence side. While he said he supports HCR 13, he pointed out that NPFMC does have a de facto public seat, as pointed out by Mr. Penney. Furthermore, he opined that it's important to get subsistence voices on NPFMC because its decisions impacts salmon and halibut. Typically, salmon issues are influenced on the Yukon River. He related his observation that in NPFMC there is a divide in the Alaska Native community on NPFMC decisions. There are CDQ groups that are getting vested and becoming very economically productive in Western Alaska. However, that productivity impacts the salmon by-catch issues that impact up- river users on the Yukon River. There is a dynamic tension at NPFMC meetings and the disenchanted group is the up-river subsistence users. In terms of the public, NPFMC member Ed Dersham has been a real plus for halibut issues; and therefore, he opined that it's important to have someone with an understanding of the sport fishing industry on NPFMC. Obviously, NPFMC oversees the largest seafood productivity in North America and Alaska is over 50 percent of all seafood production in North America. Although NPFMC should have the de facto commercial fishing industry seats, sport and subsistence fisheries should also have voices on NPFMC. Mr. Gease opined that ultimately having those [sport and subsistence fishery] voices in the NPFMC process results in better decisions with regard to the allocation of resources. 6:28:01 PM GREG SUTTER, President, Alaska Charter Association, related support for HCR 13. He opined that balanced representation on NPFMC is necessary and [HCR 13] is one way in which to ensure such. He then said he wanted to echo Mr. Gease's sentiments and add that these renewable resources, fish, are the future of Alaska. 6:29:56 PM JOHN "SKY" STARKEY, Attorney, Association of Village Council Presidents, related support for HCR 13. He said he wanted to echo the comments of Ms. Gillis and Mr. Ivanoff and urge the committee to amend the language of HCR 13 that speaks to subsistence. The current language doesn't mean much because under Alaska law, every Alaskan is an eligible subsistence user. In fact, every Alaskan that has sat on NPFMC would satisfy the criteria. Furthermore, there are federally recognized tribes in Alaska, NPFMC is a federal management body, and the Magnuson- Stevens Fishery Conservation and Management Act already recognizes the federally recognized tribes in the Pacific Fisheries Management Council and provides a seat for them. Therefore, it would make sense for that to be followed with NPFMC as well and thus he urged the committee to make the change to NPFMC membership [requirements] to bring it in line with the other councils. 6:32:20 PM REPRESENTATIVE HERRON recalled asking last year why there isn't a subsistence seat on NPFMC to which he was told that the chair of NPFMC is from Dillingham and two other council members are empathetic to the subsistence viewpoint. However, the seats of those members have a singular purpose and efficiency. He asked if Mr. Starkey believes subsistence and sports fishermen should also have a [designated] seat in order to achieve that purpose and efficiency. MR. STARKEY acknowledged that regardless of how one may feel and support subsistence and sport fisheries, it's difficult to wear two hats at once. He further acknowledged that Eric Olson, Chair, NPFMC, has done a remarkable job creating balance, although that isn't always the case and there are instances in which having a representative is important to have as an advocate and voting member. Therefore, he felt that Representative Herron's observations are "on the mark." 6:34:28 PM REPRESENTATIVE HERRON opined that if there was a sport fish seat and a subsistence seat, those seats would also be empathetic to the commercial fishing point of view. 6:35:31 PM REPRESENTATIVE HERRON moved to adopt Amendment A.3, labeled 27- LS0802\A.3, 1/26/12, which read: Page 1, line 3: Delete "a subsistence user" Insert "an individual nominated by an Alaska Native organization that represents rural subsistence users" Page 1, following line 14: Insert new material to read: "WHEREAS the Pacific Fishery Management Council, whose jurisdiction consists of the exclusive economic zone off the coasts of Washington, Oregon, and California, includes a voting member nominated by a federally recognized Native American tribe; and WHEREAS Alaska's Native peoples have the right under federal law to take, for subsistence purposes, fur seals and other marine mammals, sea birds and other migratory waterfowl, and certain species listed under the Endangered Species Act of 1973, all of which are affected by decisions made by the North Pacific Fishery Management Council, yet the federally recognized tribal governments of those peoples are not represented on the council; and" Page 2, lines 16 - 17: Delete "a subsistence user" Insert "an individual nominated by an Alaska Native organization that represents rural subsistence users" 6:36:00 PM REPRESENTATIVE AUSTERMAN said that he has a problem with the first part of Amendment A.3. He clarified his belief that there should be a subsistence user on NPFMC and the committee should encourage the governor to continue to make the same appointment as he has in the past. As a 68-year resident of Alaska who is a subsistence user, he understood [the change per Amendment A.3] would mean that he would not be a possible appointee unless he is named by an Alaska Native organization. Although he said he understood the desire to use a federally recognized tribal government agency as the entity that would make an appointment, at the same time it doesn't allow him [and others similarly situated] to be a potential appointee to NPFMC. 6:37:51 PM REPRESENTATIVE HERRON argued that the amendment does not restrict anyone from being nominated by an Alaska Native organization that represents rural subsistence users. 6:39:05 PM REPRESENTATIVE AUSTERMAN objected to the motion to adopt Amendment A.3. 6:39:18 PM A roll call vote was taken. Representatives Herron, Kawasaki, Miller, and Thompson voted in favor of the adoption of Amendment A.3. Representatives Pruitt and Austerman voted against it. Therefore, A.3 was adopted by a vote of 4:2. 6:41:17 PM REPRESENTATIVE AUSTERMAN moved to report HCR 13, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHCR 13(FSH) was reported from the House Special Committee on Fisheries.