Legislature(2013 - 2014)CAPITOL 120

03/19/2013 10:00 AM House FISHERIES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 143 COMMERCIAL FISHING CREWMEMBER LICENSES TELECONFERENCED
Moved CSHB 143(FSH) Out of Committee
*+ HR 6 CHINOOK BYCATCH LIMITS TELECONFERENCED
Heard & Held
+= HB 49 CHINOOK RESEARCH & RESTORATION ENDOWMENT TELECONFERENCED
Moved CSHB 49(FSH) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HR 6-CHINOOK BYCATCH LIMITS                                                                               
                                                                                                                                
10:26:21 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON announced that  the final order of business                                                               
would  be  HOUSE RESOLUTION  NO.  6,  Requesting that  the  North                                                               
Pacific  Fishery Management  Council  take action  to reduce  the                                                               
quantity  of Chinook  salmon bycatch  in the  Gulf of  Alaska and                                                               
Bering Sea trawl  fisheries by setting new limits in  the Gulf of                                                               
Alaska trawl  fisheries and lowering  the existing limits  in the                                                               
Gulf of Alaska and Bering Sea  pollock fisheries to at least half                                                               
of the current limits.                                                                                                          
                                                                                                                                
10:26:43 AM                                                                                                                   
                                                                                                                                
LOUIE FLORA,  Staff to Representative  Paul Seaton,  Alaska State                                                               
Legislature,  presented HR  6  stressing that  the  need for  the                                                               
resolution  is due  to the  overall shortfalls  being experienced                                                               
among  Chinook  stocks throughout  the  state.   A  known,  major                                                               
factor in  low stock returns  is Chinook mortality, which  is due                                                               
to bycatch  during the pollock  and non-pollock  trawl fisheries.                                                               
The resolution asks the North  Pacific Fishery Management Council                                                               
(NPFMC)  to lower  the existing  bycatch  limits in  the Gulf  of                                                               
Alaska and Bering  Sea pollock fisheries to at  least one-half of                                                               
the current limits, and to  address the non-pollock trawl fishery                                                               
in  the  Gulf  of  Alaska.     He  stated  his  belief  that  the                                                               
commissioner of the Alaska Department  of Fish & Game (ADF&G) has                                                               
recently submitted  a motion to NPFMC,  requesting council action                                                               
on non-pollock trawl bycatch.                                                                                                   
                                                                                                                                
                                                                                                                                
MR. FLORA  reviewed the language  in the resolution  to highlight                                                               
the  concerns  encompassed  by   the  whereas  statements,  which                                                               
include  the  importance of  Chinook  salmon  to the  state,  the                                                               
economic implications  of depleted  stocks, and the  closures and                                                               
restrictions that  ADF&G has had  to impose on  various fisheries                                                               
due to the lack of  Chinook returns/escapement.  He then directed                                                               
attention to page  2, lines 13-28, and  paraphrased the language,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     WHEREAS  Chinook   salmon  bycatch  is  a   direct  and                                                                    
     controllable   source   of  mortality   for   extremely                                                                    
     valuable  and  declining  salmon  runs  throughout  the                                                                    
     state; and                                                                                                                 
                                                                                                                                
     WHEREAS the  Chinook salmon bycatch  cap in  the Bering                                                                    
     Sea pollock  fishery is  set at  60,000, which  is more                                                                    
     than  the  entire  subsistence  fishery  on  the  Yukon                                                                    
     River; and                                                                                                                 
                                                                                                                                
     WHEREAS   the   Gulf   of  Alaska   bycatch   allowance                                                                    
     represented 20  percent of the 2011  Cook Inlet, Prince                                                                    
     William  Sound, Kodiak,  Chignik, and  Alaska Peninsula                                                                    
     sport,  subsistence,  and   commercial  Chinook  salmon                                                                    
     harvest and will likely  represent a greater percentage                                                                    
     of the 2012 harvest; and                                                                                                   
                                                                                                                                
MR. FLORA  emphasized that the  language is  particularly telling                                                               
and  the first  resolve  requests  the NPFMC  to  take action  to                                                               
reduce bycatch,  establish new limits,  and lower this  number by                                                               
half  in  the  Bering  Sea  and  Gulf  of  Alaska  pollock  trawl                                                               
fisheries.   The  final  resolve requests  NPFMC  to require  100                                                               
percent observer coverage  in the Gulf of  Alaska trawl fisheries                                                               
to  provide  accurate estimates  of  bycatch.   He  finished  the                                                               
review stating that HR 6 will be distributed to the governor and                                                                
all members of the NPFMC.                                                                                                       
                                                                                                                                
10:31:48 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON opened public testimony on HR 6.                                                                                   
                                                                                                                                
10:31:58 AM                                                                                                                   
                                                                                                                                
GEORGE HUTCHINGS, Co-Captain, F/V Elizabeth F, stated opposition                                                                
to HR 6, paraphrasing from a prepared statement, which read                                                                     
[original punctuation provided]:                                                                                                
                                                                                                                                
     We  are  against  the   resolution  to  further  reduce                                                                    
     Chinook  salmon bycatch  at this  time, at  the council                                                                    
     level; in both the Bering  Sea and Gulf of Alaska trawl                                                                    
     fisheries.                                                                                                                 
                                                                                                                                
     In  the upcoming  April council  meeting there  will be                                                                    
     genetic sampling,  river of  origin data  available for                                                                    
     the first time.  We ask  that no decision be made until                                                                    
     this  data  is made  available  and  we have  a  better                                                                    
     understanding  of where  trawl  caught, Chinook  salmon                                                                    
     bycatch are destined to.                                                                                                   
                                                                                                                                
     Please make your decision based  on science rather than                                                                    
     politics.                                                                                                                  
                                                                                                                                
     Furthermore,  any  more  reduction  in  Chinook  salmon                                                                    
     bycatch  in the  Alaskan  trawl fishery  could cause  a                                                                    
     catastrophic  closing of  all Alaskan  trawl fisheries,                                                                    
     damaging all our coastal communities.                                                                                      
                                                                                                                                
10:33:26 AM                                                                                                                   
                                                                                                                                
PATRICK   O'DONNELL,   owner,   F/V  Caravelle,   said   he   was                                                               
representing   himself   and   the  Alaska   Whitefish   Trawlers                                                               
Association, and  stated opposition to  HR 6 paraphrasing  from a                                                               
prepared statement, which read [original punctuation provided]:                                                                 
                                                                                                                                
     The trawl  industry is very concerned  about the health                                                                    
     of  the Chinook  salmon resources  and we  are doing  a                                                                    
     number  of  things  aimed  at doing  a  better  job  of                                                                    
     managing our bycatch.                                                                                                      
                                                                                                                                
     We have been  working within our industry  to develop a                                                                    
     hot-spot   reporting  system   to   alert  vessels   of                                                                    
     potential  areas of  high bycatch.    Vessels that  see                                                                    
     salmon coming on  board, as well as  our processors who                                                                    
     may  see salmon  coming into  the plant  are a  part of                                                                    
     this important process.                                                                                                    
                                                                                                                                
     We  voluntarily self-impose  limits  on  the amount  of                                                                    
     bycatch that any vessel can have.                                                                                          
                                                                                                                                
     We have worked  with industry and the  council and were                                                                    
     successful in having a  scientific program initiated in                                                                    
     the Central Gulf  of Alaska this year.   This "Exempted                                                                    
     Fishing Permit" program will  allow for the development                                                                    
     of  salmon excluder  devices that  can be  shown to  be                                                                    
     effective   in  reducing   salmon   bycatch.     Salmon                                                                    
     excluders  have  been  proven very  successful  in  the                                                                    
     higher-horsepower vessels  in the  Bering Sea  and this                                                                    
     new project  will help modify  that technology  for use                                                                    
     in the lower-horsepower vessels  in the Gulf of Alaska.                                                                    
     This project  is starting  now - this  spring -  and we                                                                    
     hope to  see improvements  in excluder  technology that                                                                    
     can be put in place this year.                                                                                             
                                                                                                                                
     Our  industry   has  partnered  with   National  Marine                                                                    
     Fisheries  Service  in  funding  the  expanded  Chinook                                                                    
     salmon  genetic  research  being  done  at  the  Alaska                                                                    
     Fisheries  Science Center  - Auke  Bay Laboratories  in                                                                    
     Juneau.  This increased  effort is aimed at determining                                                                    
     where these  fish are coming  from and the  most recent                                                                    
     data  shows that  the majority  of  Chinook bycatch  is                                                                    
     coming  from  SE  Alaska,   British  Columbia  and  the                                                                    
     Pacific  Northwest,  with  a predominance  coming  from                                                                    
     hatcheries.   It is  very important  to know  where the                                                                    
     salmon are coming from  before management decisions are                                                                    
     made that  could severely impact the  trawl industry by                                                                    
     putting  unnecessary   restrictions  in  place.     The                                                                    
     concerns  that you  have expressed  in your  resolution                                                                    
     are related  directly to the  health of  Chinook salmon                                                                    
     returns to Cook Inlet  and Western Alaska river systems                                                                    
     and  there  is  no  evidence  to  indicate  that  trawl                                                                    
     bycatch is the  source of those problems.   I encourage                                                                    
     you  to  carefully  consider that  causing  significant                                                                    
     damage  to the  harvesters, processors  and communities                                                                    
     that are  a part of  the groundfish industry  in Alaska                                                                    
     without   any  evidence   that   it   will  result   in                                                                    
     improvements in  the Chinook salmon resource  in Alaska                                                                    
     is a bad idea.                                                                                                             
                                                                                                                                
     At  the next  meeting  of the  North Pacific  Fisheries                                                                    
     Management  Council  meeting   in  Anchorage  beginning                                                                    
     April 1, there will be  an update on the salmon genetic                                                                    
     research  program and  we are  looking  forward to  the                                                                    
     results from that work.                                                                                                    
                                                                                                                                
CHAIR SEATON pointed  out that the resolve on page  3, line 4, of                                                               
the  resolution requests  observer coverage  on all  Alaska trawl                                                               
fisheries, and  asked for the  current rate of  observer coverage                                                               
for the Kodiak trawl fleet.                                                                                                     
                                                                                                                                
MR. O'DONNELL  responded that observer program  coverage is about                                                               
12-15 percent,  with the  goal of  15 percent.   The  program was                                                               
restructured in January of this year.                                                                                           
                                                                                                                                
10:38:04 AM                                                                                                                   
                                                                                                                                
PETER THOMPSON,  commercial fisherman, said  he has lived  in and                                                               
fished  out  of Kodiak  for  over  33  years.   He  informed  the                                                               
committee under  the Sustainable Fisheries, National  Oceanic and                                                               
Atmospheric   Administration  (NOAA)/National   Marine  Fisheries                                                               
Service (NMFS) web site there  is a vessel-specific bycatch file.                                                               
A  review of  the  file  revealed that  many  vessels take  20-30                                                               
Chinook per trip,  and there are some boats with  numbers as high                                                               
as  80 per  trip.   In fact,  one vessel  reported taking  in 243                                                               
Chinook, with  17 observed  hauls, on  a February  16 trip.   One                                                               
week later the  same vessel reported taking 297  Chinook, with 10                                                               
observed hauls.   He said this boat has been  fishing in the Gulf                                                               
of  Alaska  under  the  previous  30  percent  observer  coverage                                                               
requirement, but  in 2013  became a  registered catcher/processer                                                               
(CP)  which  now  requires   100  percent  observation  coverage.                                                               
Additionally, he pointed out, this  vessel is not chasing pollock                                                               
but fishes under  the "W" category for arrowtooth  sole.  Another                                                               
concern  is  the  recent  shift to  corporate  ownership  of  the                                                               
trawlers.   As  an example,  he recounted  a conversation  with a                                                               
friend  and captain  of one  of the  corporate trawlers,  who was                                                               
embarrassed to  share that  a significant  number of  Chinook had                                                               
recently been  taken, and attributed  it to the  corporate owners                                                               
directing where the fishing was to  take place in order to pursue                                                               
larger pollock for  the company, despite the area  being known as                                                               
a Chinook  hot-spot.  Mr. Thompson  said it is important  to take                                                               
under consideration  what occurs  when corporations own  a vessel                                                               
and  rent   a  skipper  with  expectations   that  he  "perform."                                                               
Finally,  he  reported that  as  a  sport troller,  he  routinely                                                               
catches a  Chinook or two  on a  given trip; however,  five trips                                                               
out this winter  have produced zero Chinook and no  strikes.  Mr.                                                               
Thompson  restated  the  procedure  for  researching  bycatch  by                                                               
vessel.                                                                                                                         
                                                                                                                                
CHAIR  SEATON  asked whether  Mr.  Thompson  is saying  that  the                                                               
vessel  fishing  for sole  had  lower  bycatch  when it  was  not                                                               
observed,  and now  has  higher bycatch  numbers  because of  the                                                               
level of observation.                                                                                                           
                                                                                                                                
MR.  THOMPSON  opined  that  the boat  fishing  for  sole  fishes                                                               
continuously for  seven days at  a time, processes  fish onboard,                                                               
and returns  to shore to offload  a final product.   Prior to the                                                               
1/1/13 effective  date for the new  requirements, the observation                                                               
requirement  was the  same as  that  of the  trawl catcher  boats                                                               
because of a federal exemption.   He declined to speculate on why                                                               
the  bycatch numbers  have tripled  for  this particular  vessel.                                                               
Mr. Thompson  urged the committee  to take  note of this  type of                                                               
bycatch  pattern, as  well as  the ease  of access  for obtaining                                                               
information on vessel-specific bycatch.                                                                                         
                                                                                                                                
10:44:09 AM                                                                                                                   
                                                                                                                                
DAVID DAHL said he has been  a Kodiak fisherman for 38 years, the                                                               
last  18 years  as  a trawl  fisherman.   He  paraphrased from  a                                                               
prepared statement, which read [original punctuation provided]:                                                                 
                                                                                                                                
     My concern with the salmon  hard-caps now in place, and                                                                    
     going  further, will  create even  bigger problems  for                                                                    
     the community of Kodiak and  all fishermen who work and                                                                    
     live here.   There is a direct  correlation between the                                                                    
     salmon returns and  the biomass of pollock  in the Gulf                                                                    
     of  Alaska.   We've been  through this  before, in  the                                                                    
     late 80's  early 90's, pollock stocks  were spiking and                                                                    
     the salmon  returns were  the poorest  ever.   The bays                                                                    
     were  full of  pollock feeding  on salmon  fry.   I was                                                                    
     salmon fishing  then, and we  couldn't catch  salmon so                                                                    
     we seined  pollock and  brought them to  town.   Now we                                                                    
     are looking  at an  even larger  biomass of  pollock in                                                                    
     the Gulf  of Alaska.  If  the trawl fleet is  shut down                                                                    
     because  of  the  hard-caps,   millions  of  pounds  of                                                                    
     pollock will not  come over the docks  in Kodiak, which                                                                    
     equals Kodiak workers  out of work for  months, loss of                                                                    
     tax revenue for the city  of Kodiak, not to mention the                                                                    
     devastating  loss  of  salmon  stocks in  the  Gulf  of                                                                    
     Alaska.  The numbers are there.   Do the homework.  See                                                                    
     the correlation.                                                                                                           
                                                                                                                                
MR.  DAHL concluded  that there  is  not a  political answer;  in                                                               
fact, Cook  Inlet is full  of pollock  and the salmon  fry "[are]                                                               
just not  going to  have a  chance."  As  a salmon  fisherman, he                                                               
caught thousands of kings that the  cannery would not buy.  There                                                               
is a  catch of  200,000 to  300,000 king  salmon with  the salmon                                                               
seiners, yet the real problem is  ignored.  In Kodiak, there is a                                                               
return  of about  50,000 to  100,000 king  salmon and  200,000 to                                                               
300,000 are  caught.  Mr.  Dahl urged  for the committee  to find                                                               
out what the real problem is.                                                                                                   
                                                                                                                                
10:47:08 AM                                                                                                                   
                                                                                                                                
CHARLIE FREEBURG, captain, F/V Alaska  Beauty, said he has been a                                                               
resident of  Kodiak since 1991.   He  stated the majority  of the                                                               
bycatch in  the Kodiak  trawl fishery  are jacks,  averaging five                                                               
pounds,  and indications  are that  they are  hatchery fish.   He                                                               
agreed  with  the  intent  to protect  Chinook  salmon,  but  the                                                               
[resolution] is  not based on  science.   He opined the  NPFMC is                                                               
working  out measures  to  limit Chinook  bycatch,  and said  his                                                               
vessel is  involved in  testing the salmon  excluder device.   He                                                               
reported the  current bycatch  rate is less  than one  salmon per                                                               
five tons  of pollock, which is  clean fishing, and the  fleet is                                                               
trying  to  improve that  ratio.    The present  system  prevents                                                               
individual   accountability,  which   makes   it  difficult   for                                                               
individual vessels.   In addition, 100  percent observer coverage                                                               
will  be a  difficult requirement  to meet,  as observers  are in                                                               
high  demand and  are not  always  available.   Finally, he  said                                                               
state  and   federal  management  of  the   Alaska  fisheries  is                                                               
conservative  and   provides  good   abundance.     Mr.  Freeburg                                                               
concluded that HR 6 fails to  provide any solution to the Chinook                                                               
problem.                                                                                                                        
                                                                                                                                
10:51:18 AM                                                                                                                   
                                                                                                                                
DAVE KUBIAK, fisherman,  F/V Mythos, said he has  been a resident                                                               
of Kodiak for 49 years and began  fishing in 1964.  He stated his                                                               
support for  [HR] 6 and said  it represents a first  step for the                                                               
legislature and  the state to  weigh in  on problems.   The state                                                               
has  done a  very good  job  of managing  inshore fisheries,  and                                                               
because  a large  percentage  of the  pollock  harvest is  caught                                                               
within  state  waters,  the state  should  manage  this  fishery.                                                               
Other species are also affected  by bycatch, such Tanner crab and                                                               
halibut.   He agreed that the  trawlers are not to  be blamed for                                                               
changes in the  ocean, but are part of the  equation that impacts                                                               
the  fisheries;  in  fact,  bycatch  of  all  species  should  be                                                               
lowered, he said.  It is  important for Alaska to actively manage                                                               
its fisheries,  and he  has observed that  some states  no longer                                                               
have viable fisheries.  He expressed support for the 100 percent                                                                
observer coverage requirement and said all bycatch should be                                                                    
brought to shore, as is done in Europe.                                                                                         
                                                                                                                                
10:53:50 AM                                                                                                                   
                                                                                                                                
THERESA PETERSON, fisherman, F/V Patricia Sue, said she was                                                                     
speaking for herself and paraphrased from a prepared statement,                                                                 
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     I've been  living and commercial fishing  out of Kodiak                                                                    
     with my family  for over 25 years.  We  are involved in                                                                    
     the Tanner crab, cod, halibut  and salmon fisheries; my                                                                    
     husband and I, as setnetters,  and now our son runs the                                                                    
     boat seining around the island.   We are dependent upon                                                                    
     healthy fishery resources for  our livelihoods and have                                                                    
     weathered  many  ups  and  downs   over  the  years  as                                                                    
     abundance  levels wax  and wane.   We  fish within  the                                                                    
     limits in Alaska and as a  result we still have fish to                                                                    
     catch.                                                                                                                     
                                                                                                                                
     During times  of low returns  of species  like Chinook,                                                                    
     it is incumbent upon  fishery managers to be responsive                                                                    
     and reduce  fishing mortality to  provide for  the long                                                                    
     term health of  the resource.  State  action to protect                                                                    
     Chinook  runs is  swift.   Emergency  Orders shut  down                                                                    
     fisheries immediately  in times  of low returns  as the                                                                    
     Cook Inlet  setnetters experienced last summer.   It is                                                                    
     painful, and the economic losses  are enormous, but the                                                                    
     long-term  health  of  the  Chinook  salmon  must  come                                                                    
     first.                                                                                                                     
                                                                                                                                
     Action  to reduce  mortality of  Chinook salmon  in the                                                                    
     federal  arena  is a  much  slower  process and  it  is                                                                    
     critical   that  the   NPFMC   hear   from  our   State                                                                    
     legislatures that federal  council action must continue                                                                    
     to implement  management measures to reduce  bycatch of                                                                    
     Chinook   salmon  and   improve  data   with  increased                                                                    
     observer coverage.                                                                                                         
                                                                                                                                
     Alaska   is   respected   worldwide   for   sustainable                                                                    
     fisheries and as State  representatives I encourage you                                                                    
     to support  HR 6 and send  a message to the  NPFMC that                                                                    
     bycatch of  our iconic  Chinook salmon must  be reduced                                                                    
     in federal fisheries.                                                                                                      
                                                                                                                                
10:55:58 AM                                                                                                                   
                                                                                                                                
ART  NELSON,   Director  of  Policy  and   Outreach,  Bering  Sea                                                               
Fishermen's  Association, stated  support for  HR 6  and reminded                                                               
the committee NPFMC adopted Bering  Sea measures in 2008, but the                                                               
regulations  were  not  implemented  until  2010.    Since  then,                                                               
Chinook  salmon  stocks  in  western  Alaska  have  continued  to                                                               
seriously decline.   The  Board of  Fisheries (BOF),  ADF&G, sets                                                               
amounts necessary for  subsistence needs of all  stocks of salmon                                                               
that  have subsistence  use;  for the  Yukon  River, the  minimum                                                               
amount necessary  for subsistence  has not been  met in  the last                                                               
five years.  On the Kuskokwim  River, the minimum amount has been                                                               
missed for  the last two  years by a  large percentage.   At this                                                               
point in  time, any  Chinook bycatch  is affecting  spawning beds                                                               
and fish  racks, and although  bycatch is not the  whole problem,                                                               
BOF is  in the process  of further  action.  He  restated support                                                               
for the  resolution and stressed  the importance for  everyone to                                                               
petition the commissioner, as one  of the six voting members from                                                               
Alaska, to urge her support.                                                                                                    
                                                                                                                                
10:58:45 AM                                                                                                                   
                                                                                                                                
PETE  WEDIN,   speaking  for  himself   and  the   Alaska  Marine                                                               
Conservation Council  (AMCC), said  much of his  fishing business                                                               
in  Homer  relies on  Chinook  salmon.    He paraphrased  from  a                                                               
prepared statement, which read [original punctuation provided]:                                                                 
                                                                                                                                
     This morning  I am representing an  organization that I                                                                    
     have  belonged  to  since  1995.    The  Alaska  Marine                                                                    
     Conservation Council is a  family of seafood harvesters                                                                    
     from  all over  Alaska and  is dedicated  to protecting                                                                    
     the long-term health of  Alaska's oceans and sustaining                                                                    
     the  working waterfronts  of  our coastal  communities.                                                                    
     Our members include  fishermen, subsistence harvesters,                                                                    
     marine   scientists,   small   business   owners,   and                                                                    
     families.   Our  ways  of life,  livelihoods and  local                                                                    
     economies  depend on  productive  oceans.   We  believe                                                                    
     that  coastal  residents  have a  valuable  and  unique                                                                    
     perspective on the marine ecosystem  and have the right                                                                    
     to   meaningful   and  influential   participation   in                                                                    
     decisions.                                                                                                                 
                                                                                                                                
     The  Gulf  of  Alaska   non-pollock  trawl  fishery  is                                                                    
     operating  without a  cap  on  Chinook salmon  bycatch.                                                                    
     The  North   Pacific  Fishery  Management   Council  is                                                                    
     working  on   a  motion  to  address   this  management                                                                    
     deficiency.  There is a  range of alternatives included                                                                    
     in the  motion and  two of the  elements that  we think                                                                    
     are important are  full retention of PSC  and a Chinook                                                                    
     cap  of 5,000  fish.   This alternative  represents the                                                                    
     only  choice  for  a meaningful  reduction  in  Chinook                                                                    
     bycatch.  When the council  placed a cap on the pollock                                                                    
     fishery in  the gulf, after  a high Chinook  bycatch of                                                                    
     54,000 kings  in 2010 the  cap was set higher  than the                                                                    
     10-year average.   This is not  a meaningful reduction,                                                                    
     but at least it prevents  the waste of more than 25,000                                                                    
     Chinook.   We do  not know the  proportions, but  we do                                                                    
     know  that they  are catching  salmon from  rivers that                                                                    
     flow into  the Gulf  of Alaska.   Some of  these rivers                                                                    
     include  those   in  your  district  like   the  Kenai,                                                                    
     Kasilof,  Ninilchik, Susitna,  Karluk  and many  others                                                                    
     around the Gulf.                                                                                                           
                                                                                                                                
     As you are aware, there  are many rivers that ADF&G has                                                                    
     listed as "stocks of concern"  both in the Gulf and the                                                                    
     Bering Sea.  In  2012, both commercial and recreational                                                                    
     fishermen  faced  severe  closure due  to  low  Chinook                                                                    
     returns.   By capping  the non-pollock  trawl fisheries                                                                    
     in the  Gulf of Alaska  to 5,000 Chinook we  are asking                                                                    
     the fleet to  join us in protecting salmon  stocks.  We                                                                    
     do  not believe  that this  bycatch of  Chinook is  the                                                                    
     answer to  all the  problems facing  this stock  but we                                                                    
     know  that this  is  something we  can  and should  do.                                                                    
     Looking  at  the  charts  of  catch  vs.  bycatch  from                                                                    
     various targeted fisheries and  various vessels we find                                                                    
     that some are  fishing cleaner than others.   Given the                                                                    
     present  race  for  fish  it  seems  that  we  will  be                                                                    
     rewarding those that have the  highest bycatch with the                                                                    
     most quota.                                                                                                                
                                                                                                                                
     The discussion  has begun  in the  Council to  pursue a                                                                    
     Catch   Share   Program   for  the   Gulf   of   Alaska                                                                    
     Groundfisheries.   This  is the  "tool" that  the trawl                                                                    
     industry says  is essential to bycatch  reductions.  We                                                                    
     must  recognize the  shortcoming of  past programs  and                                                                    
     commit  to doing  things differently  this  time.   All                                                                    
     impacted community  members should have  an opportunity                                                                    
     to provide  meaningful input.   AMCC  strongly supports                                                                    
     HR 6  that includes  the principles that  will maintain                                                                    
     healthy fisheries  and robust  waterfronts in  the Gulf                                                                    
     of Alaska, and the Bering Sea coastal communities.                                                                         
                                                                                                                                
11:02:42 AM                                                                                                                   
                                                                                                                                
MYRON  P. NANENG  Sr., president  of the  Association of  Village                                                               
Council   Presidents   (AVCP),   informed  the   committee   AVCP                                                               
represents 56 villages  on the Yukon-Kuskokwim Delta.   He stated                                                               
his organization's support for HR 6  and said it needs to go even                                                               
further.   In 2007 the  Bering Sea trawl  fleet had a  bycatch of                                                               
127,000, based  on industry incentives  for avoidance  of Chinook                                                               
salmon.    In  2009,  the  NPFMC, under  a  motion  made  by  the                                                               
commissioner of ADF&G, imposed a  Chinook bycatch limit of 60,000                                                               
for the  Bering Sea  trawl fleet.   Following that  motion, ADF&G                                                               
informed the people  on the Yukon River that  their harvest would                                                               
need to  be reduced,  due to  a lack of  returning Chinook.   Mr.                                                               
Naneng advised  that subsistence fishermen have  sacrificed since                                                               
the  1990s  to   help  rebuild  Chinook  stocks.     Today,  both                                                               
subsistence  and commercial  fisheries are  closed on  the Yukon,                                                               
including  chum  salmon,  to  comply  with  the  Canadian  treaty                                                               
obligations  and with  escapement.   Prior to  these restrictions                                                               
and closures, an economic fishery  worth over $10 million existed                                                               
on the  lower Yukon  River.  The  Kuskokwim River  villagers have                                                               
been cited  for taking subsistence  fish, even though there  is a                                                               
high bycatch rate of 60,000, and  it is not fair to villagers who                                                               
rely  on salmon  for food.   In  fact, subsistence-caught  salmon                                                               
helps villagers  survive through the  winter because of  the high                                                               
prices of  food and energy  in the Bush.   He posed  a rhetorical                                                               
question:  Does  the committee want to  provide opportunities for                                                               
the operation of  trawl fisheries at the expense  of the citizens                                                               
of  Alaska who  live in  the  river systems?   He  urged for  the                                                               
administration to file a lawsuit  to reduce the bycatch rate from                                                               
the current  limits.   Mr. Naneng equated  the limits  imposed on                                                               
the  villagers   by  state  government  and   the  North  Pacific                                                               
Fisheries Management  Council to that  of federal intrusion.   He                                                               
said, "We  need to  correct that,  on behalf  of the  citizens of                                                               
Alaska  who  live  in  the   river  systems  who  are  now  being                                                               
criminalized  by the  system  that  we thought  was  going to  be                                                               
protecting us."  He suggested  that the committee consider adding                                                               
another resolve in HR 6 to read:                                                                                                
                                                                                                                                
     BE  IT  FURTHER  RESOLVED  that if  the  North  Pacific                                                                    
     Fishery   Management   Council   fails  to   take   any                                                                    
     significant  action in  a timely  manner  the State  of                                                                    
     Alaska  Department   of  Law  is  encouraged   to  file                                                                    
     litigation  on behalf  of the  citizens  of Alaska  who                                                                    
     depend upon this resource as  a critical source of food                                                                    
     for subsistence and recreation.                                                                                            
                                                                                                                                
MR.  NANENG noted  that the  State of  Alaska has  filed lawsuits                                                               
regarding Beluga whale, sea lion,  polar bear, and voting rights.                                                               
"The basic  needs of our  people, their  need for food,"  he said                                                               
requires a lawsuit.                                                                                                             
                                                                                                                                
11:09:34 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 11:09 a.m. to 11:10 a.m.                                                                     
                                                                                                                                
11:10:23 AM                                                                                                                   
                                                                                                                                
BECCA  ROBBINS  GISCLAIR, Policy  Director  for  the Yukon  River                                                               
Drainage  Fisheries Association  (YRDFA), informed  the committee                                                               
YRDFA is  an association of subsistence  and commercial fisherman                                                               
from all  along the Yukon River  in Alaska.  Her  association has                                                               
been  attempting to  reduce  Chinook bycatch  in  the Bering  Sea                                                               
since the  early 1990s.   She provided a  PowerPoint presentation                                                               
entitled   "Salmon  Bycatch   in   the   Bering  Sea   Groundfish                                                               
Fisheries,"  and  pointed  out  that in  reaction  to  spikes  in                                                               
Chinook bycatch  numbers such as  the one that occurred  in 2007,                                                               
NPFMC took  action for the reduction  of bycatch [slide 2].   She                                                               
stated YRDFA is in support of  HR 6 because action before another                                                               
spike occurs  is appropriate.   From  a Yukon  River perspective,                                                               
there is great concern about  bycatch from the Bering Sea because                                                               
genetic  identification  of stock  from  the  Bering Sea  pollock                                                               
fishery is  available; in fact,  scale pattern analysis  began in                                                               
the  1990s and  improved methods  were implemented  in 2010.   In                                                               
2009, 2005-2007 genetic stock composition  data was used by NPFMC                                                               
to set  a cap on  bycatch in the pollock  fishery.  At  that time                                                               
about 54 percent of bycatch  was from Western Alaska stock; since                                                               
then,  results from  2010 indicate  73 percent  was from  Western                                                               
Alaska  stock, with  20  percent  of that  from  the Upper  Yukon                                                               
[slide  3].   Ms. Gisclair  said this  indicates the  impacts may                                                               
even be higher than previously thought.                                                                                         
                                                                                                                                
11:14:09 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE FEIGE  inquired as to  whether the change  was due                                                               
to increasing  numbers in  the Middle and  Upper Yukon  stocks or                                                               
decreasing numbers in others.                                                                                                   
                                                                                                                                
MS. GISCLAIR  answered it is not  from an increase in  any of the                                                               
Yukon River stocks, as those have  been in a downward trend since                                                               
2008.   She opined  that what  is caught  in the  pollock fishery                                                               
does not necessarily correlate with  abundance, and is influenced                                                               
by the location being fished.                                                                                                   
                                                                                                                                
REPRESENTATIVE FEIGE asked if different  areas were fished in the                                                               
two years  of study, or  whether the  sample size for  each group                                                               
could have varied.                                                                                                              
                                                                                                                                
MS.  GISCLAIR  explained  that  the  sample  sizes  are  slightly                                                               
different  and  how  the  samples   are  taken  has  varied  from                                                               
opportunistic   to    the   current   system   which    is   more                                                               
representative.   The department studied how  to improve sampling                                                               
methods for more meaningful results.   The data from 2011 forward                                                               
will be from  100 percent observer coverage and  thus superior to                                                               
earlier data.   In response  to Chair Seaton, she  clarified that                                                               
2005-2007 and 2010 data are genetic stock identification.                                                                       
                                                                                                                                
MS. GISCLAIR  continued to describe  the concerns that  exist for                                                               
the  Chinook salmon  stock abundance  in Western  Alaska:   there                                                               
have been disaster  declarations for the Yukon  River since 2008;                                                               
there is no directed commercial  Chinook fishery; and subsistence                                                               
is severely restricted.  The  preliminary numbers for subsistence                                                               
harvest in  2012 show one-half  of the historical  harvest, which                                                               
has a significant  impact on resident's lives and  the culture of                                                               
the  area.   Despite the  restrictions imposed,  escapement goals                                                               
and  Canadian  treaties  are  not  being met  and  runs  are  not                                                               
sustainable [slide 4].                                                                                                          
                                                                                                                                
MS. GISCLAIR directed attention to  the current management in the                                                               
Bering Sea, saying  that under the current  management system, it                                                               
is  possible  that 60,000  Chinook  could  be caught  as  bycatch                                                               
annually,  which  is  "more  than  those runs  can  bear."    Her                                                               
association  recommends a  reduction  in the  current  cap by  at                                                               
least one-half to begin protecting  the runs.  She concluded that                                                               
the in-river reaction to mortality  is keeping food off of tables                                                               
and to be fair a reduction should be made overall [slide 6].                                                                    
                                                                                                                                
11:20:01 AM                                                                                                                   
                                                                                                                                
STEPHANIE  MADSEN, executive  director of  the At-sea  Processors                                                               
Association (APA),  said she  was a  40-year resident  of Alaska.                                                               
Her  association  represents  vessels   that  catch  and  process                                                               
pollock in the Bering Sea, but not  in other areas of the Gulf of                                                               
Alaska.   She  referred to  the 2009  final environmental  impact                                                               
statement (EIS) upon  which was based NPFMC's decision  on how to                                                               
manage  Chinook  salmon bycatch,  and  explained  that the  NPFMC                                                               
decision came from  five alternatives and many  options that were                                                               
developed by workgroups and lengthy  public testimony.  She noted                                                               
that  the cap  called for  in HR  6 was  one of  the alternatives                                                               
presented, but  it was not the  one selected.  In  the Bering Sea                                                               
the incentive  target for  bycatch is an  annual total  of 47,000                                                               
divided  between all  of the  vessels.   The  2013 total  Chinook                                                               
allocation  for over  500,000  metric tons  of  pollock is  about                                                               
13,000.  Last  year, APA vessels caught 2,933  salmon for 500,000                                                               
metric tons  of pollock.   At  the vessel  level, that  amount is                                                               
hundreds of  salmon per  vessel.  Ms.  Madsen cautioned  that the                                                               
committee does  not yet  have the information  that the  NPFMC is                                                               
currently collecting  from surveys that  will reveal the  cost of                                                               
the program  to the pollock  fisherman.  Further,  the resolution                                                               
speaks  only   to  the  in-river  commercial,   subsistence,  and                                                               
recreational  fisheries,  and  does   not  address  its  economic                                                               
hardships on  the people  involved in the  pollock fishery.   She                                                               
pointed out that the vessels will  not stop fishing but will have                                                               
lower   recovery,   and  will   have   to   sacrifice  fuel   and                                                               
productivity.   She returned attention to  the aforementioned EIS                                                               
saying  that  the  systems,  cap  levels,  and  risks  have  been                                                               
analyzed;  in fact,  she reminded  the committee  that this  is a                                                               
federal  fishery   regulated  by  the   Magnuson-Stevens  Fishery                                                               
Conservation   and  Management   Act,  national   standards,  the                                                               
National Environmental Policy Act,  and various executive orders.                                                               
In  addition, except  for genetic  information, there  is no  new                                                               
information  that NPFMC  did not  consider  in its  deliberation.                                                               
Regarding  the  spike in  Chinook  bycatch  in 2007,  Ms.  Madsen                                                               
explained this  was due  to closures that  forced the  vessels to                                                               
fish in areas  where more salmon were located.   She acknowledged                                                               
that the  fishery is very  complex, and it  may not seem  fair to                                                               
Yukon River  residents; however,  the reality  is that  ADF&G gap                                                               
analysis indicates there are other  forces and unknown data.  The                                                               
fleet  is   an  easy,  out-of-state   target,  but   it  provides                                                               
employment benefits to  the state.  She emphasized that  a cap is                                                               
not  as effective  as an  incentive program  because the  state's                                                               
incentive program  requires the  fleet to  reduce its  bycatch at                                                               
all  levels of  abundance  of  salmon and  pollock.   Ms.  Madsen                                                               
assured the  committee that  the trawl  fleet takes  this problem                                                               
seriously  and   deserves  recognition   for  its   efforts,  and                                                               
suggested  that  the  resolution  should  address  the  need  for                                                               
support  for the  industry so  it can  implement further  change.                                                               
She concluded that  the industry will continue to  work to reduce                                                               
salmon bycatch, to support the  food bank program, and to support                                                               
research.                                                                                                                       
                                                                                                                                
11:28:09 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FEIGE  asked what  happens  to  the bycatch  that                                                               
comes aboard.                                                                                                                   
                                                                                                                                
MS.  MADSEN  said all  fish  are  retained  until counted  by  an                                                               
observer.   Qualified fish go  to the SeaShare food  bank program                                                               
in the  Seattle area.   She mentioned that  Community Development                                                               
Quota  (CDQ)  programs are  interested  in  funding SeaShare  and                                                               
bringing the fish to Alaska communities.                                                                                        
                                                                                                                                
REPRESENTATIVE FEIGE surmised the bycatch  fish are bound for the                                                               
Kuskokwim and Yukon  Rivers, and encouraged the fleet  to get the                                                               
fish to those in Alaska who face restrictions on fishing.                                                                       
                                                                                                                                
MS.  MADSEN  advised  that  some  villages,  but  not  all,  have                                                               
expressed interest in receiving fish.                                                                                           
                                                                                                                                
CHAIR  SEATON recognized  the industry  is working  hard; however                                                               
the committee  must respond to  new genetic sampling  analysis in                                                               
state fisheries throughout the state.                                                                                           
                                                                                                                                
MS. MADSEN  urged the committee  to insert whereas  statements to                                                               
acknowledge the efforts of - and  the needs of - the trawl fleet.                                                               
She  opined the  resolution implies  the committee  "know[s] more                                                               
than the council  did when it took  action ... and to  me that is                                                               
not reflective of the conversations  that I hear around the table                                                               
here in this room."                                                                                                             
                                                                                                                                
REPRESENTATIVE GATTIS  asked why some  villages do not  want fish                                                               
products provided to them.                                                                                                      
                                                                                                                                
MS. MADSEN  explained that Chinook  is iconic and  salmon fishing                                                               
and fish camps are a cultural  aspect of the family and lifestyle                                                               
of the  villages, thus  villagers want  the opportunity  to catch                                                               
fish as they always have.                                                                                                       
                                                                                                                                
CHAIR  SEATON  compared  receiving  fish  through  a  program  to                                                               
receiving food stamps.                                                                                                          
                                                                                                                                
11:35:40 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HR 6.                                                                                       
                                                                                                                                
REPRESENTATIVE HERRON directed  attention to page 2,  line 13, of                                                               
the resolution and asked for the definition of "controllable."                                                                  
                                                                                                                                
CHAIR SEATON  responded the term  recognizes that efforts  of the                                                               
industry and  fishermen -  such as salmon  excluders -  can limit                                                               
salmon bycatch somewhat.                                                                                                        
                                                                                                                                
11:37:25 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 11:37 a.m. to 11:38 a.m.                                                                     
                                                                                                                                
11:38:36 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON moved  Conceptual Amendment  1 to  page 2,                                                               
line 15, which read:                                                                                                            
                                                                                                                                
     Whereas,  there  exist   salmon  excluders,  nets  that                                                                    
     maximize  salmon   exclusion,  with  new   designs  and                                                                    
     concepts  coming out  regularly to  reduce Chinook  and                                                                    
     chum salmon bycatch;                                                                                                       
                                                                                                                                
CHAIR SEATON objected for the purpose of discussion.                                                                            
                                                                                                                                
CHAIR  SEATON   removed  his  objection,  and   with  no  further                                                               
objection Conceptual Amendment 1 was adopted.                                                                                   
                                                                                                                                
11:40:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON moved  Conceptual Amendment  2 to  page 3,                                                               
line 7, which read:                                                                                                             
                                                                                                                                
     Be it further resolved to expand the SeaShare program                                                                      
        to deliver more or all of the edible bycatch to                                                                         
     Alaskans and not out of state.                                                                                             
                                                                                                                                
CHAIR SEATON objected for the purpose of discussion.                                                                            
                                                                                                                                
REPRESENTATIVE  HERRON expressed  the intent  to expand  the food                                                               
bank program as broadly as possible.                                                                                            
                                                                                                                                
REPRESENTATIVE FEIGE  said it is  desirable to have  the SeaShare                                                               
program retain  the salmon for  in-state use.  He  suggested that                                                               
if the  bycatch is returned to  Alaskans it may be  excluded from                                                               
the vessels' quota.                                                                                                             
                                                                                                                                
CHAIR SEATON cautioned that exclusion  may increase the amount of                                                               
allowable bycatch in the fishery  and thereby decrease the amount                                                               
of fish for inshore fisheries.  Also, communities may object.                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON  disagreed   with  Representative  Feige's                                                               
suggestion.                                                                                                                     
                                                                                                                                
CHAIR  SEATON  withdrew  his  objection,   and  with  no  further                                                               
objection Conceptual Amendment 2 was adopted.                                                                                   
                                                                                                                                
11:44:04 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHNSON surmised that  if vessels were required to                                                               
freeze  and bring  to shore  everything  that was  caught, as  is                                                               
required in parts  of Europe, it would create  an economic burden                                                               
and be  an incentive to reduce  bycatch.  He suggested  that this                                                               
incentive would  be more  effective than a  bycatch limit.   This                                                               
would also  present an opportunity  for more sampling,  and would                                                               
avoid wasting a resource.  He  stated that he did not support the                                                               
resolution as written.                                                                                                          
                                                                                                                                
CHAIR SEATON  explained that different processing  procedures and                                                               
the size of a vessel  effects whether retention is a disincentive                                                               
or not.   Since requests have been made  for additional "Whereas"                                                               
statements, he  suggested holding HR  6 for the  consideration of                                                               
amendments or additions.                                                                                                        
                                                                                                                                
REPRESENTATIVE  OLSON  expressed  his   interest  in  working  on                                                               
additional language.                                                                                                            
                                                                                                                                
11:51:46 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON  announced that  HR  6  would  be held  and  public                                                               
testimony would not be reopened.                                                                                                

Document Name Date/Time Subjects
HB 143 Sponsor Statement.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
Copy of 7 day crew licenses sold-Res and NonRes.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
Copy of 7-DayCrew_2005-2012_By-LicYr-Name.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
Fish Fund license permit revenue (2).pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
HB143-DFG-DAS-03-08-13.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
HB143-DOLWD-FF-3-8-13.pdf HFSH 3/12/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 143
HB 143 three Dude License Proposals .pdf HFSH 3/19/2013 10:00:00 AM
HB 143
HR6.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
NPFMC Chinook bycatch briefing.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
Dec 13 Alaska Journal of Commerce article on Chinook, Chum bycatch.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
AVCP bycatch letter.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
AVCP bycatch resolution.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
YRDFA bycatch resolution.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
Tanana Chiefs Conference bycatch resolution.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
HB0049A.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 Chinook Research - Sponsor Statement.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 - Chinook Research Sectional Analysis FINAL.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 - BBNA LTR of Support.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 - Chinook Research (Gov's $30M itemized).pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 - Chinook Research Powerpoint.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 BSFA Back Up 2.22.13.pdf HFSH 2/26/2013 10:00:00 AM
HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 Version N.pdf HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 Changes for Version N.pdf HFSH 3/19/2013 10:00:00 AM
HB 49
HB 49 Version N - Map of Public Member Regions.pdf HFSH 3/19/2013 10:00:00 AM
HB 49
HR 6 Chinook Bycatch Sponsor Statement.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
HR 6 Chinook Bycatch Management Timeline.pdf HFSH 3/19/2013 10:00:00 AM
HFSH 3/21/2013 10:00:00 AM
HR 6
HB049-DOR-TRS-02-22-13.pdf HFSH 3/19/2013 10:00:00 AM
HB 49
BSAI Salmon Bycatch Presentation 3.19.2013.pdf HFSH 3/19/2013 10:00:00 AM
HR 6
HB049-DCCED-DCRA-02-22-13.pdf HFSH 3/19/2013 10:00:00 AM
HB 49