Legislature(2007 - 2008)BUTROVICH 205

03/19/2008 03:30 PM Senate RESOURCES


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Audio Topic
03:38:32 PM Start
03:40:39 PM HJR14
04:13:25 PM Confirmation- Commercial Fisheries Entry Commission (cfec)
04:31:08 PM SB284
05:10:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 284 BOARD OF FISHERIES: MEMBERSHIP TELECONFERENCED
Heard & Held
+ HJR 14 EXXON PLAINTIFFS; H.R. 2419, SEC. 12801 TELECONFERENCED
Moved CSHJR 14(RLS) Out of Committee
+ Confirmation Hearing: TELECONFERENCED
AK Commercial Fisheries Entry Commission
+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Testimony <Time Limit May Be Set> --
             SB 284-BOARD OF FISHERIES: MEMBERSHIP                                                                          
                                                                                                                                
4:31:08 PM                                                                                                                    
CHAIR  HUGGINS  announced SB  284  to  be up  for  consideration.                                                               
Before the committee was CSSB 284 ( ) 25-LS1500\V.                                                                              
                                                                                                                                
SENATOR LYDA GREEN, sponsor of  SB 284, indicated she didn't have                                                               
anything more to add.                                                                                                           
                                                                                                                                
4:31:31 PM                                                                                                                    
DWIGHT  KRAMER,  Chairman,   Kenai  Area  Fisherman's  Coalition,                                                               
opposed SB 284. They didn't  support it because it dictates Board                                                               
of Fisheries seat  requirements for select user  groups and takes                                                               
away the  governor's flexibility  to fill  seats as  necessary to                                                               
maintain  balance between  user  groups  and diverse  demographic                                                               
areas  throughout the  state.  He said  the  need for  regulatory                                                               
changes in the state's personal  use fisheries have been minimal.                                                               
The Kenai  and Kasilof  Rivers provide  the largest  personal use                                                               
fishery opportunity in the state and  the board has made very few                                                               
changes to the regulations in this fishery.                                                                                     
                                                                                                                                
4:34:21 PM                                                                                                                    
GERRY MERRIGAN, representing himself  from Petersburg, opposed SB
284. He  said he had  been attending Board of  Fisheries meetings                                                               
on an off for the last  20 years for Southeast and statewide crab                                                               
and Bering  Sea issues. If  you look  at the volume  of proposals                                                               
the board goes  through, you get a healthy respect  for what they                                                               
do.                                                                                                                             
                                                                                                                                
He  opposed SB  284 because  it designates  seats by  sectors and                                                               
limits family  affiliation and what  family members can do  for a                                                               
living. Both are very impractical.  He explained that the pool of                                                               
knowledgeable  good people  who are  willing to  do this  job and                                                               
make  the  necessary  time  commitment   and  fill  out  the  new                                                               
financial disclosure  forms is small; this  legislation will make                                                               
that pool even smaller. If the goal  is to have a fair board that                                                               
follows a  good public  process and uses  the best  science, this                                                               
legislation doesn't do  it. Designating seats to  sectors will do                                                               
just  the opposite.  The  result  will be  members  that will  be                                                               
entrenched and  represent just  their sector  and not  the public                                                               
interest at large.                                                                                                              
                                                                                                                                
MR.  MERRIGAN said  the issues  before the  board are  related 70                                                               
percent to commercial use, 20  percent sport and personal use and                                                               
5  percent   subsistence  and  probably  5   percent  related  to                                                               
allocation  issues. Unfortunately,  the 5  percent of  allocation                                                               
issues gets all the attention. He  asked the committee to look at                                                               
the  entire volume  of board  decisions over  multiple cycles  of                                                               
addressing  the  same  issues.   This  legislation  seems  to  be                                                               
responding to  one event at one  time that is no  doubt important                                                               
to  those constituents.  But the  legislation proposes  to fix  a                                                               
system that  is not  broken and  uses a sledge  hammer to  do it.                                                               
Some people think the process is  fair if they just got what they                                                               
wanted,  but it's  really and  issue  of whether  the public  can                                                               
provide input  along with  the ADF&G and  the Department  of Law.                                                               
The  board members  can then  make  a decision  weighing all  the                                                               
factors.                                                                                                                        
                                                                                                                                
CHAIR HUGGINS asked what might improve the board's performance.                                                                 
                                                                                                                                
MR.  MERRIGAN  replied to  get  good  people  on it  because  the                                                               
current members are getting worn  out. Sometimes people - just to                                                               
make a point -  will put in the same proposals  to create a paper                                                               
trail. So,  while he didn't  want to  deny the public  access, he                                                               
thought coming  up with  a way  to eliminate  duplicate proposals                                                               
and ones  that are already  in regulation would be  worth looking                                                               
into. In terms  of going for fair and balanced,  you have to step                                                               
back and look at  it over a longer period of time  and try to not                                                               
react to a single issue at a single meeting.                                                                                    
                                                                                                                                
4:40:02 PM                                                                                                                    
SENATOR   GREEN  observed   that  a   de  facto   appointment  by                                                               
designation of user groups is  already practiced; this would just                                                               
admit what is being done and clearly define it.                                                                                 
                                                                                                                                
MR. MERRIGAN  said while  there are no  designated seats  and you                                                               
want  good people,  he  thought  they had  always  tried to  keep                                                               
Alaska's  regions represented.  The issues  are very  complicated                                                               
region to region.                                                                                                               
                                                                                                                                
SENATOR GREEN agreed.                                                                                                           
                                                                                                                                
SENATOR  WAGONER  commented  for   people  who  hadn't  tried  to                                                               
actually find  qualified people  to serve on  the board  and then                                                               
tried to talk them into serving  that a very small pool of people                                                               
is available and they do it for the fish and not the user group.                                                                
                                                                                                                                
4:44:28 PM                                                                                                                    
SENATOR  WAGONER wanted  to dispel  the notion  that some  people                                                               
have about  the number  Cook Inlet fishermen  who have  served on                                                               
the board  and said in  fact, not one has  been on the  board for                                                               
the  last 35  years -  and  the biggest  controversy every  three                                                               
years  is  Cook Inlet.  It's  not  a matter  of  commercial/sport                                                               
representation; it's a matter of fairness.                                                                                      
                                                                                                                                
CHAIR HUGGINS said that's a debatable subject.                                                                                  
                                                                                                                                
4:45:24 PM                                                                                                                    
LEROY CABANA,  representing himself  from Homer,  said he  owns a                                                               
seine boat, but he sport and  personal fishes, too. He opposed SB
284. He said he is a  lifelong Alaskan person and is offended and                                                               
outraged to  be singled  out as  a commercial  user when  he does                                                               
them all.                                                                                                                       
                                                                                                                                
CHAIR HUGGINS asked if he goes to Board of Fisheries meetings.                                                                  
                                                                                                                                
MR.  CABANA answered  yes and  added that  years of  high emotion                                                               
means nasty as usual.                                                                                                           
                                                                                                                                
SENATOR STEVENS  asked if  he thought  Mr. Merrigan's  summary if                                                               
the spread of issues was correct.                                                                                               
                                                                                                                                
4:51:05 PM                                                                                                                    
MR. CABANA answered  yes. Most of the stuff the  board deals with                                                               
provides good  management. He agreed  that the members  must have                                                               
broad experience.                                                                                                               
                                                                                                                                
CHAIR HUGGINS asked how he would improve the process.                                                                           
                                                                                                                                
MR. CABANA  answered he  thought the  board process  had improved                                                               
except for  the Susitna  Valley problems.  The vetting  of people                                                               
who are serving on the board is better.                                                                                         
                                                                                                                                
4:53:21 PM                                                                                                                    
CHAIR  HUGGINS  asked  when  he  sees the  major  change  in  the                                                               
demographics  that are  projected  to be  even  more major  going                                                               
forward, does that  cause him to think the board  needs to change                                                               
how the resource is viewed.                                                                                                     
                                                                                                                                
MR.  CABANA  replied  that the  management  of  the  Southcentral                                                               
resources are  going to  be under  continuous pressure  just like                                                               
they are in the Lower 48  and the voters would eventually prevail                                                               
as far  as establishing a  larger percentage of the  harvest. The                                                               
argument is  about why  the fish  aren't there  and restructuring                                                               
the board won't fix that.                                                                                                       
                                                                                                                                
4:54:41 PM at ease 4:56:19 PM                                                                                               
                                                                                                                                
WADE  WILLIS,  representing  himself   from  Anchorage,  said  he                                                               
subsists on the  Copper River; he has a degree  in marine biology                                                               
and  has submitted  several proposals  and supported  SB 284.  It                                                               
will insure  that the  board has diversity  among user  groups by                                                               
making sure they are fairly represented.                                                                                        
                                                                                                                                
4:59:34 PM                                                                                                                    
ROD ARNO,  Executive Director,  Alaska Outdoor  Council, strongly                                                               
supported SB 284.                                                                                                               
                                                                                                                                
5:02:29 PM                                                                                                                    
PAUL  SHADURA, Executive  Director,  Kenai Peninsula  Fishermen's                                                               
Association,  opposed SB  284  and said  this  measure would  not                                                               
encourage diverse views and promote  the ability to negotiate. He                                                               
pointed out that  the statute also says board  members should not                                                               
be appointed with regard to geographic location or user group.                                                                  
                                                                                                                                
5:05:22 PM                                                                                                                    
YAKOV REUTOV,  K-Bay Fisherman's Association from  Homer, opposed                                                               
SB 284.  The Board  Of Fisheries should  make decisions  based on                                                               
sound biological data,  not on an agenda. Besides  this bill only                                                               
provides for  two members to  represent commercial  fishermen and                                                               
that  wasn't   fair  either.  From  his   experience,  commercial                                                               
fishermen  are the  most conservation  minded  of people  because                                                               
they want  to have enough  fish for  everybody. They will  be the                                                               
first  to support  the biologists  and fisheries  experts in  all                                                               
areas. This is  just another blatant disregard by  the sport fish                                                               
industry for the Board of Fisheries process.                                                                                    
                                                                                                                                
CHAIR HUGGINS  noted that he  is a  sport fisherman and  that the                                                               
bill  provides for  only two  sport  fishermen, as  well. So,  it                                                               
would be equal by design.                                                                                                       
                                                                                                                                
5:07:11 PM                                                                                                                    
JESSIE NELSON,  representing herself  from Homer, opposed  SB 284                                                               
saying the  board makes  rules for fishermen  all over  the state                                                               
for all gear  types and a multitude of species  and experience is                                                               
vital. She said  she is a commercial and sport  fisherman as most                                                               
commercial   fishermen  are.   She   said  commercial   fishermen                                                               
understand the  intricacies of  gear and the  rules more  so than                                                               
sport fishermen. Most sport  fishermen think commercial fishermen                                                               
are bad and  their livelihoods should be taken away.  To put five                                                               
sport  personal use  members and  two commercial  members on  the                                                               
board in this context is just plain wrong she said.                                                                             
                                                                                                                                
5:09:20 PM                                                                                                                    
SENATOR STEVENS remarked  that he was concerned  about the amount                                                               
of activity the  board has that affects  commercial fisheries and                                                               
the limited numbers of commercial  fishermen who would be allowed                                                               
to serve on it.                                                                                                                 
                                                                                                                                
CHAIR HUGGINS held SB 284 and commented that the more the                                                                       
membership gravitates toward user groups, the more self                                                                         
defeating the process becomes.                                                                                                  

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