Legislature(1995 - 1996)

03/08/1995 05:03 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              HOUSE SPECIAL COMMITTEE ON FISHERIES                             
                         March 8, 1995                                         
                           5:03 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Alan Austerman, Chairman                                       
 Representative Gary Davis                                                     
 Representative Kim Elton                                                      
 Representative Scott Ogan                                                     
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Carl Moses, Vice Chair                                         
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
            Confirmation Hearing for Frank Rue, Commissioner                   
            Designee, Alaska Department of Fish and Game.                      
                                                                               
            CONFIRMATION ADVANCED                                              
                                                                               
 HJR 23:    Relating to the Western Alaska Community Development               
            Quota Program and the North Pacific Fishery Management             
            Council Comprehensive Rationalization Program.                     
                                                                               
            PASSED OUT OF COMMITTEE                                            
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 FRANK RUE, Commissioner Designee                                              
 Alaska Department of Fish and Game                                            
 Post Office Box 25526                                                         
 Juneau, Alaska 99811                                                          
 Telephone:  465-4100                                                          
 POSITION STATEMENT:  Presented brief statement and resume                     
                                                                               
 GORDON JENSEN                                                                 
 Post Office Box 264                                                           
 Petersburg, Alaska 99833                                                      
 Telephone:  772-4705                                                          
 POSITION STATEMENT:  Supported Frank Rue's confirmation                       
                                                                               
 DALE BONDURANT                                                                
 HC 1, Box 1197                                                                
 Soldotna, Alaska 99669                                                        
 Telephone:  262-0818                                                          
 POSITION STATEMENT:  Expressed Concerns about Frank Rue's                     
                      confirmation                                             
                                                                               
 BEN ELLIS, Executive Director                                                 
 Kenai River Sport Fishing                                                     
 Post Office Box 1228                                                          
 Soldotna, Alaska 99669                                                        
 Telephone:  262-8588                                                          
 POSITION STATEMENT:  Supported Frank Rue's confirmation                       
                                                                               
 AL FRANZMANN                                                                  
 Post Office Box 666                                                           
 Soldotna, Alaska 99669                                                        
 Telephone:  262-4107                                                          
 POSITION STATEMENT:  Expressed Concerns about Frank Rue's                     
                      confirmation                                             
                                                                               
 STOSH ANDERSON                                                                
 Post Office Box 310                                                           
 Kodiak, Alaska 99615                                                          
 Telephone:  486-3673                                                          
 POSITION STATEMENT:  Supported Frank Rue's confirmation                       
                                                                               
 OLIVER HOLMES                                                                 
 Area K Seiners Association                                                    
 Post Office Box 3865                                                          
 Kodiak, Alaska 99615                                                          
 Telephone:  486-6957                                                          
 POSITION STATEMENT:  Supported Frank Rue's confirmation                       
                                                                               
 LARRY MALLOY, Executive Director                                              
 Kodiak Regional Aquaculture Association                                       
 Post Office Box 2407                                                          
 Kodiak, Alaska 99615                                                          
 Telephone:  486-6555                                                          
 POSITION STATEMENT:  Supported Frank Rue's confirmation                       
                                                                               
 KRIS NOROSZ, Executive Director                                               
 Petersburg Vessel Owners Association                                          
 Post Office Box 232                                                           
 Petersburg, Alaska 99833                                                      
 Telephone:  772-9323                                                          
 POSITION STATEMENT:  Supported Frank Rue's confirmation                       
                                                                               
 DEAN PADDOCK                                                                  
 Bristol Bay Driftnetters Association                                          
 Post Office Box 21951                                                         
 Juneau, Alaska 99802                                                          
 Telephone:  463-4970                                                          
 POSITION STATEMENT:  Supported Frank Rue's confirmation                       
                                                                               
 JOHN WALSH, Aide                                                              
 Representative Richard Foster                                                 
 State Capitol, Room 410                                                       
 Juneau, Alaska 99801                                                          
 Telephone:  465-3789                                                          
 POSITION STATEMENT:  Provided sponsor statement for HJR 23                    
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HJR 23                                                               
 SHORT TITLE: COMMUNITY DEVELOPMENT FISHING QUOTAS                             
 SPONSOR(S): REPRESENTATIVE(S) AUSTERMAN,Ivan,Foster,Finkelstein               
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 01/25/95       129    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/25/95       129    (H)   FSH, L&C                                          
 01/30/95       180    (H)   COSPONSOR(S): FINKELSTEIN                         
 02/08/95              (H)   FSH AT 05:00 PM CAPITOL 124                       
 02/08/95              (H)   MINUTE(FSH)                                       
 03/08/95              (H)   FSH AT 05:00 PM CAPITOL 124                       
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 95-16, SIDE A                                                            
 Number 000                                                                    
                                                                               
 The House Special Committee on Fisheries was called to order by               
 Chairman Alan Austerman at 5:03 p.m.  Members present at the call             
 to order were Representatives Austerman, Elton and Ogan.  The                 
 meeting was on teleconference with Kodiak, Kenai/Soldotna and                 
 Petersburg.                                                                   
                                                                             
 Number 036                                                                    
                                                                               
 HFSH - 03/08/95                                                               
 CONFIRMATION HEARING - ADF&G COMMISSIONER DESIGNEE, FRANK RUE             
                                                                               
 FRANK RUE, Commissioner Designee, Alaska Department of Fish and               
 Game (ADF&G), gave an opening statement.  Mr. Rue conveyed his deep           
 caring and belief in the mission of ADF&G.  The main mission of the           
 ADF&G, he stated is, "To leave the resource in better shape, than             
 it was when we found it, and make sure it's available for people to           
 use and enjoy."  He indicated that he has been with the department            
 for about seven years as the Director of Habitat.                             
                                                                               
 He emphasized, "One of the strengths I think I bring to the job is            
 my management style.  My ability to work with people, both within             
 the department, as well as various interests and outside the                  
 department."  He went on to note that a fundamental part of                   
 management is respecting the views of other people.  He asserted,             
 "Part of respecting people's view is listening, because you don't             
 always have the idea, the only idea, the only solution.  And that             
 is something I will continue to do as commissioner; listen to the             
 staff, listen to the people of Alaska who care about these                    
 resources and use them."  He further avowed, "I believe it's                  
 critical that the department bring both to the legislature and the            
 public, the best information we can."                                         
                                                                               
 Number 136                                                                    
                                                                               
 CHAIRMAN AUSTERMAN indicated that some concerns have been raised to           
 him, that Mr. Rue might have a tendency towards habitat protection,           
 rather than allowing other resources to be developed, as some                 
 people would like to see.                                                     
                                                                               
 MR. RUE responded that he certainly couldn't guarantee that he                
 would agree with everyone on how the resources should be                      
 development within the state.  He added, "I believe that what we              
 want to achieve in Alaska, is a balance among our resources."  He             
 felt that the Division of Habitat has not stood in the way of                 
 resource development.                                                         
                                                                               
 MR. RUE emphasized, "If the ADF&G raises a concern, we ought to be            
 very clear about the level of our concern and the basis for our               
 concern."   He further commented, "I'm not against development, but           
 I would like to see it happen in a way that maintains other                   
 resources."                                                                   
                                                                               
 Number 202                                                                    
                                                                               
 REPRESENTATIVE KIM ELTON commented that some of the more difficult            
 decisions that government has, deals with balancing the needs of              
 different resource industries.  He added that Mr. Rue, by working             
 with three different Administrations, has demonstrated an ability             
 to work with people.                                                          
                                                                               
 Number 230                                                                    
                                                                               
 GORDON JENSEN testified via teleconference from Petersburg,                   
 strongly supporting Mr. Rue for the ADF&G commissioner.  He hoped             
 that the legislature doesn't play politics with the appointments of           
 commissioners.                                                                
                                                                               
 Number 252                                                                    
                                                                               
 DALE BONDURANT testified via teleconference from Soldotna, raising            
 some concerns about this confirmation and the need for some                   
 questions to be answered.  He declared, "Since the federal                    
 subsistence law and their board's management regulations are not in           
 compliance with Alaska's Constitution, Article 1, Section 1, and              
 Article 8; equality under the law and common use and no (indisc.)             
 privilege for provisions.  I ask, under what justification can the            
 state employees be used to support, regulate or enforce these                 
 regulations?  Further, since a very large percentage of the ADF&G             
 is funded by federal Dingell-Johnson and Pittman-Robertson grants,            
 which results from specific excise taxes paid on sports, fishing              
 and hunting equipment.  How can the state legally use these monies            
 and the necessary matching funds for fish and game management of              
 the resources, which are closed to equal use by so called sport               
 users?  I believe an injunction against future use and an audit of            
 past use of these specific funds are in order.  When will Alaska              
 quit paying to furnish information of support to the enemy, who               
 violates state Constitution provisions of equal consideration for             
 the mass majority of Alaskans?"                                               
                                                                               
 CHAIRMAN AUSTERMAN suggested that all teleconference participants             
 be heard first and then Mr. Rue can respond to any questions                  
 raised.                                                                       
                                                                               
 Number 286                                                                    
                                                                               
 BEN ELLIS, Executive Director, Kenai River Sport Fishing, testified           
 via teleconference from Soldotna, in support of Mr. Rue's                     
 confirmation.  He conveyed, "We have found him to be knowledgeable            
 towards fishery issues.  A professional who knows how to work with            
 the staff and public and especially a person who seeks consensus to           
 difficult resolutions."  Mr. Ellis further stated, "He was the                
 department's lead in negotiating and securing passage of the Forest           
 Practices and Mining Reclamation Act."                                        
                                                                               
 Number 325                                                                    
                                                                               
 AL FRANZMANN testified via teleconference from Soldotna, with                 
 concerns and a specific question for Mr. Rue.  In reference to the            
 altered report on the wolf kill investigation, Mr. Franzmann had a            
 concern about how Mr. Rue may deal with other controversial issues.           
 He asked, "Can we expect more wolf-gates during your tenure?"                 
                                                                               
 Number 340                                                                    
                                                                               
 STOSH ANDERSON testified via teleconference from Kodiak, strongly             
 supporting Mr. Rue's appointment.  He pointed out, "I believe Frank           
 has a handle on the issues that are before the state and the                  
 department.  I believe he'll provide the balanced management of               
 staff to address these problems."                                             
                                                                               
 Number 355                                                                    
                                                                               
 OLIVER HOLMES, Area K Seiners Association, testified via                      
 teleconference from Kodiak, supporting the confirmation of Mr. Rue.           
                                                                               
 Number 365                                                                    
                                                                               
 LARRY MALLOY, Executive Director, Kodiak Regional Aquaculture                 
 Association, testified via teleconference from Kodiak, supporting             
 and endorsing Mr. Rue as commissioner of ADF&G.  He indicated, "We            
 were impressed with his abilities to resolving issues of conflict             
 where fish habitat was involved."                                             
                                                                               
 Number 384                                                                    
                                                                               
 KRIS NOROSZ, Executive Director, Petersburg Vessel Owners                     
 Association, testified via teleconference from Petersburg, in full            
 support of Mr. Rue.  She briefly said, "We've worked with Mr. Rue             
 on habitat issues and have found him to be very open and direct.              
 He works quite well with the public."                                         
                                                                               
 Number 396                                                                    
                                                                               
 DEAN PADDOCK, Bristol Bay Driftnetters Association, testified on              
 behalf of the association in full support of Mr. Rue's                        
 confirmation.  He indicated that people who work for Mr. Rue, think           
 very highly of him.  He said, "I believe that Frank Rue has the               
 potential to be an outstanding commissioner."                                 
                                                                               
 Number 422                                                                    
                                                                               
 MR. RUE responded to Mr. Franzmann about the incident of the wolf             
 kill.  He recounted, "I had very strong concerns with the initial             
 report that came out on that incident as well.  I met with Public             
 Safety and the staff and I came out with my findings, which I                 
 believe corrected some of the problems with that report.  I shared            
 the concern and went immediately to Fairbanks with Public Safety to           
 clarify the points that I thought were inaccurate and that were               
 causing some problems in the public perception, as well as the                
 staff perception."                                                            
                                                                               
 MR. RUE indicated that he wasn't prepared to answer Mr. Bondurant's           
 broad questions because of the time factor involved.                          
                                                                               
 CHAIRMAN AUSTERMAN noted that Representative Davis arrived at 5:28            
 p.m.                                                                          
                                                                               
 Number 446                                                                    
                                                                               
 REPRESENTATIVE SCOTT OGAN asked Mr. Rue if he would be willing to             
 work with the Fish and Game Boards, to follow their directions                
 concerning intensive management.                                              
                                                                               
 MR. RUE replied that in general he would follow their direction.              
 But he went on to say, "What I've been charged to do by the                   
 Governor, is work with the board and the public and see if we can             
 come up with a predator control policy, which is one aspect of                
 intensive management."  He went on briefly to describe the                    
 components of a successful policy and other segments of intensive             
 management that are far easier to deal with.                                  
                                                                               
 REPRESENTATIVE OGAN posed a hypothetical question for Mr. Rue.  He            
 asked, "If it's determined, that the best way to improve habitat              
 for moose in a particular area, would be to, maybe, step up logging           
 efforts, would you have any problems doing that?"                             
                                                                               
 MR. RUE indicated they would make sure the logging was done                   
 correctly to benefit the wildlife and the timber resource.                    
                                                                               
 REPRESENTATIVE OGAN followed up with a question on intensive                  
 management.  He asked if in certain circumstances where you have              
 extremely high predation of young calves, would predator control be           
 the most cost effective and best way to manage this situation.                
                                                                               
 MR. RUE asserted that there are times when predators do cause a               
 problem.  A population can be depressed to the point where predator           
 control will have a significant benefit to both the predator and              
 the prey population.  He wants to work with the Board of Game and             
 make this a deliberate process.  He further stated, "My biggest               
 concern on this issue is that the various interests will push it to           
 the point where we'll have to make hasty decisions and it will get            
 everyone polarized and in their corners."                                     
                                                                               
 MR. RUE continued by saying, "I believe the only way, if we do                
 decide to do predator control, it should be with aircraft.  There             
 is no other efficient, humane way to do it.  I think the last                 
 effort in Unit 28 demonstrated that."  He emphasized that ADF&G               
 were going to have to work with people so they understand the                 
 benefits and the biology involved with predator control.                      
                                                                               
 REPRESENTATIVE OGAN commented that the perception exists about                
 hunters who believe, "The only good wolf is a dead wolf."  Some               
 areas have too many wolves and some units don't have enough," he              
 said.  For the record, he stressed, "We don't want the wolves                 
 killed off in this state, we just would like to achieve a                     
 reasonable balance."                                                          
                                                                               
 MR. RUE responded that a large minority of Alaskans are hunters.              
 He observed, "I think we as hunters have a responsibility to make             
 sure that our activities are done in a way that the rest of the               
 nonhunting public finds acceptable."  He went on to add, "I think             
 we have to be careful as hunters, not to be too focused and narrow            
 in our perspective."                                                          
                                                                               
 REPRESENTATIVE ELTON moved to forward Frank Rue's name to a joint             
 session of the House and Senate for consideration as the                      
 commissioner of ADF&G.                                                        
                                                                              
 CHAIRMAN AUSTERMAN hearing no objection, ordered it so moved.                
                                                                               
 HFSH - 03/08/95                                                               
 HJR 23 - COMMUNITY DEVELOPMENT FISHING QUOTAS                               
                                                                              
 Number 571                                                                   
                                                                               
 REPRESENTATIVE GARY DAVIS moved to accept committee substitute for            
 HJR 23 as a working document.                                                 
                                                                               
 CHAIRMAN AUSTERMAN hearing no objection, placed CSHJR 23(FSH)                 
 before the committee.                                                         
                                                                               
 JOHN WALSH, Aide to Representative Richard Foster, affirmed they do           
 support the committee substitute and encouraged passage of this               
 resolution.  He commented that the Community Development Quota                
 (CDQ) program has brought tremendous economic development potential           
 and opportunity for development in rural Alaska.  This experimental           
 program comes to an end at the end of this calendar year.  He                 
 stated the North Pacific Fisheries Management Council (NPFMC) is              
 not prepared to establish a permanent regime of comprehensive                 
 rationalization.  In order to prolong the current CDQ program, a              
 proposal is before the council to extend it for three years.  He              
 further stated that the resolution of endorsement would be                    
 appropriate and significant for the NPFMC to have before them at              
 their June meeting.                                                           
                                                                               
 Number 612                                                                    
                                                                               
 REPRESENTATIVE ELTON commented that there is probably no single               
 issue that is more important to Alaskan jobs than the CDQ program.            
                                                                               
 CHAIRMAN AUSTERMAN acknowledged and agreed with Representative                
 Elton's comments.  The inshore/offshore issue of getting more fish            
 ashore means jobs to the coastal communities.  The CDQ program is             
 part of that issue and is really a boom to the Bering Sea area.               
                                                                               
 Number 634                                                                    
                                                                               
 REPRESENTATIVE DAVIS also agreed with the importance of this                  
 program.  The CDQ's improve the job and economic base in that area            
 of the state.  He made a motion to move CSHJR 23(FSH) out of                  
 committee, with individual recommendations.                                   
                                                                               
 CHAIRMAN AUSTERMAN upon hearing no objections, moved CSHJR 23(FSH)            
 out of the House Special Committee on Fisheries, with individual              
 recommendations.                                                              
 ADJOURNMENT                                                                   
                                                                               
 CHAIRMAN AUSTERMAN adjourned the meeting at 5:45 p.m.                         
                                                                               

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