Legislature(1995 - 1996)

04/18/1996 05:06 PM House FSH

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              HOUSE SPECIAL COMMITTEE ON FISHERIES                             
                         April 18, 1996                                        
                           5:06 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Alan Austerman, Chairman                                       
 Representative Carl Moses, Vice Chairman                                      
 Representative Scott Ogan                                                     
 Representative Gary Davis                                                     
 Representative Kim Elton                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members were present.                                                     
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 538                                                            
 "An Act relating to the establishment of a moratorium for vessels             
 participating in the Bering Sea Korean hair crab fishery; relating            
 to a vessel permit limited entry system; and providing for an                 
 effective date."                                                              
                                                                               
      -  PASSED CSHB 538(2d FSH) OUT OF COMMITTEE                              
                                                                               
 GOVERNOR'S APPOINTMENTS TO BOARD OF FISHERIES:  GRANT MILLER, DAN             
 COFFEY AND VIRGIL UMPHENOUR                                                   
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 538                                                               
 SHORT TITLE: VESSEL MORATORIUM FOR HAIR CRAB FISHERY                          
 SPONSOR(S): COMMUNITY AND REGIONAL AFFAIRS                                    
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 03/06/96              (H)   FSH AT  5:00 PM CAPITOL 124                       
 03/06/96              (H)   MINUTE(FSH)                                       
 03/06/96      2995    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/06/96      2995    (H)   FISHERIES                                         
 03/11/96              (H)   FSH AT  5:00 PM CAPITOL 124                       
 03/11/96              (H)   MINUTE(FSH)                                       
 03/13/96      3113    (H)   FSH RPT  CS(FSH) 2DP 3NR                          
 03/13/96      3113    (H)   DP: AUSTERMAN, ELTON                              
 03/13/96      3113    (H)   NR: G.DAVIS, OGAN, MOSES                          
 03/13/96      3113    (H)   ZERO FISCAL NOTE (F&G)                            
 04/17/96      3826    (H)   RETURN TO FSH  COMMITTEE                          
 04/18/96              (H)   FSH AT  5:00 PM CAPITOL 124                       
                                                                               
 WITNESS REGISTER                                                              
 AMY DAUGHERTY, Committee Aide                                                 
 House Special Committee on Fisheries and                                      
    Legislative Assistant to                                                   
    Representative Alan Austerman                                              
 Alaska State Legislature                                                      
 State Capitol Building, Room 434                                              
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-4230                                                    
 POSITION STATEMENT:  Explained changes in CSHB 538(2d FSH).                   
                                                                               
 JOHN WINTHER                                                                  
 P.O. Box 509                                                                  
 Petersburg, Alaska  99833                                                     
 Telephone:  (907) 772-4754                                                    
 POSITION STATEMENT:  Supported CSHB 538(2d FSH).                              
                                                                               
 GRANT J. MILLER                                                               
 P.O. Box 2456                                                                 
 Sitka, Alaska  99835                                                          
 Telephone:  (907) 747-5982                                                    
 POSITION STATEMENT:  Appointee to Board of Fisheries.                         
                                                                               
 DAN K. COFFEY                                                                 
 207 East Northern Lights Boulevard, Number 200                                
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 274-3385                                                    
 POSITION STATEMENT:  Appointee to Board of Fisheries.                         
                                                                               
 VIRGIL L. UMPHENOUR                                                           
 2400 Davis Road                                                               
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 456-3885                                                    
 POSITION STATEMENT:  Appointee to Board of Fisheries.                         
                                                                               
 ALVIN D. OSTERBACK, Mayor                                                     
 City of Sand Point                                                            
 P.O. Box 249                                                                  
 Sand Point, Alaska  99661                                                     
 Telephone:  (907) 383-2696                                                    
 POSITION STATEMENT:  Approved Miller confirmation; testified about            
                      Coffey; did not recommend Umphenour.                     
                                                                               
 DORNE HAWXHURST                                                               
 Cordova District Fishermen United                                             
 P.O. Box 939                                                                  
 Cordova, Alaska  99574                                                        
 Telephone:  (907) 424-3447                                                    
 POSITION STATEMENT:  Testified about confirmations.                           
                                                                               
 DAN WINN                                                                      
 P.O. Box 1272                                                                 
 Homer, Alaska  99603                                                          
 Telephone:  (907) 235-8712                                                    
 POSITION STATEMENT:  Voiced concerns about Coffey.                            
                                                                               
 TAMMIE SHRADER                                                                
 P.O. Box 2601                                                                 
 Homer, Alaska  99603                                                          
 Telephone:  (907) 235-7670                                                    
 POSITION STATEMENT:  Opposed Coffey confirmation.                             
                                                                               
 CINDY AMBERFIELD                                                              
 P.O. Box 2518                                                                 
 Kodiak, Alaska  99615                                                         
 Telephone:  (907) 486-3621                                                    
 POSITION STATEMENT:  Urged reconsideration of Coffey nomination.              
                                                                               
 DICK H. BOWER, SR., Member                                                    
 Board of Fisheries                                                            
 P.O. Box 3662                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-7132                                                    
 POSITION STATEMENT:  Supported confirmation of Miller and Coffey.             
                                                                               
 JIM RICHARDSON                                                                
 308 G Street, Number 103                                                      
 Anchorage, Alaska  99508                                                      
 Telephone:  (907) 279-2883                                                    
 POSITION STATEMENT:  Supported Coffey confirmation.                           
                                                                               
 BILL SULLIVAN                                                                 
 P.O. Box 943                                                                  
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 283-4850                                                    
 POSITION STATEMENT:  Strongly opposed Coffey confirmation.                    
                                                                               
 LOU CLARK                                                                     
 United Cook Inlet Drift Association                                           
 2840 Porcupine Trail                                                          
 Anchorage, Alaska  99516                                                      
 Telephone:  (907) 345-0817                                                    
 POSITION STATEMENT:  Strongly opposed confirmation of Coffey and              
                      Umphenour; supported Miller confirmation.                
                                                                               
 JOHN McCOMBS                                                                  
 P.O. Box 87                                                                   
 Ninilchik, Alaska  99639                                                      
 Telephone:  (907) 567-3334                                                    
 POSITION STATEMENT:  Opposed confirmation of Coffey and Umphenour;            
                      supported Miller confirmation.                           
                                                                               
 DAVID HORNE                                                                   
 HC 2, Box 543                                                                 
 Kasilof, Alaska  99610                                                        
 Telephone:  (907) 262-4551                                                    
 POSITION STATEMENT:  Opposed Coffey confirmation; supported                   
                      Miller confirmation; testified about                     
                      Umphenour.                                               
                                                                               
 LARRY VAN SKY                                                                 
 HC 1, Box 1330                                                                
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 776-8627                                                    
 POSITION STATEMENT:  Opposed confirmation of Coffey and Umphenour.            
                                                                               
 BEN ELLIS, Executive Director                                                 
 Kenai River Sportfishing Association                                          
 P.O. Box 1228                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-8588                                                    
 POSITION STATEMENT:  Supported confirmation of Coffey and                     
                      Umphenour.                                               
                                                                               
 GARY HOLLIER                                                                  
 P.O. Box 2965                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-9185                                                    
 POSITION STATEMENT:  Supported Miller confirmation; opposed Coffey            
                      confirmation.                                            
                                                                               
 GRACE KENDALL                                                                 
 P.O. Box 2523                                                                 
 Sterling, Alaska  99672                                                     
 Telephone:  (907) 262-6130                                                    
 POSITION STATEMENT:  Opposed confirmation of Coffey and Umphenour.            
                                                                               
 PAUL SHADURA                                                                  
 P.O. Box 1632                                                                 
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 262-1632                                                    
 POSITION STATEMENT:  Opposed Coffey confirmation.                             
                                                                               
 DENBY LLOYD, Chief Resource Analyst                                           
 Aleutians East Borough                                                        
 1600 A Street, Suite 103                                                      
 Anchorage, Alaska  99501-5146                                                 
 Telephone:  (907) 274-7555                                                    
 POSITION STATEMENT:  Supported confirmation of Miller and Coffey.             
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-18, SIDE A                                                            
 Number 0001                                                                   
                                                                               
 CHAIRMAN ALAN AUSTERMAN called the House Special Committee on                 
 Fisheries meeting to order at 5:06 p.m.  Members present at the               
 call to order were Representatives Austerman, Davis and Elton.                
 Representatives Moses and Ogan joined the meeting at 5:12 p.m. and            
 5:15 p.m., respectively.                                                      
                                                                               
 HB 538 - VESSEL MORATORIUM FOR HAIR CRAB FISHERY                            
                                                                               
 CHAIRMAN AUSTERMAN asked Amy Daugherty to explain how the current             
 committee substitute for HB 538 differed from the previous one.               
                                                                               
 Number 0063                                                                   
                                                                               
 AMY DAUGHERTY, Committee Aide, House Special Committee on                     
 Fisheries, and Legislative Assistant to Representative Alan                   
 Austerman, said the committee substitute that had passed out of               
 committee previously was a general moratorium for the Bering Sea              
 Korean Hair Crab.  After it reached the House Rules Committee,                
 there had been misgivings about it, especially by the                         
 representative of the district most directly affected by the bill.            
                                                                               
 MS. DAUGHERTY explained the current draft established a five-mile             
 buffer area around the Pribilof Islands, to be utilized exclusively           
 by small crabbing vessels no greater than 58 feet in length.                  
 Ms.Daugherty said a compromise among many people had been reached             
 and that, to her knowledge, everyone was currently satisfied with             
 it.                                                                           
                                                                               
 Number 0178                                                                   
                                                                               
 REPRESENTATIVE KIM ELTON made a motion to adopt work draft 9-                 
 LS1736\Z, dated 4/18/96, CSSB 538.  There being no objection, it              
 was so ordered.                                                               
                                                                               
 MS. DAUGHERTY referred to the intent language on page 2, lines 15-            
 16, and said, "The Department of Fish and Game has been through               
 this document and this plan, and they felt very strongly that we              
 needed to leave the ... 100 percent observer program intact, or at            
 least put intent language in there so that that would remain."                
                                                                               
 CHAIRMAN AUSTERMAN asked if that was new language.                            
                                                                               
 MS. DAUGHERTY affirmed that.                                                  
                                                                               
 Number 0270                                                                   
                                                                               
 REPRESENTATIVE ELTON noted that it maintained 100 percent observer            
 coverage for all vessels engaged.  He asked if that meant skiff               
 fishermen around the Pribilofs would need an observer aboard.                 
                                                                               
 MS. DAUGHERTY replied that the department was concerned about the             
 resource.  There were also several other species of crab in the               
 area.  "That's exactly what it is right now, 100 percent crab                 
 observer coverage," she said.  "Since we are essentially providing            
 for that fishery, they wanted us to include that.  The industry has           
 not resisted that yet."  She pointed out that within the five-mile            
 zone, there was not much of an industry, nor many boats 58 feet or            
 less.                                                                         
                                                                               
 REPRESENTATIVE ELTON suggested it was almost mutually exclusive               
 language if they were trying to establish a skiff fishery.                    
                                                                               
 Number 0361                                                                   
                                                                               
 MS. DAUGHERTY explained it was not a skiff fishery.  "I'm sure the            
 waters are way too rough for a skiff fishery," she said.                      
                                                                               
 REPRESENTATIVE ELTON replied he may be misstating it.  He asked               
 whether a boat in the small-boat fleet off the Pribilofs would be             
 required to have an observer on board.                                        
                                                                               
 MS. DAUGHERTY affirmed that.                                                  
                                                                               
 REPRESENTATIVE ELTON maintained that it still might be mutually               
 exclusive.                                                                    
                                                                               
 CHAIRMAN AUSTERMAN noted there was already 100 percent coverage               
 with the existing fishery.  If more boats were entering the                   
 fishery, the department wanted to continue to have 100 percent                
 coverage to protect this fragile fishery.  Chairman Austerman                 
 called on Mr. Winther to testify.                                             
                                                                               
 Number 0433                                                                   
                                                                               
 JOHN WINTHER testified that he owned a vessel that fished for hair            
 crab in the Bering Sea.  He agreed there had been compromises on              
 both sides and said, "Our group can live with what's been done                
 here.  We're happy with it.  And the alternative, we know, would be           
 nothing.  And if that happens, after this year, we can forget about           
 trying to do something for the fisheries because of the added                 
 effort that will come into the fisheries the next season,                     
 November1."  Mr. Winther indicated the reason there was currently             
 100 percent observer coverage was the high number of small king               
 crab stocks in the general area, the by-catch for which the                   
 department wanted to monitor closely.  "So, they want to continue             
 to have 100 percent observer coverage on any vessel that might                
 participate in this fishery," he said.  "And it's a real fine line.           
 You can be fishing along and, all of a sudden, just get into the              
 king crab.  And they have to monitor that very closely."  Mr.                 
 Winther thanked everyone for their work in reaching the compromise.           
                                                                               
 Number 0530                                                                   
                                                                               
 CHAIRMAN AUSTERMAN asked if there was discussion.                             
                                                                               
 REPRESENTATIVE GARY DAVIS made a motion that CSHB 538 move from               
 committee with individual recommendations and attached zero fiscal            
 note.                                                                         
                                                                               
 REPRESENTATIVE SCOTT OGAN objected so that his presence could be              
 noted, then withdrew his objection.                                           
                                                                               
 CHAIRMAN AUSTERMAN asked if there were further objections.  There             
 being none, CSHB 538 moved from the House Special Committee on                
 Fisheries.                                                                    
                                                                               
 GOVERNOR'S APPOINTMENTS TO BOARD OF FISHERIES:  GRANT MILLER, DAN            
 COFFEY and VIRGIL UMPHENOUR                                                  
                                                                               
 Number 0601                                                                   
                                                                               
 CHAIRMAN AUSTERMAN noted the next order of business was a hearing             
 on the confirmations of Grant Miller, Dan Coffey and Virgil                   
 Umphenour to the Board of Fisheries.  All three nominees were                 
 present on teleconference.  Chairman Austerman called on Mr. Miller           
 to speak first.                                                               
                                                                               
 Number 0669                                                                   
                                                                               
 GRANT MILLER testified via teleconference, saying he had been a               
 self-employed commercial fisherman for 30 years and was dependent             
 on fisheries resources as his sole source of income.  His wife and            
 two sons, who were 19 and 20 years old, also participated in the              
 fisheries, including the halibut longline, herring gillnet, salmon            
 seine and troll fisheries.  "I'm dependent on these resources and             
 intend to do the best I can to see that we continue to have these             
 resources," he concluded.                                                     
                                                                               
 REPRESENTATIVE OGAN asked Mr. Miller which fisheries he                       
 participated in.                                                              
                                                                               
 Number 0781                                                                   
                                                                               
 MR. MILLER said although his main fishery currently is Southeast              
 salmon seining, he spent most of his time since 1977 as a troller.            
 "My wife and I trolled with the Johnny Roger up until three years           
 ago, when we bought a seine permit, and we continue to fish                   
 together as a family," he said.  "I still hold my troll permit and            
 I fish in the winter ... troll fishery and also in the experimental           
 hatchery openings in the spring with the troller.  I also currently           
 operate a herring bait pound in Sitka sound, which ... the last two           
 years has not managed to get any herring, so that hasn't produced             
 anything for me.  I also have some IFQ shares in halibut, which we            
 fish with the troller, the Johnny Roger."                                   
                                                                               
 Number 0841                                                                   
                                                                               
 REPRESENTATIVE OGAN said the biggest complaint he heard about the             
 Board of Fisheries, which he believed was a public perception by a            
 significant proportion of Alaskans, was that the board was biased             
 towards commercial fishermen.  He asked Mr. Miller to comment on              
 that and on how objective he could be.  He also asked whether Mr.             
 Miller could manage the fisheries on a sustained-yield principle              
 and recognize the growing competing interests of sport fishermen,             
 tourists and others.                                                          
                                                                               
 Number 0891                                                                   
                                                                               
 MR. MILLER pointed out that the make-up of the board was not biased           
 towards commercial fishing.  "I believe we have three people on the           
 board who own commercial fishing permits," he said.  "I believe I'm           
 the only one whose sole source of income is commercial fishing.               
 Then we ... also have Trefon Angasan, who does hold a permit in             
 Bristol Bay, and Dr. White, whose main income is dentistry, who               
 also holds a ... permit in a small gillnet fishery, I believe, on             
 the Kuskokwim.  So, I don't believe there's a bias there on the               
 board."                                                                       
                                                                               
 MR. MILLER continued, "At this time, in terms of how I approach it,           
 my main concern is the resource, and I believe that I make my                 
 decisions based on the best available information provided to me by           
 our Department of Fish and Game.  And my first consideration is the           
 resource and its ability to sustain and produce, for all users.               
 And, as may be evidenced by our recent meeting in Cook Inlet, we              
 have made decisions that aren't necessarily biased towards                    
 commercial fishermen.  And I would say that some may interpret the            
 decision ... at Cook Inlet to be particularly favorable towards the           
 sport fishermen.  I believe that's possible for all of us, and I              
 think, ... given the information that we get from the Department of           
 Fish and Game, all of us appear to have the same concern about the            
 resource.  And I don't believe that I would be biased unduly                  
 towards the commercial fisheries versus other users."                         
                                                                               
 Number 1010                                                                   
                                                                               
 REPRESENTATIVE ELTON stated that the question was a difficult one             
 for an appointee to answer.  He noted committee packets contained             
 something he considered relatively extraordinary, a letter                    
 endorsing Mr. Miller, signed not only by commercial fishing                   
 interests but also by Carl Rosier on behalf of the Alaska Outdoor             
 Council, one of the most vocal sport entities in the state, and by            
 Bill Foster on behalf of "day charter people."  Representative                
 Elton concluded that while Mr. Miller did a good job of answering             
 the question, perhaps even a better answer was what some of the               
 sport fishing people said about him.                                          
                                                                               
 REPRESENTATIVE OGAN clarified his question was categorical, not               
 personal.  He declared he was not saying there was a bias but a               
 perception of bias.  "And for many people, the perception is                  
 reality," he said.  "So, thank you for that answer."                          
                                                                               
 Number 1098                                                                   
                                                                               
 MR. MILLER assured Representative Ogan he did not take offense and            
 had been asked that question, which was important, before.                    
                                                                               
 CHAIRMAN AUSTERMAN asked if there were questions from the committee           
 and then requested that Mr. Miller stay on line.                              
                                                                               
 DAN K. COFFEY testified via teleconference from Anchorage, saying             
 he was a 49-year Alaska resident and single parent of three sons              
 who made his living as an attorney and businessman.  "In the past,            
 I have been a commercial fisherman," he said.  "Most recently, I              
 was the owner of a 80-foot halibut schooner, which I sold ... to my           
 partner in 1990.  I was then, and always have been in Alaska, a               
 sports fisherman, so, I have had ... interests on both sides of               
 this."                                                                        
                                                                               
 MR. COFFEY said as an attorney, he spent a lot of time prior to his           
 appointment reading the constitutional provisions, statutes and               
 case law.  "And the three meetings we've had as a board, what I try           
 to do most is read all of the volumes and volumes of material that            
 is given to us, take policies that the board has had for 20 years             
 or more and apply the facts, as we learn them, to the policies that           
 this board and the prior boards have adopted, and make decisions              
 that are, first, in the interests of conservation and sustained               
 yield," he explained.  "And then, the more difficult questions,               
 which are ... somewhat subjective, are the ones of allocation                 
 between beneficial users, which ... [are] the ones that cause the             
 most argument between the people, but [I] try to apply those                  
 decisions in a fair and equitable manner as best I can.  I think if           
 I am confirmed, that that's the way I would continue to run my                
 tenure on the board."                                                         
                                                                               
 Number 1233                                                                   
                                                                               
 REPRESENTATIVE ELTON noted that Mr. Coffey's resume listed service            
 on the board of F.I.S.H., Inc.  He asked if Mr. Coffey was still on           
 the board or involved with it in any way.                                     
                                                                               
 MR. COFFEY replied, "When I made the application for the Board of             
 Fisheries, I resigned from the board of F.I.S.H., Inc."  He                   
 indicated that was in December.  "I was also the registered agent             
 of the corporation and I resigned from that position and severed              
 all my ties to the organization, returning files.  And I had the              
 corporate book and I gave that back to the president, things of               
 that nature, because it, to my way of thinking, would have been               
 inappropriate to remain on the board of F.I.S.H., Inc., and also              
 serve in the capacity as a member of the Board of Fisheries.  So,             
 I've severed all my ties with the organization."                              
                                                                               
 Number 1284                                                                   
                                                                               
 REPRESENTATIVE OGAN asked about the board of F.I.S.H., Inc.                   
                                                                               
 MR. COFFEY explained that F.I.S.H. was an acronym for "Fairness in            
 Salmon Harvest".  It was a corporation formed for the purpose of              
 drafting and getting on the ballot the F.I.S.H. initiative, which             
 was currently on the ballot and had recently withstood legal                  
 challenges in Southeast Alaska.  "It basically is an allocative               
 direction to the Board of Fisheries," Mr. Coffey said.  "If this              
 passes, it will be similar to a statutory provision which would               
 require a certain allocation of fish between commercial and sports            
 fishing interests.  And the corporation was the vehicle that was              
 used to draft and sponsor and push this initiative."                          
                                                                               
 REPRESENTATIVE OGAN indicated it could be argued that involvement             
 with F.I.S.H. could give a bias towards sport fishermen.  He asked            
 whether Mr. Coffey could be fair towards commercial fishing                   
 interests in decisions that might be contrary to what he had worked           
 for on the F.I.S.H. board.                                                    
                                                                               
 Number 1373                                                                   
                                                                               
 MR. COFFEY responded, "Well, I believe so, and I will certainly               
 strive to be that.  Much as what Mr. Miller just said, our first              
 and primary objective - and I haven't seen anybody on the board               
 currently who doesn't share this - our first and primary objective            
 is ... for the conservation of the salmon stocks and the crab                 
 stocks, or whatever they may be, and their sustained yield.                   
 Whenever we have conservation issues, there's no argument among               
 board members.  We have to face those issues first."                          
                                                                               
 Number 1401                                                                   
                                                                               
 MR. COFFEY recognized that many commercial fishermen believed he              
 had a bias.  "But my goal, again, is to take what is a public                 
 resource, look at it in light of the demands that are made upon               
 that resource, look at the policies that the board uses - and these           
 are adopted in regulation, there are various policies, the Upper              
 Cook Inlet Salmon Management Plan is one of them, and that's what             
 we dealt with in Cook Inlet - take those policies, which are of               
 many years' duration, and apply them to our decision-making                   
 process," he said.  "And sometimes that comes down on the side of             
 commercial interests and sometimes it comes down on sport                     
 interests."                                                                   
                                                                               
 MR. COFFEY cited the example of Cook Inlet, where some board                  
 decisions were supported in part by sports interests and some,                
 involving the Northern District of Upper Cook Inlet, were strongly            
 supported by the set net commercial fishermen in that district.  "I           
 knew this would be controversial when I got on there because of the           
 perceived bias," he said, adding that he tried to make the best               
 decision based on the evidence and material provided to the board.            
                                                                               
 MR. COFFEY emphasized that the fisheries were fully utilized.  "So,           
 when you make decisions to change the status quo, you are taking              
 from one and giving to another, or things of that nature, so it's             
 very difficult," he said.                                                     
                                                                               
 Number 1508                                                                   
                                                                               
 REPRESENTATIVE GARY DAVIS asked how much time Mr. Coffey spent as             
 an attorney and on business interests.                                        
                                                                               
 MR. COFFEY indicated his practice involved commercial law with a              
 heavy emphasis on liquor law and licensing.  "And there's not many            
 other people who do that at all, so, it's a very specialized                  
 practice," he said.  "And I'm able to do that in such a manner that           
 I probably spend half of my time on my law practice and the rest of           
 my time is on my business.  I would now say that it's probably 40             
 percent on law and 40 percent on the business, and 20 percent on              
 the Board of Fisheries."                                                      
                                                                               
 Number 1538                                                                   
                                                                               
 REPRESENTATIVE DAVIS said articles had suggested Mr. Coffey was a             
 one-issue appointee.  "It's indicated that you've publicly stated             
 that yourself, and that issue is to take fish from the commercial             
 fishery in Cook Inlet and ... reallocate them to the sport fishing,           
 guiding and tourism industry," he said, asking Mr. Coffey to                  
 address that.                                                                 
                                                                               
 MR. COFFEY replied he had never said that.  He explained, "Mr.                
 Miller and I were appointed two days before Cook Inlet started.               
 So, from the very get-go, in those meetings, I was asked, both by             
 members of the public, as well as the press, if I was going to                
 resign after the meetings on Cook Inlet and if ... this was the               
 only thing I was interested in.  And I told them - I'll tell you -            
 that that's not my nature.  I didn't ... agree to take this job so            
 I could sit there for three weeks on the Cook Inlet board and then            
 walk away.  And I think if you ask people who have observed me in             
 the shellfish meetings, and people who have observed me in the                
 recent meetings on the June fishery and Area M, they will tell you            
 that I read the material and I work real hard to participate, as              
 best I can, in all of the things that the board is doing.  So, if             
 I am confirmed by the legislature, then I will work hard on all               
 issues in all areas of the state to try to fulfill the duties ...             
 that a member of the Board of Fisheries needs to do."                         
                                                                               
 CHAIRMAN AUSTERMAN asked if there were further questions for Mr.              
 Coffey and asked him to stay on line.  He then called on Virgil               
 Umphenour.                                                                    
                                                                               
 Number 1677                                                                   
                                                                               
 VIRGIL UMPHENOUR testified via teleconference from Whitehorse,                
 British Columbia.  An Alaska resident since 1971, he owned and                
 operated a small fish and meat processing plant in Fairbanks.  He             
 bought commercially caught fish, primarily from the Upper Yukon,              
 and custom processed sport-caught fish and game.  In addition, he             
 was a big game hunting guide.  Mr. Umphenour had been on the Board            
 of Fisheries almost two years, having been reappointed at the time            
 Mr. Coffey and Mr. Miller were appointed.                                     
                                                                               
 CHAIRMAN AUSTERMAN asked Mr. Umphenour to characterize the board              
 and his impressions of it.                                                    
                                                                               
 Number 1726                                                                   
                                                                               
 MR. UMPHENOUR responded, "Well, there's a lot of issues before the            
 board and it's a lot of work and requires a lot of research and a             
 lot of paying attention at the meetings.  And it makes a lot of               
 hard decisions pertaining primarily to allocation.  But some of the           
 hard decisions are what to do about some of the various                       
 conservation concerns that we have cyclically, king crab in Bristol           
 Bay and a lot of other concerns.  But I believe that our system is            
 the most democratic system, probably, of any of the states, where             
 the public is allowed to participate and get their ideas across.              
 Anyone that wants to can make a proposal and the proposals are                
 heard.  And the department has to ... make comments on the pros and           
 cons of the proposal that the public puts in.  So, I feel it's a              
 very good process."                                                           
                                                                               
 Number 1775                                                                   
                                                                               
 REPRESENTATIVE OGAN asked if Mr. Umphenour believed the issue                 
 around False Pass had been resolved.                                          
                                                                               
 MR. UMPHENOUR's reply was indiscernible.                                    
                                                                               
 REPRESENTATIVE OGAN asked what action had been taken.                         
                                                                               
 MR. UMPHENOUR responded, "Action that was taken at this last                  
 meeting was that we put mandatory retention for all salmon caught             
 in the fishery.  And I think that that action will stop a lot of              
 the mortality of chum salmon in that fishery, that are migrating              
 through, in the June fishery.  So, it will put a lot more fish into           
 the terminal areas that ... they're bound for."                               
                                                                               
 REPRESENTATIVE OGAN asked Mr. Umphenour to explain what had                   
 occurred previously, how that differed, and what his position was             
 on it.                                                                        
                                                                               
 Number 1831                                                                   
                                                                               
 MR. UMPHENOUR replied, "What was going on before is a number of the           
 fishermen, which are purse seiners and drift gillnet fishermen,               
 would catch chum salmon and then release them back into the water.            
 And there's no way to know how many of those fish are going to die.           
 And the indications are that a very large portion of those fish are           
 going to die, especially the ones caught in gillnets.  If they're             
 gilled, they're going to die.  And there was no accountability for            
 how many of these fish were being caught and then released.  And we           
 have a chum cap in that fishery, and the chum cap was put there by            
 the board first in 1986, and it was to conserve chum salmon headed            
 for the Arctic-Yukon-Kuskokwim (indisc. -- coughing).  (Indisc.)              
 again, at this board meeting just this past week, and I supported             
 it fully."                                                                    
                                                                               
 Number 1874                                                                   
                                                                               
 REPRESENTATIVE OGAN asked if the chum were a by-catch of another              
 species being targeted, with the chums being pitched because they             
 were of lower value.                                                          
                                                                               
 MR. UMPHENOUR replied, "Partially correct but not completely                  
 correct.  The chum cap is there to conserve chums.  The targeted              
 specie is the sockeye that are bound for Bristol Bay.  And if they            
 catch 700,000 chums in that fishery, then the fishery is supposed             
 to close.  And so, it's a conservation measure to try to encourage            
 the fishermen to target sockeye and not chum salmon."                         
                                                                               
 Number 1898                                                                   
                                                                               
 REPRESENTATIVE OGAN asked:  "And so, what you're saying ... is that           
 the chum cap, if they turned the fish back when they caught them in           
 the nets and kicked them back, that wasn't counting against the               
 cap?"                                                                         
                                                                               
 MR. UMPHENOUR said that was correct.  "And then, a certain amount             
 of those fish naturally die, and there's no way to quantify exactly           
 how many of them die, but in tagging studies that the department              
 has done in that area on sockeye and chum salmon both, the figures            
 used ... for tagging mortality, in which the fish are handled as              
 gently as possible, are as high as 50 percent, the estimates on the           
 mortality," he said.  "And so, a fish that's caught and not handled           
 gently is going to have a higher mortality than one that is handled           
 gently, and especially a fish caught in a gillnet, because ... if             
 they're gilled, they're going to die.  There's no question about              
 it.  The fish that are caught in that fishery are headed for the              
 Kuskokwim, the Yukon, Norton Sound and Kotzebue, the ones that are            
 in the conservation concern mode.  And some of those systems are              
 ... in excess of 1,000 miles in the ocean before they get to the              
 river they're going to go up.  And then, some of those fish, in the           
 case of the Yukon, have in excess of 2,000 miles to travel up the             
 river.  And then, they lose scales and have other physical damage             
 to them that exposes them to infection and bacteria and fungus and,           
 also, increased predation."                                                   
                                                                               
 Number 1980                                                                   
                                                                               
 REPRESENTATIVE OGAN asked what the estimated catch was of fish                
 being kicked back from that fishery.                                          
                                                                               
 MR. UMPHENOUR replied, "I've had a number of people tell me that              
 it's a very large amount, but there's just no way of knowing it,"             
 he said.  "I know that the Department of Public Safety, when they             
 did their investigation into it last year, they reported that they            
 were ... `frequently' returned to the water."                                 
                                                                               
 REPRESENTATIVE OGAN asked:  "So, if this chum cap ends up with an             
 adequate escapement to the Yukon-Kuskokwim, ... would you be                  
 willing to relax that?  And I would assume this probably has a                
 devastating impact on the Area M fishermen, doesn't it?"                      
                                                                               
 Number 2021                                                                   
                                                                               
 MR. UMPHENOUR responded, "Now, people could say it has a                      
 devastating impact on it.  Maybe it does.  But the people have to             
 consider the impact on the fisheries like Norton Sound, where the             
 commercial and sport fishery have both been closed since 1988.  And           
 portions of the subsistence fishing have been closed since 1990, I            
 mean totally closed.  There's four rivers there that are totally              
 closed to subsistence fishing and have been since 1990, and six               
 more rivers that have had severe subsistence restrictions put on              
 them.  The Area M fishery doesn't only fish in June, but, in the              
 case of the Norton Sound fishery, that's the only salmon fishery              
 they have, and ... it has a long history of fishing.  And they used           
 to average catching between 65[,000] and 70,000 chum salmon in the            
 Nome Subdistrict back in the 50s, when the salmon stocks were low             
 statewide."                                                                   
                                                                               
 MR. UMPHENOUR continued, "Their average catch in that district now,           
 for subsistence only, because that's the only fishery that's                  
 allowed, is in the neighborhood of 3,000 chum salmon.  And the                
 AreaM fishermen also have other fishery resources that they can               
 fish for besides salmon.  But they fish for salmon all the way up             
 into September.  So, they have many other ... alternative                     
 resources.  But the people in Norton Sound, the people in the                 
 Kuskokwim and Yukon and Kotzebue Sound, have no alternative fishery           
 resources to speak of.  And, also, the people in the Yukon here in            
 Canada.  That's why I'm here now, is discussing the rebuilding of             
 the salmon stocks on the Canadian side of the border."                        
                                                                               
 Number 2095                                                                   
                                                                               
 REPRESENTATIVE ELTON posed a question to be answered by Mr. Coffey            
 and Mr. Miller, as well, in their closing statements.  He asked Mr.           
 Umphenour whether he made a distinction between Alaska anglers and            
 the guided sport or sport/commercial fishery.                                 
                                                                               
 MR. UMPHENOUR replied, "Yes, I do."                                           
                                                                               
 REPRESENTATIVE ELTON asked how Mr. Umphenour would apply that                 
 distinction regarding policy.                                                 
                                                                               
 MR. UMPHENOUR responded, "My recommendation is this.  Hunting                 
 guides are required, for a number of reasons, to have an experience           
 factor of having hunted part of five years in the state of Alaska.            
 That's for a number of reasons, especially when they're taking                
 people on dangerous rivers and remote areas where there's lots of             
 bears around.  That's my first recommendation.  My second                     
 recommendation is that non-resident alien sport fishermen should              
 have to be guided.  There was a case on the upper Susitna, not this           
 year but the year before, where a fishing guide from the                      
 Netherlands sunk a boat and drowned and ... neither him nor any of            
 his clients even had a life jacket on.  But these people can't read           
 the regulation book.  They don't know what the regulations are                
 because they can't read the regulation book.  They have no concept            
 whatsoever of conservation of the resource and they should be                 
 required to be guided just like non-resident aliens are in the big            
 game industry. ...  Because there are a very large number of non-             
 resident guides, where their fisheries have been destroyed in the             
 Pacific Northwest, and some of them as far away as Florida, that              
 are coming up to Alaska, paying the $25 and declaring themself a              
 sport fish guide, and they are very unethical.  I've had complaints           
 from a number of resident guides on the Gulkana River in the                  
 Glennallen area, on the Kenai River and the Susitna drainage in               
 Bristol Bay, that have all complained to me about the unethical               
 activities of these non-resident guides that are coming up here to            
 make the big bucks and head back to Florida or California or                  
 wherever they come from."                                                     
                                                                               
 Number 2223                                                                   
                                                                               
 REPRESENTATIVE CARL MOSES said, "You've mentioned that enforcement            
 reported a high percentage of what is commonly known as `chum                 
 chucking'."  He asked where Mr. Umphenour got that information.               
                                                                               
 MR. UMPHENOUR replied he got it from Colonel Glass of the                     
 Department of Public Safety, who was the head state trooper for               
 fish and wildlife protection.  "And it was in a report that he                
 presented to the Board of Fisheries," he said.                                
                                                                               
 REPRESENTATIVE MOSES asked if there had been any arrests or                   
 violations written up.                                                        
                                                                               
 MR. UMPHENOUR responded, "Yes, there were, but not on that issue,             
 because there is no way to determine it.  There was a loophole in             
 the regulation and there was no way to determine whether the fish             
 were dead or alive, because they sink."                                       
                                                                               
 Number 2259                                                                   
                                                                               
 REPRESENTATIVE MOSES indicated that was different from the report             
 he himself had received.                                                      
                                                                               
 MR. UMPHENOUR stated, "The report from Colonel Glass said that the            
 fish were released frequently."                                               
                                                                               
 REPRESENTATIVE MOSES asked whether Mr. Umphenour felt there is                
 adequate enforcement and administration in Norton Sound and on the            
 Yukon River.                                                                  
                                                                               
 Number 2270                                                                   
                                                                               
 MR. UMPHENOUR replied that he felt there is.  "In the Yukon River,            
 the state troopers in 1994, ... for the Anvik River fishery, they           
 had four undercover troopers observing twenty fishermen fish," he             
 said.  "And in Norton Sound, that fishery's closed.  And the Yukon            
 River fishery, for the fall chums, was closed in 1992, 1993 and               
 1994 for commercial and sport fishing, and in 1993, totally closed            
 for subsistence, also, due to lack of chum salmon, while the AreaM            
 fishery still fish as much as they could.  ... In fact, in 1994 ...           
 and '95 both, they continuously fished the last 15 days of ... June           
 on those same fish stocks."                                                   
                                                                               
 REPRESENTATIVE MOSES stated, "It has been reported to me that                 
 you've made the statement you didn't care what the testimony was or           
 what the facts were, you wanted Area M closed."  He asked if that             
 was a true statement.                                                         
                                                                               
 MR. UMPHENOUR replied, "No, that's a false statement."                        
                                                                               
 Number 2330                                                                   
                                                                               
 CHAIRMAN AUSTERMAN thanked Mr. Umphenour and asked all appointees             
 to stay on line, informing them they would have an opportunity for            
 closing statements following public testimony.                                
                                                                               
 Number 2352                                                                   
                                                                               
 ALVIN D. OSTERBACK, Mayor, City of Sand Point, testified that he              
 was a fisherman from Area M and had attended the recent Board of              
 Fisheries meeting.  He spoke on each appointee. "I would hope that            
 the legislature would go ahead and approve Grant Miller," he                  
 stated.  "I worked with him in the past on the UFA board of                   
 directors.  I think he is quite knowledgeable, has a lot of fishing           
 experience, and he's a good addition to the Board of Fish[eries]              
 and to the process."                                                          
                                                                               
 MR. OSTERBACK stated, "We had mixed feelings on Mr. Coffey.  I sat            
 at the past couple of board meetings watching him work.  I know               
 that he spends a lot of time learning the issues, studying the                
 documents before him.  Knowing that he hasn't been involved in the            
 process in the past, I wanted to see how he would react to the                
 issues that were in front of the board.  I think he did all his               
 homework."  Mr. Osterback said he had been attending Board of                 
 Fisheries meetings ever since there was a 13-member board.  Mr.               
 Coffey was the first board member he had seen organizing in boxes             
 all the data pertaining to each item as it came up.  "And I was               
 kind of impressed with that," he said, adding that he felt Mr.                
 Coffey was trying to be fair.  "We didn't come out of this last               
 meeting real pleased with what we wound up with, but I think he did           
 a fair job on the issues that we were dealing with, so, I would               
 recommend that he would be a fair and good balance to the board               
 process," he concluded.                                                       
                                                                               
 Number 2430                                                                   
                                                                               
 MR. OSTERBACK referred to Mr. Umphenour and said, "I think if I               
 [were] you, I would listen to some of the tapes from the past board           
 meetings before I made a decision.  And my personal opinion is that           
 he has a closed mind and is just plain not capable of learning.               
 And I don't think he wishes to.  I think he's there with a set                
 agenda.  I'm sorry, I wouldn't recommend him."                                
                                                                               
 DORNE HAWXHURST, Cordova District Fishermen United (CDFU),                    
 testified via teleconference that she represented several hundred             
 fishermen in what was referred to as "ADF&G Management Area E."               
 She stated CDFU was concerned about the appointment of Mr. Coffey.            
                                                                               
 TAPE 96-18, SIDE B                                                            
 Number 0005                                                                   
                                                                               
 MS. HAWXHURST expressed CDFU's concern about bias on the part of              
 Mr. Coffey stemming from his involvement with the F.I.S.H.                    
 initiative, which she said was a direct attempt to by-pass the                
 Board of Fisheries process.                                                   
                                                                               
 Number 0081                                                                   
                                                                               
 REPRESENTATIVE OGAN asked Mr. Osterback whether he thought Mr.                
 Umphenour had so much influence on the Board of Fisheries that he             
 could adversely impact his fishery.                                           
                                                                               
 MR. OSTERBACK replied, "I believe that with the amount of members             
 that you have on the board, I think what you should be looking for            
 is to have a board that's impartial and looks at all the                      
 information before them that they get from the staff, the                     
 biologists, public testimony that comes in. ... I feel that if you            
 have a board member ... that basically has his own agenda, does not           
 respond to staff reports, public testimony, then I feel that you,             
 in fact, have one member that's not acting in the best interests of           
 the state or the fishing industry.  And with the fishing industry             
 being one of the largest employees and a large part of the work               
 force in the state of Alaska, I feel that ... you're doing an                 
 injustice to the fishing industry by having somebody that sits                
 there and continually pushes his own agenda, and refuses to look at           
 the data presented to him."                                                   
                                                                               
 Number 0146                                                                   
                                                                               
 REPRESENTATIVE OGAN noted that Mr. Umphenour had quoted data and              
 said many fish runs were severely depleted.  He said the bottom               
 line was that without escapement, everybody loses.  "And if there's           
 a problem in the Yukon River, which apparently there is, then while           
 ... the different user groups are fighting amongst themselves, the            
 run crashes and nobody wins," Representative Ogan stated.  He                 
 acknowledged that the three appointees had different interests but            
 suggested on the whole, there was balance.  He asked:  "Do you                
 think that that's impossible with Mr. Umphenour?"                             
                                                                               
 MR. OSTERBACK responded, "Yes, I do."  He said the main issue in              
 his area was over chum, which had been under consideration for 15             
 years.  He noted he had perhaps missed one board meeting over the             
 years.  He believed fishermen, as a whole, were conservative and              
 wanted to see the fish come back forever, especially in areas such            
 as his, where there were generations of fishermen, and up in the              
 AYK.                                                                          
                                                                               
 MR. OSTERBACK said there were problems, which he believed the board           
 realized.  He said, "Yes, we've participated in ... the tagging               
 study that was done.  We've participated in anything that the state           
 has asked us to do in trying to help out with the conservation                
 problems up in the AYK area. ... I just feel that, with the amount            
 of effort that everyone puts into it from both areas, that Mr.                
 Umphenour fails to look at the issues that are presented, to look             
 at the facts that are presented to him, and basically has an                  
 agenda."                                                                      
                                                                               
 Number 0272                                                                   
                                                                               
 REPRESENTATIVE OGAN commented that there was a history of                     
 overfishing nationwide.  "And I don't know whether it's fishermen             
 or where you point the fingers, but fishing's gone everywhere                 
 else," he said.  "That's why they're coming here."                            
                                                                               
 MR. OSTERBACK suggested listening to the tapes.                               
                                                                               
 Number 0297                                                                   
                                                                               
 DAN WINN testified via teleconference from Homer, saying he was a             
 commercial fisherman who had lived there since 1970.  He believed             
 Mr. Coffey's position, as expressed in the F.I.S.H. initiative, was           
 extremely radical and not good for the state or the fishery in                
 general.  Although he appreciated efforts of members of the Board             
 of Fisheries and the Board of Game, he hated to see either board be           
 radicalized and wished to see someone more reasonable appointed.              
 He emphasized that if a commercial fisherman came up with something           
 as radical as the F.I.S.H. initiative, but "on the other side", he            
 would not support that person being on the board, either.                     
                                                                               
 Number 0384                                                                   
                                                                               
 TAMMIE SHRADER testified via teleconference from Homer, saying she            
 adamantly opposed the confirmation of Dan Coffey.  She believed he            
 could not be impartial dealing with commercial fishing issues and             
 cited the F.I.S.H. initiative as a reason.                                    
                                                                               
 MS. SHRADER asked why the confirmation hearings were not held in              
 February, when more fishermen were available for public comment.              
                                                                               
 CHAIRMAN AUSTERMAN acknowledged that was a good question for which            
 he had no answer.  He suggested that perhaps the legislature needed           
 to consider that for next year.                                               
                                                                               
 Number 0443                                                                   
                                                                               
 CINDY AMBERFIELD testified from Kodiak, saying she owned a candy              
 store and had experience representing a local group called Alaskans           
 for a Fishing Future, which had been involved in commercial fishing           
 issues in the past year.  She said, "I am appalled that ... neither           
 of the gentlemen from Kodiak who were nominated for a position on             
 the board have been accepted for that position or are a part of               
 this confirmation hearing."  She said there was no representative             
 on the board from Kodiak.  "And these are the people whose lives              
 are most affected by board decisions," she said, emphasizing the              
 importance of commercial fishing to Kodiak's economy.  She urged              
 reconsideration of Mr. Coffey's nomination.                                   
                                                                               
 Number 0526                                                                   
                                                                               
 DICK H. BOWER, SR., Member, Board of Fisheries, testified via                 
 teleconference from Anchorage, noting that he lived in Soldotna.              
 He pointed out that Mr. Umphenour, who had previously been                    
 confirmed by the legislature, had spent considerable time on the              
 board.  Mr. Bower believed that the public and the legislature                
 could judge his performance based on that.                                    
                                                                               
 MR. BOWER recalled that he had faced a situation 26 months earlier            
 similar to that faced by Mr. Miller and Mr. Coffey.  Within a month           
 of being appointed, Mr. Bower had been involved in meetings                   
 involving some of the most contentious issues faced by the board.             
 Confirmation following those meetings was one of the most difficult           
 situations he had faced in his professional life, he said.  On that           
 basis, he was commenting on performance by Mr. Miller and Mr.                 
 Coffey during the two meetings in which they participated as                  
 members.                                                                      
                                                                               
 MR. BOWER said both Mr. Miller and Mr. Coffey did a fine job in               
 quickly determining the rules and the direction under which the               
 board operates.  Both had proven very effective at taking the                 
 masses of material they had to go through, along with public                  
 testimony and staff reports, to fully participate in "the proposal            
 and the province that the board faced."  Both showed themselves to            
 be articulate, critical thinkers who asked questions to obtain                
 needed information from staff, public testimony, or the reactions             
 of fellow board members.                                                      
                                                                               
 MR. BOWER noted that Mr. Miller had provided relevant information             
 in a couple of instances, and given valuable advice.  He believed             
 Mr. Coffey was able to carefully analyze information.  Mr. Bower              
 had written a set of findings with Mr. Coffey in connection with              
 the last board meeting and believed Mr. Coffey had done a fine job            
 with that.  Mr. Bower stated, "He's able to bring to us his                   
 knowledge of the law and the way that we need to approach some of             
 these things where, unfortunately, the board seems to find it's               
 continually faced with some kind of conflict or some kind of                  
 litigious situation."   He concluded by stating his full support              
 for confirmation of Mr. Miller and Mr. Coffey.                                
                                                                               
 Number 0747                                                                   
                                                                               
 JIM RICHARDSON testified via teleconference from Anchorage in                 
 support of Mr. Coffey's confirmation.  Involved with management of            
 commercial and sport fisheries, as well as "management of                     
 recreational users" on the Kenai River, he had watched the board              
 process for 20 years.  He referred to Cook Inlet and said there was           
 a growing population that wanted to see change, whereas the board             
 process had been directed to protect the status quo.  Mr.                     
 Richardson believed change was needed and that people like Mr.                
 Coffey, who had the necessary skills, intelligence, and ability to            
 take a stand, should be on the board.                                         
                                                                               
 MR. RICHARDSON said Mr. Coffey could not be intimidated and                   
 indicated people had been physically threatened and board members             
 "almost pushed around" at a recent board meeting.  "Mr. Coffey, who           
 is up for confirmation, was threatened that if he didn't vote a               
 particular manner on an issue, that his confirmation would be                 
 blocked," Mr. Richardson asserted, indicating that if the game was            
 to be played that way, the legislature should get rid of the board            
 process altogether.  He pointed out the amount of time required of            
 board participants and said "we should thank our lucky stars that             
 he's there to take that on."                                                  
                                                                               
 Number 0909                                                                   
                                                                               
 BILL SULLIVAN testified via teleconference from Kenai that he                 
 strongly opposed Mr. Coffey's confirmation.  "When Governor Knowles           
 lobbied the commercial fishermen for their vote, prior to being               
 elected, he stated that he would not allow a board appointee to act           
 on issues in the Board of Fish[eries] prior to being confirmed by             
 the legislature," Mr. Sullivan stated, indicating he did not                  
 believe Mr. Coffey could divorce himself from the F.I.S.H.                    
 initiative, for which he understood Mr. Coffey to be a co-author.             
 Mr. Sullivan believed the initiative was irresponsible.                       
                                                                               
 MR. SULLIVAN stated he was bothered that Mr. Coffey had not                   
 divulged his connection with the Cook Inlet Sportfishing Caucus,              
 for which, to Mr. Sullivan's understanding, Mr. Coffey was and                
 might still be an attorney.  He noted that Bob Penney was president           
 of that caucus.                                                               
                                                                               
 Number 0990                                                                   
                                                                               
 LOU CLARK, United Cook Inlet Drift Association, testified via                 
 teleconference from Anchorage, saying he had fished in Cook Inlet             
 for over 30 years.  He strongly opposed confirmation of Dan Coffey            
 and Virgil Umphenour and stated concern about bias in both                    
 instances.  However, he supported Grant Miller, who, he believed,             
 could look at both sides of the coin.                                         
                                                                               
 JOHN McCOMBS testified via teleconference from Kenai in opposition            
 to the appointment of Dan Coffey, who he believed had been cavalier           
 in procedures regarding allocation criteria during board meetings.            
 Like previous testifiers, he was concerned about bias related to              
 the F.I.S.H. initiative.  He was also concerned about conflicts of            
 interest involving other clients, for whom he wished to see a list.           
 He spoke against Mr. Umphenour's appointment.  However, he favored            
 Mr. Miller's confirmation and believed he had a broad enough                  
 background to do a good job.                                                  
                                                                               
 Number 1081                                                                   
                                                                               
 DAVID HORNE testified via teleconference from Anchorage in                    
 opposition to Mr. Coffey's confirmation.  He referred to the Alaska           
 Public Offices Commission (APOC), from whom he had a copy of a                
 letter addressed to Mr. Coffey as the attorney for the Cook Inlet             
 Sportfishing Caucus.  "And there are three pending allegations that           
 have not been resolved," he said.  He also believed having three              
 sport fishing representatives from Cook Inlet was overkill on the             
 board.  He said the action at the last board meeting effectively              
 crippled the commercial fishing industry in Cook Inlet.                       
                                                                               
 MR. HORNE spoke in favor of Mr. Miller.  He felt Mr. Umphenour had            
 done a credible job and listened to both sides, although he did not           
 vote the way Mr. Horne would have wanted.                                     
                                                                               
 Number 1193                                                                   
                                                                               
 LARRY VAN SKY testified via teleconference, saying he had lived in            
 North Kenai since 1952.  He related that he had just spent five               
 days in Anchorage at the Board of Fisheries hearings, his first               
 experience there, and was disappointed in how he perceived the                
 board to receive its information.  Mr. Van Sky said he was "very              
 perplexed with Dan Coffey" and spoke against his appointment.  He             
 cited concerns about bias and impartiality due to other                       
 affiliations.                                                                 
                                                                               
 MR. VAN SKY questioned the inclusion of three board members from              
 the Cook Inlet area, Dan Coffey, Larry Engel and Dick Bower, all              
 affiliated with sport fishing organizations.  He believed the board           
 had a built-in bias towards sport fishing and asked how one could             
 suggest there was a bias towards commercial fishing, which he                 
 believed was less well represented.  He further noted that no board           
 member was from Kodiak or Prince William Sound.  Referring to the             
 Kenai River, he suggested there had been attempts, successful thus            
 far, to allocate fisheries towards the tourist industry in Alaska.            
 "And I'm not opposed to tourism, but ... I would just like to see             
 them be more impartial on how they look at the commercial                     
 interests, as well," he stated.                                               
                                                                               
 MR. VAN SKY said he opposed the appointment of both Mr. Coffey and            
 Mr.Umphenour.  He concluded with comments about commercial fishing            
 in Cook Inlet and said what was currently happening with the board            
 limited his ability as a recent purchaser of a commercial license             
 to tell what would happen with Cook Inlet's fishery.                          
                                                                               
 Number 1454                                                                   
                                                                               
 BEN ELLIS, Executive Director, Kenai River Sportfishing                       
 Association, testified via teleconference that his nonprofit                  
 organization, based in Soldotna, supported confirmation of Dan                
 Coffey and Virgil Umphenour.  He cited dedication to the protection           
 of genetic diversity and the resource as reasons, indicating non-             
 commercial users had a constitutional right that should be met                
 before allowing responsible commercial harvest.  He recalled that             
 Mr. Coffey had been praised during the board hearings on Cook Inlet           
 by Paul Ruesch, commercial fisheries regional biologist with the            
 Department of Fish and Game, who told Mr. Ellis he had gained                 
 tremendous respect for Mr. Coffey, as he asked good questions and             
 was very willing to learn.  "We totally agree," stated Mr. Ellis.             
 He referred briefly to Virgil Umphenour, saying he was highly                 
 qualified and placed the resource first.                                      
                                                                               
 Number 1606                                                                   
                                                                               
 GARY HOLLIER testified via teleconference that he had been an                 
 Alaska resident in the Kenai area for 42 years.  He thought Mr.               
 Coffey could do a fine job in any area of the state besides Cook              
 Inlet, where Mr. Hollier felt Mr. Coffey was biased against                   
 commercial fishermen.  He cited the F.I.S.H. initiative and Mr.               
 Coffey's affiliation with Bob Penney, who had "tried for years to             
 cut back and eliminate the commercial fishery in Cook Inlet."                 
                                                                               
 MR. HOLLIER recalled that a commercial fisherman had testified                
 before the board against proposals that would have restricted his             
 ability to make a living, urging the board not to do anything to              
 cause further habitat damage to the Kenai River.  His first time to           
 testify, the fisherman was nervous, Mr. Hollier said.  "When he was           
 done, Mr. Coffey jumped down his throat," he said.  "I thought he             
 was very arrogant and his attitude towards this fisherman was                 
 uncalled-for."  He referred to the Blanchard Line, about which Mr.          
 Coffey had no knowledge at the meetings, and said, "If you don't              
 understand that, you cannot make any sound decisions when it comes            
 to Cook Inlet allocation with red salmon."                                    
                                                                               
 MR. HOLLIER pointed out that even if commercial fishermen had                 
 dominated the Board of Fisheries, they had come from Elfin Cove,              
 Sand Point, Sitka, or the Yukon River, for example.  There had                
 never been three people from the same interest group on the Board             
 of Fisheries, he stated, reiterating his desire not to see Mr.                
 Coffey confirmed.  He concluded by stating his full support of                
 Grant Miller and added, "I don't have much comment on Mr.                     
 Umphenour."                                                                   
                                                                               
 REPRESENTATIVE OGAN asked if Mr. Hollier was asserting Mr. Engel              
 was biased.                                                                   
                                                                               
 Number 1788                                                                   
                                                                               
 MR. HOLLIER replied he thought Mr. Engel was biased towards sport             
 fishing efforts.                                                              
                                                                               
 REPRESENTATIVE OGAN asked:  "And do you believe the agenda of the             
 "Fearsome Three" [Coffey, Engel and Bower] is to eliminate ...                
 commercial fishing in Cook Inlet?  Is that what your testimony is?"           
                                                                               
 MR. HOLLIER said he definitely got that feeling at the last                   
 meeting.  "There was no biological data to indicate that there                
 should be more red salmon put into the Kenai River," he said.  "In            
 fact, testimony was overwhelming not to put more red salmon into              
 the Kenai River to exasperate habitat damage.  If we're not going             
 to listen to our biologists, let's get rid of them. ... The                   
 testimony was overwhelming not to do it, and this board went and              
 did it.  Now, if you can tell me that that isn't a preconceived               
 agenda, then I missed the big picture there."                                 
                                                                               
 Number 1893                                                                   
                                                                               
 GRACE KENDALL testified via teleconference from Kenai in opposition           
 to Mr. Coffey and Mr. Umphenour.  "I think their political agenda             
 has no place on the fish board," she said, indicating this was                
 particularly true for Mr. Coffey.  She stated that the board had              
 become so unbalanced and political that it appeared hardly anyone             
 remained on the board who was truly interested in the health of the           
 salmon runs or the rivers.                                                    
                                                                               
 Number 1995                                                                   
                                                                               
 PAUL SHADURA testified via teleconference from Kenai in opposition            
 to confirmation of Dan Coffey, whom he characterized as a "back               
 door man" and a "magician".  He indicated Mr. Coffey should divulge           
 his client list so the public could see if there is a conflict of             
 interest.  He also suggested the legislature should not condone               
 ethics violations.                                                            
                                                                               
 Number 2071                                                                   
                                                                               
 DENBY LLOYD, Chief Resource Analyst, Aleutians East Borough,                  
 testified via teleconference from Anchorage, saying he had                    
 experience in state management of fisheries and had been around the           
 Board of Fisheries process for some time, as well as the North                
 Pacific Fisheries Management Council process.  His impression of              
 the board appointees had developed from a wait-and-see attitude.              
 Given that the board was supposed to have people of divergent views           
 from around the state, he thought the best that could be hoped for            
 was that those on the board would be intelligent in their                     
 understanding of information and respond to public concerns.  He              
 said it was unusual for the borough or him personally to comment on           
 confirmations.                                                                
                                                                               
 MR. LLOYD said although he had no familiarity with Mr. Coffey                 
 before the last meeting, he was more than pleasantly surprised with           
 his performance.  "Mr. Coffey not only was exceedingly diligent,              
 particularly for a first board member, but I think in comparison to           
 any board member, in his pursuit of the information and pursuit of            
 a wide variety of views on the issues before him and in his                   
 analytical ability to cut through some of the fluff, cut to the               
 kernel of things and make his personal judgment on that and bring             
 that to the board."                                                           
                                                                               
 MR. LLOYD said he had similar comments for Mr. Miller, with whom he           
 had been familiar previously from involvement with fisheries                  
 issues.  He emphasized Mr. Miller's fair manner.  Mr. Lloyd                   
 concluded by saying his personal recommendation, as well as that of           
 the Aleutian East Borough, was "a hearty confirmation for Dan                 
 Coffey and Grant Miller."                                                     
                                                                               
 Number 2342                                                                   
                                                                               
 CHAIRMAN AUSTERMAN asked if there were others who wished to                   
 testify.  He then asked if the committee had specific questions,              
 noting that all three appointees would provide closing statements.            
                                                                               
 REPRESENTATIVE ELTON prefaced his question by saying Mr. Umphenour            
 had already addressed it.  He asked Mr. Coffey and Mr. Miller to              
 address, in their closing statements, whether they believed there             
 was or should be a distinction between Alaska anglers and the                 
 guided sport/commercial fisheries.                                            
                                                                               
 [END OF TAPE - COMMENTS BY CHAIRMAN AUSTERMAN CUT OFF]                        
                                                                               
 TAPE 96-19, SIDE A                                                            
 Number 0005                                                                   
                                                                               
 CHAIRMAN AUSTERMAN called upon Grant Miller to make a closing                 
 statement.                                                                    
                                                                               
 MR. MILLER said, "First of all, ... I very much support this board            
 process.  I believe it is a system that has worked well for this              
 state.  It obviously has areas where it needs improvement, and one            
 of those you just identified in terms of the issues that continue             
 to be taken up during the out-of-cycle process.  I think that there           
 are some options that we can look at to make this board more                  
 efficient.  I would like to see some mechanisms whereby, possibly,            
 we strengthen the advisory committee and require that proposals               
 pass through these advisory committees before they reach the Board            
 of Fish[eries].  It would certainly, I think, help to eliminate the           
 volumes of proposals that we get before this board.  And it would             
 also, I would think, help to get those issues out on the table in             
 the regions from which they come, so that much of that is not ended           
 up being discussed at the Board of Fish[eries] level to the extent            
 that it is now."                                                              
                                                                               
 Number 0133                                                                   
                                                                               
 MR. MILLER suggested at meetings he had attended, there was a                 
 common theme, particularly involving Cook Inlet.  "We continually             
 get issues before us that are very difficult for this board to                
 reach a resolution on, either because research is limited, in some            
 cases, non-existent," he said.  "Enforcement problems are another             
 common concern that people have brought to us.  And the other is              
 habitat protection."                                                          
                                                                               
 MR. MILLER noted the guided sport fishery was expanding, whereas              
 almost all commercial fisheries were limited and the resident sport           
 effort had remained relatively constant.  "And when it comes to               
 allocation issues, that is always a point that brings a great deal            
 of contention in these discussions," he said.  "I guess what I                
 would like to see ... the state do is take a lead in providing                
 funding for research, for enforcement, and particularly for habitat           
 protection, and I think these things are very critical to the board           
 making good decisions and to preserving and protecting the                    
 resources that we have here, that are the best in the world and I             
 would like to see remain that way forever."                                   
                                                                               
 Number 0278                                                                   
                                                                               
 REPRESENTATIVE OGAN said it had been asserted there was a                     
 conspiracy by the board to eliminate commercial fishing.  He asked            
 whether Mr. Miller thought that was a well-founded assertion.                 
                                                                               
 MR. MILLER responded that he had never felt there was any kind of             
 conspiracy in regards to that.                                                
                                                                               
 REPRESENTATIVE OGAN said, "Whenever there's an allocation with                
 game, commercial users - I'm talking about guides, primarily -                
 readily accept the fact that they're the first to go.  And it                 
 doesn't seem to be the situation with commercial users of fish.               
 ... Residents take priority in game allocation issues."  He asked             
 Mr. Miller to comment.                                                        
                                                                               
 Number 0383                                                                   
                                                                               
 MR. MILLER replied, "Well, I would certainly like to think that               
 Alaska residents would have priority over their resource,                     
 regardless of whether it's fish or game. ... At this point, I think           
 we have a relatively adequate resource ... that we can provide some           
 ... usage by great numbers of people.  But I think that unless we             
 have some kind of a handle on fisheries such as the guided sport              
 fishery, which is expanding, we will probably continue to have                
 things of a contentious nature appear before this board regarding             
 allocations of the resource, which does have a limit.  And it is              
 fully utilized at this point."                                                
                                                                               
 REPRESENTATIVE OGAN concurred.                                                
                                                                               
 CHAIRMAN AUSTERMAN thanked Mr. Miller and called upon Dan Coffey.             
                                                                               
 Number 0452                                                                   
                                                                               
 MR. COFFEY said it was important to understand that prior to his              
 appointment, Governor Knowles did not ask him to do anything in               
 particular or anything specific.  "In fact, in the two meetings we            
 had, he stressed over and over again that he wanted me to support             
 the board process," Mr. Coffey said.  "And I know why the F.I.S.H.            
 initiative rose.  It rose out of frustration with the board                   
 process.  And I know that the Governor does not support that                  
 initiative and he wants the board process to work."                           
                                                                               
 MR. COFFEY continued, saying the best way to make the board process           
 work is to appoint diverse people who are willing to work hard and            
 do their best to serve the interests of all people in Alaska,                 
 recognizing that the resource is public and nobody has a claim on             
 it.  "The sports people don't have a claim on it, the commercial              
 fishermen don't have a claim on it," he said.  "It's a common                 
 resource and we have to share the resource."                                  
                                                                               
 MR. COFFEY promised to support the board process, which to him                
 meant showing up for meetings, reading the material and doing his             
 best to understand the issues and consequences.  "I have to listen            
 to all the people who testify," he said.  "And I don't think any of           
 those people in Kenai who testified against me would deny that I              
 would come out into the audience during breaks and I would talk to            
 them and we would discuss and debate it.  Their problem is, they              
 don't like the way we voted on a couple of issues, and so, they're            
 against me ... and that's fine.  That's their choice.  But I did              
 that because I thought that was the best way to go, not to get them           
 or punish them or do anything evil to them, but that's just the way           
 I saw the issues.  So, I support the board process.  And that's the           
 way it will be as long as I'm permitted to serve on the board."               
                                                                               
 Number 0596                                                                   
                                                                               
 MR. COFFEY suggested Mr. Shadura could obtain his client list,                
 which had been on file for several weeks, from the Alaska Public              
 Offices Commission.  "I wanted also to answer the APOC issue                  
 relative to Cook Inlet Sportfishing Caucus," he said. "In 1994, I             
 was hired to represent that caucus in a matter before the Alaska              
 Public Offices Commission.  We filed various reports, and ..., I              
 think, ... sometime in early 1995, the last matter was filed before           
 the APOC.  Nothing was heard from the APOC for months, until                  
 certain commercial fishing interests in Kenai reactivated the                 
 investigation, and I then received this letter, to which one of               
 these gentlemen, I believe Mr. Horne, referred to."                           
                                                                               
 MR. COFFEY continued, "Immediately upon receiving a letter in a               
 matter that was more than a year old, I contacted another attorney            
 and the case has been handed off to him.  That's Mr. Dan Hensley.             
 It was my thought that the matter had been resolved in late '93 or            
 early 1994, with the final (indisc.), and inasmuch as nothing more            
 had been heard for a year or more, thought nothing of it, although            
 I did ... disclose that on my initial ethics statement, to the                
 initial meeting of the board, that in the past I had represented              
 Cook Inlet Sportfishing Caucus, and that was on the record at the             
 very first meeting and the very first ethics disclosure."  Mr.                
 Coffey asserted he had no affiliation with it and said it would be            
 inappropriate.                                                                
                                                                               
 Number 0723                                                                   
                                                                               
 MR. COFFEY noted that on the issue of putting more fish in the                
 Kenai River, the vote on the board was 7-0.  He referred to the               
 issue of Alaska anglers versus guided sport and said the board had            
 heard a lot of testimony about that.  "And the problem that we                
 faced in trying to deal with it was that the guided sport are not             
 commercial fishermen by statutory definition," he explained.                  
 "Therefore, we were faced with a situation where statutorily and on           
 regulation, we could not do anything to differentiate between                 
 Alaska anglers and guided sport."                                             
                                                                               
 MR. COFFEY continued, "My understanding is that there's legislation           
 pending in front of you folks that would change that definition and           
 make it possible for this emerging commercial industry to be                  
 subject to regulation, either by the Commercial Fisheries Entry               
 Commission or by the Board of Fish[eries].  And my feeling is that,           
 as any other takers of the resource, they ... need to be regulated            
 and their harvest and their methods and their means, and all these            
 other things that relate to how they operate, needs to be brought             
 under the control of the Board of Fish[eries] or some other                   
 regulatory entity.  And I believe that, based on everything I've              
 seen, that the Board of Fish[eries] would be the best for that.               
 And I would like to see us have the ability to do that, because we            
 were hampered in our efforts to do that because of existing                   
 statutory schemes."                                                           
                                                                               
 Number 0827                                                                   
                                                                               
 MR. COFFEY indicated the out-of-cycle problem had been a matter of            
 debate among board members.  "It's a problem which is a problem,"             
 he said.  "If it continues to grow, we would probably be in a                 
 situation where the state would be better served by a full-time               
 professional board much like the Alaska Public Utilities                      
 Commission, because we'll get overwhelmed with it.  Right now, it             
 takes somewhere in the neighborhood of a third of a year for people           
 to deal with these issues. ... And I, for one, would like very much           
 to keep everything in cycle.  We were, I felt, compelled to deal              
 with Area M out of cycle because of a statement by Judge Erlich in            
 Nome, which in essence closed an entire commercial fishery.  And              
 so, we called a special meeting because his ruling was that `if the           
 board would give findings as to why they did what they did, then my           
 injunction would be lifted'.  And so, we met and spent the extra              
 time to ensure that there would be a commercial fishery where there           
 has been a commercial fishery since, at least, from our data, ...             
 1910."                                                                        
                                                                               
 MR. COFFEY continued, "So, we get faced with some of those things             
 that are outside of our control, that mandate we do it.  But to the           
 extent that we allow ourselves to get out of the three-year cycle,            
 I think we're doing a disservice to the public and I think we're              
 burdening ourselves unnecessarily.  So, I, for one, am a board                
 member who supports keeping things in cycle and not taking them out           
 of context.  That lends continuity to the fisheries and it limits             
 the amount of work that the board is forced to do in its very                 
 limited time."                                                                
                                                                               
 Number 0934                                                                   
                                                                               
 MR. COFFEY referred to statements made by Mr. Hollier, who believed           
 Mr. Coffey was biased with regards to Cook Inlet.  He asserted that           
 the reason for opposition to his appointment was disagreement with            
 decisions made.  "But his comment about I would do a good job                 
 elsewhere is probably more telling, because I will work real hard             
 to do a good job elsewhere and I will treat this common resource in           
 a manner which is, in my opinion, fair and equitable to all the               
 people in the state of Alaska," Mr. Coffey concluded.                         
                                                                               
 Number 0982                                                                   
                                                                               
 REPRESENTATIVE ELTON said there had been discussion in committee              
 about the fairness of making legislative appointments after a                 
 person had served.  "And I'm not going to second-guess any of your            
 judgments from the previous Board of Fish[eries] meeting," he said,           
 "because that's not fair to you and I wouldn't want anybody to be             
 making any decision on the board based on whether they thought it             
 would help them get confirmed or not."                                        
                                                                               
 REPRESENTATIVE ELTON expressed appreciation for Mr. Coffey's                  
 statement of commitment to the board process.  However, he said,              
 "There are some, and I probably count myself as one of them, ...              
 who would say if you're committed to the board process, an                    
 allocation of a common property resource through the board, that              
 that commitment can best be expressed by opposing the F.I.S.H.                
 initiative."  He asked for Mr. Coffey's response.                             
                                                                               
 Number 1051                                                                   
                                                                               
 MR. COFFEY stated, "The best place to do Board of Fish[eries]                 
 business is on the Board of Fish[eries].  The next best place is              
 the legislature.  And the worst place is in the initiative process.           
 And had the frustration level not been so high with the process at            
 the board level, I do not believe the F.I.S.H. initiative ever                
 would have come to life."                                                     
                                                                               
 MR. COFFEY offered an example, saying, "There is an Upper Cook                
 Inlet Salmon Management Plan, which deals with how Upper Cook Inlet           
 salmon stocks will be dealt with, based on nature of the species              
 and the time of the runs of those species.  And only at this last             
 board meeting did we address some of the issues relative to how               
 that plan would be implemented.  And that plan has been in effect             
 since 1979.  So, that's where the frustration level comes from.               
 And so, I don't believe that the F.I.S.H. initiative is a good                
 solution.  It ... cast in concrete a methodology that the board               
 would have to apply....  I'm trying to say that the board should be           
 allowed the discretion.  If what works in Year 1 doesn't work in              
 Year 5, the board should not be hamstrung to the point where it               
 can't get around things based on either statute or initiative or              
 any other legislative way of doing business. ... I much prefer the            
 board process.  I think it's the best of all three ways."                     
                                                                               
 Number 1142                                                                   
                                                                               
 REPRESENTATIVE ELTON said the answer that would have given him the            
 highest comfort level would have been an expression of belief by              
 Mr. Coffey that the board, which he was now a part of, was capable            
 of making allocation decisions.  He further would have liked to               
 have heard that Mr. Coffey strongly believed, and advised his                 
 former cohorts thus, that the initiative process was the wrong way.           
                                                                               
 MR. COFFEY replied, "Well, I do believe that the board is capable             
 of making allocation decisions.  And I do believe that we do not              
 need the F.I.S.H. initiative."                                                
                                                                               
 Number 1190                                                                   
                                                                               
 REPRESENTATIVE ELTON said one problem was lack of confidence in the           
 board process, not necessarily because of what the board had or had           
 not accomplished.  "For example, I can make an argument that the              
 board has been extremely effective in the last two decades, given             
 that we are now harvesting ten times as many salmon as we did in              
 the mid-1970s," he said.  "And I think that's a strong indication             
 of success.  But despite that, there is a perceptual problem."                
 Representative Elton asked if Mr. Coffey saw a problem with the               
 position he was now in.  He said, "I have the sense that you could            
 speak with the voice of God, and many Alaskans are going to hear              
 not what you're saying but what they think you're saying.  ... And            
 I guess if I were in that position, I'm not sure I'd want to put              
 myself on the board."                                                         
                                                                               
 MR. COFFEY replied, "After three meetings of the length and                   
 duration and amount of effort that we've had to put out, I'm not so           
 sure, either."  He said he had lived in Alaska for 50 years and               
 very much believed in the public process, which he had been                   
 involved with in elections and political life for a long time.  "I            
 thought I would bring something of value to the board," he said.              
 "Certainly, I have concepts and ideas and beliefs that I bring with           
 me. ... And I think that my strength is that I'm willing to work              
 and be analytical about things, and I try to have an open mind                
 about things.  Have I done things that put some fear in people?               
 Absolutely, I've done things.  But there are some things they ought           
 to think about, too. ... I had a commercial fishing vessel for six            
 or seven years.  And I understand ... some of the fears that these            
 people have relative to the commercial fishery.  And it's                     
 particularly exacerbated ... this year with the low fishing prices            
 and the farm fish and all these things that lead people to believe            
 that their livelihood and their lifestyles are in jeopardy.  And              
 those factors all go into consideration when we make decisions.               
 Beyond that, I don't know how to respond."                                    
                                                                               
 Number 1359                                                                   
                                                                               
 REPRESENTATIVE OGAN referred to testimony about threats made at a             
 board meeting.  He asked if that was factual and whether it                   
 concerned him.                                                                
                                                                               
 MR. COFFEY replied, "No.  As I said earlier, I have a kind of                 
 specialized practice.  I do represent liquor license clients. ...             
 I have been threatened, both physically and with confirmation, but            
 it's people who are angry and fearful. ... And sometimes people say           
 things that they ... really don't mean just because they're angry             
 and fearful.  And, so far, there hasn't been anything overt.  And             
 the people who are opposed to me have been mostly decent, courteous           
 folks, which they are, and they have mostly spoken out against my             
 views and not against me, personally, although that's not entirely            
 true, you know, there's a couple of people who get into ... a                 
 personal thing, rather than my views. ... I'm not easily                      
 intimidated, nor am I afraid that something will happen to me,                
 either physically or otherwise.  And if I'm confirmed, I'll work              
 hard.  If I'm not confirmed, ... I'll go on with my life."                    
                                                                               
 CHAIRMAN AUSTERMAN thanked Mr. Coffey and called on Virgil                    
 Umphenour.                                                                    
                                                                               
 Number 1448                                                                   
                                                                               
 MR. UMPHENOUR stated, "I do have an agenda.  And my agenda is to              
 look out for the sustained yield of the resource in this state.  We           
 have a lot of areas in the state where we have conservation                   
 problems, and there's various reasons why they do.  And it's the              
 board's mandate to manage the fisheries for sustained yield, from             
 the constitution of the state.  And the only thing is, the                    
 constitution defines sustained yield in some cases; in the case of            
 fish, it doesn't.  And so, it's up to each individual board member            
 to more or less formulate his own definition of what sustained                
 yield is.  And I'd like to give you my definition."                           
                                                                               
 Number 1491                                                                   
                                                                               
 MR. UMPHENOUR said, "Sustained yield is the amount of fish - if               
 we're talking about salmon - that it takes to spawn, on the                   
 spawning grounds, that will provide an average historical harvest             
 by all consumptive users. ... When we have fisheries, when we have            
 all consumptive use eliminated, and we still cannot get the                   
 biological escapement, well, then, we don't have sustained yield              
 and ... we have to try to figure out how ... to get it                        
 accomplished.  Now, in the case of my agenda as far as the Area M             
 fishery, in our shellfish meeting we just had, I was the board                
 member that made the motion to give the seiners that live in Area             
 M twice as many crab pots as the big vessels that come primarily              
 from Washington state.  And if I was biased against them, I would             
 not have fought as hard as I did for about four hours on that one             
 proposal.  And I was successful in getting it passed."  He said,              
 "I'm not biased against those people.  I'm biased to get sustained            
 yield in the fisheries ... to give back the fisheries that used to            
 have sustained yield but now are closed."                                     
                                                                               
 Number 1556                                                                   
                                                                               
 MR. UMPHENOUR said, "For the proposals that come up out of cycle,             
 ... the board has a petition process and we also have an agenda               
 change process.  And both processes, the board has a very narrow              
 policy that they measure these requests by.  And they have to meet            
 some kind of emergency; otherwise, the board does not take them up.           
 And there's a number of unforeseen emergencies in resource                    
 situations that have to be brought up out of cycle.  And so, I'm              
 frustrated with the number of proposals that are basically the same           
 thing, and we have to address each one of them one-at-a-time.  And            
 what Mr. Miller said, about ... more of a goal for the advisory               
 committees, I think could be helpful as far as having the bulk of             
 proposals that we get.  I know that for the Southeast meeting                 
 that's coming up this winter, there's already over 400 proposals              
 been submitted to the board.  And I'm sure that a lot of them will            
 be redundant.  And so, maybe the advisory committee process, if it            
 was strengthened a little bit or modified a little bit, that it               
 could cut down on some of that work load."                                    
                                                                               
 Number 1634                                                                   
                                                                               
 CHAIRMAN AUSTERMAN asked:  "Did I understand you correctly, then,             
 that you don't consider that there is a problem with the out-of-              
 cycle hearings that you hold?"                                                
                                                                               
 MR. UMPHENOUR replied, "No, I don't really think it's a problem,              
 because a number of emergencies come up, and that's the reason for            
 having our petition policy, that we have to have a finding of                 
 emergency.  And some things are emergencies; some aren't.  We                 
 addressed, I believe, three of these at this meeting that we just             
 concluded this past week.  And we didn't find an emergency in any             
 case.  Sometimes things come up that are a bona fide emergency and            
 need to be addressed, so we have to have some way to address them.            
 But there is a problem with too many proposals that are redundant."           
                                                                               
 Number 1671                                                                   
                                                                               
 REPRESENTATIVE OGAN asked Mr. Umphenour to respond to the                     
 allegation that there was a conspiracy or that "the fearsome                  
 threesome" were trying to eliminate commercial fishing.                       
                                                                               
 MR. UMPHENOUR replied, "There's no conspiracy.  People get upset              
 and they say a lot of things and a lot of people maybe feel that              
 their livelihood is threatened.  But it's not the Board of                    
 Fish[eries]' problem that we're in the situation of an absolute               
 glut of salmon on the worldwide market and the prices are so low.             
 That's what the problem is."  Mr. Umphenour brought up an issue               
 that he said was not Board of Fisheries business.  He had contacted           
 Senator Stevens's office and Don Young's office suggesting having             
 the federal government put salmon steaks and fillets in the federal           
 supply system so that salmon could be fed to people in the                    
 military, the federal prisons, and so forth.  "And that would be              
 one giant step to introduce the American public, especially in the            
 military, to something that they've never eaten before in their               
 life," he concluded.                                                          
                                                                               
 REPRESENTATIVE OGAN responded, "Good idea."                                   
                                                                               
 Number 1745                                                                   
                                                                               
 CHAIRMAN AUSTERMAN thanked Mr. Umphenour for his comments.                    
                                                                               
 REPRESENTATIVE OGAN stated that while there was diversity on the              
 board and different opinions, and even different agendas and                  
 biases, to a certain extent, he tended to believe that when people            
 take positions of authority, they were apt to do the right thing.             
 He noted that legislators also represented different constituencies           
 and interests.  Speaking to Chairman Austerman, he said, "However,            
 I think the common denominator that you and I have, and I respect             
 you tremendously for, sir, on the record, is ... I think we both              
 are trying to look out for the bottom line, which is the resource.            
 And I just hope that those on the board process and those that are            
 listening tonight will realize that we all have a common interest             
 ... in protecting that resource, and that is our common strength.             
 And even though we have conflicting interests, we all work for that           
 goal."                                                                        
                                                                               
 Number 1812                                                                   
                                                                               
 REPRESENTATIVE ELTON said he was going to do something a little bit           
 different.  "And I appreciate the time that a lot of people have              
 put in.  I mean, this has been a long meeting, but I think it's               
 probably one of the more important meetings that this fish                    
 committee is going to have.  And I'm going to make a motion that is           
 not necessarily the same as one of the usual motions.  And so I               
 move we report out of committee the name of Virgil Umphenour, with            
 a recommendation that he be confirmed, and ask members to vote no."           
                                                                               
 REPRESENTATIVE OGAN objected and asked if it was in order.                    
                                                                               
 CHAIRMAN AUSTERMAN ruled the motion out of order and said the                 
 decision as to whether they would be appointed would be made on a             
 full vote of the floor, rather than as an individual committee                
 member or as a committee itself.                                              
                                                                               
 Number 1873                                                                   
                                                                               
 REPRESENTATIVE ELTON asked to speak to that ruling and said, "Mr.             
 Chair, I checked before I made the motion, this afternoon.  And my            
 understanding is that it is in order, and that the motion that                
 you're talking about is a motion that is a standard motion, but is            
 not anything that is mandated one way or the other.  So, ... I'm              
 not going to withdraw my motion."                                             
                                                                               
 REPRESENTATIVE OGAN restated his objection, saying it was highly              
 irregular and that only three of the five members were still                  
 present.                                                                      
                                                                               
 CHAIRMAN AUSTERMAN said, "I can see we'll be stymied without the              
 other members here.  At this point in time, the best thing would be           
 to hold their recommendation for forwarding their names until we              
 can get a full committee."                                                    
                                                                               
 Number 1931                                                                   
                                                                               
 REPRESENTATIVE ELTON stated that he was not withdrawing the motion.           
 "I'd like to respond to the previous speaker," he said.  "This is             
 not a motion that is out of order.  This is ... a motion that is              
 maybe uncomfortable.  But I think that the members of the full                
 house, that we're forwarding this to, have a right to know what our           
 individual opinion is.  We're the ones that sat in committee.                 
 We're the ones that heard the testimony.  And I think that that               
 should carry some weight."  He concluded by saying, "I do want the            
 record to reflect that there is a quorum here, that I think the               
 motion is in order, and I'm not going to withdraw the motion."                
                                                                               
 REPRESENTATIVE OGAN, in response to mention of a quorum, said, "Not           
 any more," and left the room.                                                 
                                                                               
 Number 1973                                                                   
                                                                               
 CHAIRMAN AUSTERMAN noted there was no longer a quorum and recessed            
 the meeting, at 7:17 p.m., to the call of the chair.                          
                                                                               

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