Legislature(1997 - 1998)
05/07/1997 05:12 PM House FSH
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON FISHERIES
May 7,1997
5:12 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Chairman
Representative Ivan Ivan, Vice Chairman
Representative Scott Ogan
Representative Mark Hodgins
MEMBERS ABSENT
Representative Gene Kubina
COMMITTEE CALENDAR
HOUSE BILL NO. 149
"An Act relating to the management of salmon fisheries; and
providing for an effective date."
- HEARD AND HELD
PREVIOUS ACTION
BILL: HB 149
SPONSOR(S): REPRESENTATIVE(S) KOHRING, Masek, Mulder, Cowdery
JRN-DATE JRN-PG ACTION
02/19/97 399 (H) READ THE FIRST TIME - REFERRAL(S)
02/19/97 399 (H) FSH, RESOURCES, FINANCE
02/27/97 519 (H) COSPONSOR(S): COWDERY
04/28/97 (H) FSH AT 5:00 PM CAPITOL 124
04/28/97 (H) MINUTE(FSH)
04/30/97 (H) FSH AT 5:00 PM CAPITOL 124
04/30/97 (H) MINUTE(FSH)
05/05/97 (H) FSH AT 5:00 PM CAPITOL 124
05/05/97 (H) MINUTE(FSH)
05/07/97 (H) FSH AT 5:00 PM CAPITOL 124
WITNESS REGISTER
REPRESENTATIVE VICTOR KOHRING
Alaska State Legislature
Capitol Building, Room 421
Juneau, Alaska 99801
Telephone: (907) 465-2186
POSITION STATEMENT: Sponsor of HB 149.
SCOTT JANKE, City Manager
City of Cordova
P.O. Box 1210
Cordova, Alaska 99514
Telephone: (907) 424-6200
POSITION STATEMENT: Testified against HB 149.
CHERI SHAW, Executive Director
Cordova Fishermen United
P.O. Box 2319
Cordova, Alaska 99574
Telephone: Not provided
POSITION STATEMENT: Testified against HB 149.
MARK BUCHNER, Charter Operator
P.O. Box 1103
Valdez, Alaska 99686
Telephone: (907) 835-4435
POSITION STATEMENT: Testified against HB 149.
BOB KINTZELE
P.O.Box 3313
Kenai, Alaska 99611
Telephone: (907) 283-9232
POSITION STATEMENT: Testified on HB 149.
JOHN McCOMBS
P.O. Box 87
Ninilchik, Alaska 99639
Telephone: (907) 567-3334
POSITION STATEMENT: Testified against HB 149.
JIM SUMMER
HC 52 Box 8815
Indian, Alaska 99540
Telephone: (907) 635-7308
POSITION STATEMENT: Testified against HB 149.
KEN SVETC
7715 Highlander Drive
Anchorage, Alaska 99518
Telephone: (907) 349-6028
POSITION STATEMENT: Testified against HB 149.
DEE DEE PEARSON, Commercial Fisherman
P.O. Box 669
Kodiak, Alaska 99615
Telephone: (907) 486-5481
POSITION STATEMENT: Testified against HB 149.
BRENNON EAGLE, Commercial and Sport Fisherman
P.O. Box 576
Wrangell, Alaska 99929
Telephone: (907) 874-2162
POSITION STATEMENT: Testified against HB 149.
KRIS NOROSZ, Employee
Icicle Seafoods
P.O.Box 1147
Petersburg, Alaska 99833
Telephone: (907) 772-4294
POSITION STATEMENT: Testified against HB 149.
LIZ CABRERA, Representative
Petersburg Vessel Owners' Association
P.O.Box 232
Petersburg, Alaska 99833
Telephone: (907) 772-9323
POSITION STATEMENT: Testified against HB 149.
DOUG CARROLL, Commercial Fisherman
NO ADDRESS OR TELEPHONE NUMBER PROVIDED
POSITION STATEMENT: Testified against HB 149.
BOB MARTINSON, Co-Chair
Cordova Fishermen United
Gillnet Division
900 Iroquois Drive
Wasilla, Alaska 99687
Telephone: (907)
POSITION STATEMENT: Testified against HB 149.
DALE BONDURANT
HC 1 Box 1197
Soldotna, Alaska 99669
Telephone: (907) 262-0818
POSITION STATEMENT: Testified in support of HB 149.
BRENT JOHNSON, President
Kenai Peninsula Fishermen's Association
HC 2 Box 508
Clam Gulch, Alaska 99569
Telephone: (907) 262-4763
POSITION STATEMENT: Testified against HB 149.
EUGENE SVETC
1407 West 32nd Avenue
Anchorage, Alaska 99518
Telephone: (907) 349-6028
POSITION STATEMENT: Testified against HB 149.
LARRY MALLOY, Representative
Kodiak Regional Aquaculture Association
P.O. Box 149, Kodiak 99615
Telephone: (907) 486-6555
POSITION STATEMENT: Testified against HB 149.
SCOTT EARSLEY, Employee
Inlet Salmon Processors
HC 2 Box 704
Soldotna, Alaska 99669
Telephone: (907) 262-4763
POSITION STATEMENT: Testified against HB 149.
THEO MATTHEWS, Executive Director
United Cook Inlet Drift Association
P.O.Box 389
Kenai, Alaska 99611
Telephone: (907) 283-3600
POSITION STATEMENT: Testified against HB 149.
CHRIS GARCIA, Commercial Fisherman
P.O. Box 203
Kenai, Alaska 99611
Telephone: (907) 283-7731
POSITION STATEMENT: Testified against HB 149.
JAMES JOHNSON, Owner
Sport Fish Guide Operation
P.O. Box 3774
Soldotna, Alaska 99669
Telephone: (907) 262-5357
POSITION STATEMENT: Testified against HB 149.
GERALD McQUEEN
5.5 Mile K-Beach Road
Kasilof, Alaska 99610
Telephone: (907) 283-5619
POSITION STATEMENT: Testified on HB 149.
HERMAN FANDEL, Owner
Sport Fishing Business
702 Lawton Drive
Kenai, Alaska 99611
Telephone: (907) 283-4501
POSITION STATEMENT: Testified in support of HB 149.
IRENE FANDEL, Owner
Sport Fishing Business
702 Lawton Drive
Kenai, Alaska 99611
Telephone: (907) 283-4501
POSITION STATEMENT: Testified in support of HB 149.
JOHN EFTA
P.O. Box 353
Kenai, Alaska 99611
Telephone: (907) 283-5899
POSITION STATEMENT: Testified against HB 149.
CLIFF SKILLINGS, Representative
Southeast Alaskan Seiners Association
P.O. Box 9579
Ketchikan, Alaska 99901
Telephone: (907) 225-5156
POSITION STATEMENT: Testified against HB 149.
HUGH MALONE, Representative
Kenai Peninsula Fishermen's Association
90 Spruce Street #104
Juneau, Alaska 99801
Telephone: (907) 586-3376
POSITION STATEMENT: Testified on HB 149.
GERON BRUCE, Legislative Liaison
Office of the Commissioner
Department of Fish and Game
P.O. Box 25526
Juneau, Alaska 99802
Telephone: (907) 465-6143
POSITION STATEMENT: Testified against HB 149.
JERRY McCUNE, Representative
United Fishermen of Alaska
211 Fourth Street, Suite 112
Juneau, Alaska 99801
Telephone: (907) 585-2820
POSITION STATEMENT: Testified on HB 149.
ACTION NARRATIVE
TAPE 97-21, SIDE A
Number 0001
CHAIRMAN ALAN AUSTERMAN called the House Special Committee on
Fisheries meeting to order at 5:05 p.m. Members present at the
call to order were Representatives Austerman, Ivan, Ogan and
Hodgins. Representative Kubina was absent.
HB 149 - PREFER CONSUMPTIVE USE SALMON FISHERIES
Number 0096
CHAIRMAN AUSTERMAN announced the committee would continue to hear
HB 149, "An Act relating to the management of salmon fisheries; and
providing for an effective date." He asked Representative Kohring,
the sponsor, to make an opening statement.
REPRESENTATIVE VICTOR KOHRING, Sponsor, stated that he talked about
the bill's intent at the last meeting and is looking forward to the
hearings in the following months.
Number 0300
SCOTT JANKE, City Manager, City of Cordova, testified via
teleconference from Cordova, that HB 149 would dramatically affect
the economic viability of coastal communities such as Cordova,
whose economy is conservatively estimated to be 60 percent
supported by the commercial fishing industry. He stated that a
direct impact to the city is the shared fish tax from the state of
Alaska, which equals $500,000 a year. He stated that the community
relies on a sales tax which is based on about $33 million in sales
annually and is supported by that 60 percent. Mr. Janke continued
that the community has existed since 1906. In 1909 the City of
Cordova became incorporated as the first city in the territory of
Alaska and has always been a commercial fishing industry city. If
a 5 percent allocation of the total statewide resource was taken
from Prince Williams Sound or the Copper River Delta, there would
be no commercial fishing in Cordova at all. He stated that the
lives of 3,000 people who reside in Cordova would be affected.
Number 0516
REPRESENTATIVE SCOTT OGAN stated that the committee had been
hearing consistent testimony on the way the bill is written and he
would now like to hear suggestions that might address the needs of
the sport fishermen.
Number 0552
MR. JANKE replied that if there is going to an allocation for sport
fishing of 5 percent, it should be done by fishing districts;
otherwise the locations that are more acceptable to the general
public are going to be fished out of commercial existence. He
continued that guided sport fishing should be identified as a
commercial fishing enterprise. Guided sport fishing is not
subsistence or sport fishing because people are making a living out
of it; therefore, they should be regulated the same way as the
commercial fishermen.
Number 0636
CHERI SHAW, Executive Director, Cordova Fishermen United, testified
via teleconference from Cordova in opposition to HB 149. She
stated that giving absolute priority to the sport fishermen by
allocating 5 percent of the projected salmon returns is absurd.
She stated that HB 149 does not allocate equally by species or area
of return. She continued that it will enable an elite set of
fishermen to target every king and coho salmon in the state and
every sockeye salmon in the Kenai and Copper River without ever
reaching the 5 percent goal. She referred to the sponsor's
statement that the problem lies in the diminished returns of salmon
in the rivers and streams of Cook Inlets Upper Susitna River
drainage system, which resulted in restricted sport fishing of that
area. She asked if the legislature will penalize the entire
commercial industry in the attempt to find a solution to the
allocation problems on the Kenai Peninsula. She referred to the
1996 salmon return data; 8.5 million salmon would have been
allocated to the sport and personal use fisheries if HB 149 were
law. She pointed out that the Alaska Board of Fisheries and the
Alaska Department of Fish and Game are more equipped to decide on
these tough allocation issues.
MS. SHAW continued that the sponsor did not take in account the
Alaskan families or coastal and northwest Interior economies, which
depend completely on the viability of commercial fishing. She
stated that the sponsor ignored the fact that commercial fishing is
the second largest revenue-producing industry in the state of
Alaska and the largest private sector employer.
Number 0822
MS. SHAW stated that HB 149 is not about meeting the needs of
Alaskan anglers. The number of Alaskan resident sport licenses
have remained constant since 1984. Nonresident licenses, however,
have doubled and now account for over 50 percent of all sport
fishing licenses sold in Alaska. She stated that overcrowding
rivers with people is going to lesson the quality of the sport
fishing experience and diminish the Alaskan mystique.
Number 0854
MS. SHAW indicated that consumptive use is defined as a
"subsistence, personal use and/or sport fishing." She stated that
the bill does not ever address the subsistence user and asked if it
was a ploy to fool the subsistence users into thinking HB 149 will
help them. She stated that HB 149 "was drafted for the lodge
owners and sport guides who cater to the nonresident high-ticket
fishermen who visit the state each year." Ms. Shaw urged that
Alaskans be asked if they were dissatisfied with their sport
fishing experiences, and she said she felt that their answers would
be no.
Number 0940
MARK BUCHNER, Charter Operator, testified via teleconference from
Valdez that he is confused as to the intent of HB 149. He stated
that he has been a charter operator since 1983, and he has never
had a problem with people catching fish. He continued that the
taking of 5 percent of the stocks would unnecessarily penalize the
coastal communities. He stated that he is against HB 149 and any
other bill like it.
Number 1130
BOB KINTZELE testified via teleconference from Kenai that he is
concerned as to whether the 5 percent is limited to Cook Inlet or
if it is a statewide 5 percent. He stated that if it was 5 percent
based in Cook Inlet, he thought he would lose his fishing
opportunity. He stated that he is sportsman and a personal use
fisherman and so far, personal use Alaskan fishermen have been
getting more than 5 percent. He stated that personal use Alaskan
fishermen have been restricted from fishing coho salmon because of
the concerns from the guided fishing industry, which is monopolized
by nonresidents. He stated that the issue of sport guides needs to
be addressed.
Number 1303
JOHN McCOMBS testified via teleconference from Kenai that since
1978, sport fishermen in Cook Inlet have been allocated 100 percent
of the early Russian River sockeye, early Kenai River king salmon
and late-run Kenai coho salmon; they have also been allocated 50
percent of the late-run Kenai kings and have harvested 6 to 21
percent of late run Kenai River sockeye salmon. He stated that
last year the dipnet allocation of Kenai River sockeye salmon was
100,000 fish, which resulted in a harvest of 110,000 fish. He
stated that sport fishermen have a wide access to pink and chum
salmon, in addition to two halibut a day without size restrictions.
He continued that residents of the Kenai Peninsula struggle with
unemployment most of the year. He said they "will not tolerate the
proposed economic piracy masked by Vic Kohring's fish bill. While
the Mat-Su Borough might have stringent set-back requirements on
the rivers, none of them are enforced." He stated that Kenai
Peninsula residents should not be expected to abstain from fishing
in summer, while nonresidents are experiencing guided fishing
through spawning habitats and the Northern District setnetters are
fishing as usual. Alaska Department of Fish and Game has stated
that there is no real problem with the coho and sockeye salmon in
the Northern District. He stated that nonresident sport fish
licenses have nearly tripled in the past ten years; 64 percent of
salmon are caught by nonresidents in the Kenai River. Mr. McCombs
stated that a 5 percent limit in Cook Inlet would be fine, but the
current wording does not limit it to Cook Inlet.
Number 1510
JIM SUMMER testified via teleconference from Anchorage that HB 149
was not put together by the Alaskan sport fishermen but instead by
a group of sport fish guides. He stated that it needs to be
recognized that sport fish guides are the commercial fishermen of
the Kenai River. He stated that if the number of fish have
declined due to an overharvest, it is due to the overfishing and
increased fishing from the sport fish guide industry. He stated
that the bill will reduce the amount of fish for the personal use
fishery. He stated that he is a sport, personal use and commercial
fisherman, and this bill does not help any of those fisheries; it
is only helping the guided fishery. He continued that if the
guided industry is allotted 80 or 90 percent of the fish, the river
will be overspawned and the returning fish are not going to be able
to produce enough smolt due to a lack of food sources. This is the
problem the Kenai River has had in the past from overpopulating the
river. Mr. Summer stated that the Alaska Department of Fish and
Game has been doing a good job of managing the fishery since the
statehood of Alaska.
MR. SUMMER stated that commercial fishermen used to be able to fish
from June to October; this year the season is from July 11 to
August 11. He suggested that in order to help the fishery it needs
to be determined where the fish are coming from to identify which
stocks are coming through and at what times.
Number 1838
KEN SVETC testified via teleconference from Anchorage that HB 149
does not address the real problem. The king salmon fishery in Cook
Inlet is typical of what is happening to the fishery throughout the
state. He stated that in 1985, 51,500 king salmon were sport
harvested in the Cook Inlet and Kenai Peninsula areas. In 1992
through 1995, the average yearly sport harvest in Cook Inlet was
102,000 king salmon. He stated that from 1985 to 1995 nonresident
sport fishing licenses have increased from 127,000 licenses to
238,000 licenses. He continued that during the same period Alaskan
resident sport fishing licenses went from 178,000 to 176,500. He
stated that residents' king salmon are being sold by commercial
guides to nonresident fishermen. He felt the problem is not an
allocation problem and is not caused by the commercial fishermen or
resident sport fishermen. He asked when the real problem of the
expanding commercial nonresident sport fishery, is going to be
addressed. He that urged HB 149 not be passed.
Number 2308
DEE DEE PEARSON, Commercial Fisherman, testified via teleconference
from Kodiak that it appears the commercial fishermen are being
blamed unfairly for the problems in Cook Inlet. She stated that it
is frightening that the commercial fishermen's destiny could be
decided by people in the Mat-Su area. Ms. Pearson stated that the
coastal communities are dependant on the commercial harvest. She
stated that the commercial fisheries have a limited fishery and
suggested that be considered for the commercial sport fishery. She
hoped that people will realize that the coastal communities do not
have a diversity of ways to make a living to offer people, as in
the Anchorage-Matanuska area. She stated that Kodiak is just
dependant on commercial salmon fishing in the summer.
Number 2458
REPRESENTATIVE KOHRING stated that he hoped somebody would testify
in favor of HB 149.
Number 2464
BRENNON EAGLE, Commercial and Sport Fisherman, testified via
teleconference from Wrangell that he has fished for the past twenty
years and HB 149, if law, would cause a real serious problem. He
stated that it would result in the federal government's taking the
fisheries, since subsistence will no longer be a priority use under
this bill. He stated that if this bill was passed, it would be
taking power from the Board of Fisheries. The Board of Fisheries
already has the power to do what HB 149 mandates. He stated that
the bill would have a devastating effect on commercial fisheries
throughout Alaska. He continued that commercial and sport fishing
should be of equal importance, as they are now. The enactment of
HB 149 would potentially close commercial fisheries without a
guarantee that the fish will be harvested by other users. He
stated that the present system of allocation works well and should
not be burdened with this legislation.
Number 2663
KRIS NOROSZ, Employee, Icicle Seafoods, testified via
teleconference from Petersburg that if HB 149 were adopted, it
would be highly disruptive to Alaska's commercial salmon industry.
She stated that its impact would be felt by fishermen; processing
workers; supporting industries, such as fuel distributors,
insurance brokers and grocery stores; and the state of Alaska. Ms.
Norosz stated that although the bill was meant to target South
Central Alaska, it will also impact Southeast Alaska. Southeast
Alaska meets the 500,000-angler-day threshold. She stated that
with the increase in road access slated for Prince William Sound,
this area will soon meet the criteria as well.
Number 2766
MS. NOROSZ continued that the statewide catch of king and coho
salmon is less then 5 percent of the total statewide salmon
harvest. The commercial fleet could lose all access to these very
important species. She stated that members of the public who
purchase these species would also lose access to these wild fish.
She stated that most Alaskans enjoy eating these species, but they
may not have the ability to harvest their own. Commercial
fishermen and salmon processors provide fish for these consumers.
Ms. Norosz stated that the bill would allow any commercial salmon
fishery that harvested even a small portion of fish destined for
the designated common consumptive use areas to be closed until the
priority users get all they want. She continued that closing areas
along salmon migratory paths to commercial fishermen until sport,
subsistence and personal users get all they want will result in a
substantive delay in harvest for commercial fishermen. This will
affect the quality of the fish commercially harvested, which is of
most importance in salmon marketing. She stated that with the
massive quantity of farmed salmon on the market today, the only way
wild salmon competes is by being of the highest quality possible.
Number 2965
MS. NOROSZ stated that this bill does not take into account the
fishing experience that would be provided to the sport and personal
use harvesters. She stated that it focuses strictly on increasing
the number of fish available in the Kenai River, regardless of
whether or not they would be harvested. She stated that due to the
disruption this legislation would cause to Alaska's commercial
salmon industry and the state's economy, Icicle Seafoods can not
support HB 149.
Number 3058
LIZ CABRERA, Representative, Petersburg Vessel Owners' Association,
testified via teleconference from Petersburg against HB 149. She
stated that allocating 5 percent of the statewide salmon production
is deceiving, unless the total percent of statewide salmon
production is looked at. Last year the total was over 204 million
salmon, which would allocate over 10 million salmon for sport and
personal use harvesters. She stated that is it unlikely that there
would be much interest in sport fishing for 10 million pink salmon;
rather, the interest is in the king and coho salmon species. Last
year's harvest for those species was around 4.5 million salmon,
which would result in sport fishermen getting 100 percent of the
entire statewide commercial harvest of king and coho salmon, still
not reaching the 5 percent cap of 10 million fish. She stated that
the 5 percent really translates into 100 percent of the resource,
which discriminates against the other users.
Number 3198
MS. CABRERA stated that in order for the 5 percent sport preference
to occur, the Board of Fisheries would have to delay the commercial
fishery. This bill would apply to Southeast Alaska because they
had a recorded 530,000 angler days in 1995. Therefore, if the
Southeast Alaska commercial fisheries were delayed, the fleet would
be fishing in terminal areas for dark and unmarketable salmon.
Last year, when Petersburg was faced with a similar threat under
the Fairness In Salmon Harvest (F.I.S.H.) Initiative, the city
passed resolutions opposing it. She stated that HB 149 is not
fair, it does not provide a better way to manage the fisheries
resource and it hurts Alaska's economy. HB 149 does not make sense
for Alaska.
Number 3261
DOUG CARROLL, Commercial Fisherman, testified via teleconference
from Cordova that he is 27 years old and has been commercial
fishing for 15 years. He stated that HB 149 is a result of what
Representative Kohring perceives as inaction by the Board of
Fisheries, although he has never attended a Board of Fisheries
meeting. He stated he has attended nine days, in December of Board
of Fisheries meetings in Cordova and three days in February of
meetings in Ketchikan, and he has a new found respect for the Board
of Fisheries' process. They face the impossible task of trying to
make all users happy. He stated that the consensus among the
commercial and sport fishermen at these meetings was that the
board's decisions were fair.
Number 3301
MR. CARROLL stated that he was insulted by Representative Kohring's
statement that HB 149 is not a reflection of any opposition to the
commercial fishing industry. There is no other way to perceive HB
149, which exhibits animosity to the commercial fishing industry.
He reiterated what one of Representative Kohring's constituents
said: "Why don't all you commercial fishermen all just roll over
and die? You're all going to be extinct anyway in ten." He stated
that HB 149 represents this kind of attitude and not the attitude
of the average Alaskan.
Number 3522
BOB MARTINSON, Co-Chair, Cordova Fishermen United, Gillnet
Division, testified via teleconference from Cordova. He stated
that he has lived in the Mat-Su valley for over 10 years and wanted
to point out to Representatives Kohring and Masek that they are not
representing him or his fellow limited entry permit holders of the
Mat-Su valley. There are more than 200 limited entry permit
holders and more than 2,000 crew license holders residing in the
Mat-Su valley. He stated that in Anchorage, there are more than
1,200 permit holders and 5,500 crew members. He stated that HB 149
is a rewrite of the F.I.S.H. Initiative. He stated that lodge
owners and river boat guides are the people backing the bill, not
the sport fishermen. These sport businesses are unrestricted, and
they do not have to report their catches. He stated that
commercial fishermen have escapement levels that have to be met or
they are not able to fish. He stated that with growing demand for
salmon, it must be remembered that the bottom line should be the
health of each fishery and addressing its problems. He suggested
that there needs to be more enforcement and catch reporting on the
Kenai River. He stated having the Alaska Department of Fish and
Game managing the fisheries and the Board of Fisheries allocating
the fisheries is the only fair and scientific way to deal with the
issues involved. He stated that allocation should not be done by
ballot boxes or special legislation but by the combined group of
scientists and fishermen in an open forum, such as the Board of
Fisheries. He stated that HB 149 is a bad idea.
Number 3766
REPRESENTATIVE OGAN stated that he agreed that allocation should
not be done by the way of the ballot box, as it sets a dangerous
precedent. He stated that the legislature has delegated the
authority to the Board of Fisheries to allocate the fisheries, but
it is appropriate that the legislature take this issue up.
Number 3910
DALE BONDURANT testified via teleconference from Kenai that he is
in support of HB 149. He believed that it complies with Article
VIII, Sections 1, 2, 3, 13, 15 and 17, as well as Article I,
Section 1, of the Alaska Constitution. He stated that Article III
states, "The fish, wildlife and waters are reserved to the people
for common use." He stated that this establishes the equal right
for all persons to enjoy the opportunity to participate in the
personal consumptive use of these common properties. He stated
that Section 4 sets out that these resources must be maintained on
a sustained yield principle and the harvestable surplus is subject
to preference among beneficial users. He stated that all users
should have the same right of consideration for common use. All
Alaskans have the right to participate according to the
regulations. He continued that limited entry makes commercial
fishing a restricted class of fishing with a limited number of
participants and should not have priority or preference of use. He
stated that his only question is about the 5 percent cap and the
500,000 angler day trigger. He stated that as long as these
parameters are a management projection tool, for providing the
reasonable opportunity for common consumptive users, they are
acceptable and valid. As long as they remain as honest management
guidelines and are not politically driven, they will remain valid.
MR.BONDURANT said, "If they become political decisions that
impinges upon the open access of the public trust doctrine of
resources, these parameters must be reassessed as changes in demand
dictate. To excuse an action because it claims to be for a greater
public benefit can not be justified when it impinges on the
public's right of common use." He stated that Alaska's
constitutional common use provision has been recognized by the
supreme court and is an equal protection of public trust that can
not be advocated by the legislature, the Administration, the courts
or by the vote of the people. He stated that HB 149 is timely and
meets the inherent equal right obligation of the people and the
state under Alaska's constitution. He said, "HB 149 meets the true
common consumptive subsistence needs for all Alaskans; well, maybe
not certain needs for those few who will continue to demand their
self interest immunity as a specially restricted class of
privileged losers." House Bill 149 meets the common open access
provisions of Alaska's Constitution and the equal footing provision
of the United States Constitution.
Number 4262
BRENT JOHNSON, President, Kenai Peninsula Fishermen's Association,
testified via teleconference from Kenai, against HB 149. He stated
that his organization is a group of setnetters that has over 400
members. He stated that there is no argument that the legislature
has the authority to allocate fish. However, just because the
authority is there does not mean that the legislature is the best
skilled body to do so. He pointed out that at the last Board of
Fisheries meeting, the setnetters near the mouth of the Kenai River
lost a significant portion of their season: 12 days or 25 percent
of their 45-day season. He stated that driftnetters last year had
their season, shortened to August 9, instead of having an
unrestricted end to their season and they were required to move
from the central inlet to the east side corridor. These were
significant changes made to put more fish into the river for sport
availability. He stated that dipnetting was liberalized along the
Kenai River, and the result was a significant increase in salmon
harvested in the Kenai River. He stated that 5 percent of the
statewide harvest projection of 200 million would equal 10 million
fish. These fish would most likely be harvested in Cook Inlet,
leaving no fishery for the 750 setnetters or 600 driftnetters of
Cook Inlet, and causing significant hardship to them and their
families. He stated that he has only been a fishermen and did not
get an education; without fishing, he would be hard-pressed to try
to make a living.
NO RECORDING WAS DONE ON TAPE 97-21, SIDE B; BRUCE GABRYS'
TESTIMONY WAS NOT RECORDED DUE TO TAPE CHANGE.
TAPE 97-22, SIDE A
Number 0001
EUGENE SVETC testified via teleconference from Anchorage against HB
149. He stated that the budget should be increased in the Board of
Fisheries and the Alaska Department of Fish and Game. He stated
that biological escapement goals are of no value if the eggs are
not hatching. Habitat control is paramount in the success of a
larger and healthier salmon resource. He stated that the seafood
industry is the second biggest private employer in Alaska, the oil
industry being the first. He asked that the trained personnel in
the Alaska Department of Fish and Game and the Board of Fisheries
do their job.
Number 0053
LARRY MALLOY, Representative, Kodiak Regional Aquaculture
Association, testified via teleconference from Kodiak against HB
149. He stated that this bill would allocate through legislative
mandate the use of Alaska's salmon resources. He stated that the
association feels that informed salmon allocation responsibility
should remain exclusively within the state's Board of Fisheries
process. He stated that this process has yielded the sustainable
high level of salmon production that Alaska is experiencing
statewide. He stated that for the situations where negative salmon
production trends have developed, most informed people feel that
more aggressive actions by the Department of Fish and Game, such as
using their regulatory authority and by operating within the
framework of the finely tuned Board of Fisheries' management plans,
will correct those trends. In addition, user group concerns
identified in HB 149 will be addressed. He stated that the
association believes that allocation must be done where there is a
clear overriding consideration for a conservation priority and
where there exists clear understanding and identification of
allocation criteria. He stated that HB 149 is contrary to this
with its emphasis on harvest needs without a true escapement
priority. He stated that the use of percentages as an allocative
tool requires that in-season harvest data by a user group be
accurate and reasonably available. Currently, only the commercial
net fisheries yield that information. He stated that HB 149 is not
practical or necessary.
Number 0311
SCOTT EARSLEY, Employee, Inlet Salmon Processors, testified via
teleconference from Kenai against HB 149. He stated that if the 5
percent were taken, it would eliminate his job as a commercial
seafood processor as well as his co-workers' job. He estimated the
processor has $16 million to $20 million in annual payroll, with 50
percent going to Alaskan residents.
Number 0527
THEO MATTHEWS, Executive Director, United Cook Inlet Drift
Association, testified via teleconference from Kenai against HB
149. He stated that the association represents over 600 salmon
drift permit holders in Cook Inlet. He stated that the only
closures and restrictions for sport fishermen in the Mat-Su valley
have occurred on early-run June king salmon. He stated that there
has not been a commercial fishery for these salmon since 1953. The
setnet fishery has also been nearly totally restricted. He stated
that the problem is not stemming from the commercial fisheries.
Number 0700
MR. MATTHEWS stated that in order to have 4,500 more sport caught
coho in the Mat-Su valley, the drift fishery had to lose access to
28,000 coho salmon, 18,000 pink salmon, 500,000 chum salmon and
190,000 sockeye salmon. He stated that this was passed by the
Board of Fisheries under the Northern District Coho Plan. It cost
the drift fishermen 10 percent of their average gross income. He
stated that HB 149 is not fair and has a dramatic impact on the
drift fishery.
Number 0841
CHRIS GARCIA, Commercial Fishermen, testified via teleconference
from Kenai against HB 149. He stated that in the 1970s the
commercial fisherman of Cook Inlet volunteered a tax to enhance the
fishery, which started the aquaculture association. He stated that
it appears to be working because each year there are more fish
coming into the inlet, resulting in bills trying to take the fish
away from the commercial fishermen. He stated that the problem the
legislature should be looking at is the increase in commercial
guiding on all the river systems in Alaska. He stated that he grew
up in the Mat-Su valley and now people are complaining about the
amount of fish available, but the problem is the increasing amount
of people. As a result, roads are being built across the streams
and the spawning beds are being polluted; the increased population
is what is killing the fish.
Number 1247
JAMES JOHNSON, Owner, Sport Fish Guide Operation, testified via
teleconference from Kenai that HB 149 is not a very good attempt by
the sport fish interests to get better access to the resource. He
stated that the 5 percent portion of the bill does not make a lot
of sense. He stated that the fish are supposed to be a common
resource property. Therefore, Alaskans should be able to have the
fish they need for personal use and the surplus should go to
commercial fishing. He stated that there are problems when the
Department of Fish and Game does not know what the escapement level
is on certain species due to lack of funds. His concerns are
whether there will be enough fish for future stocks and that the
fish be allocated to its users. He stated that HB 149 falls short
of that.
Number 1435
GERALD McQUEEN testified via teleconference from Kenai that last
year all subsistence fishermen were required to fish on a 4-mile
run from his house, between the Kasilof River and the Kenai River.
He stated that the beach was flooded for that one-week opening. He
stated that there were about 300 people with "net sets" scrounging
for fish during that one-week opening. Allocation of days for
subsistence fishing is not fair. If five days are to be allocated,
then residents should be able to pick the five days they are able
to fish. The present way is causing a lot of discontent.
Number 1700
HERMAN FANDEL, Owner, Sport Fishing Business, testified via
teleconference from Kenai in support of HB 149. He stated that he
owns two sport fishing businesses. Mr. Fandel felt that the fish
belong to all of the people of Alaska and the commercial fishermen
take all of the fish and pay nothing for them. He stated that a
fish caught by a tourist is worth over 200 times more to the local
economy than the same fish caught in a commercial net.
Number 1928
IRENE FANDEL, Owner, Sport Fish Business, testified via
teleconference from Kenai in support of HB 149. She stated she
owns two sport fishing businesses and her businesses rely on sport-
caught fish.
Number 2016
JOHN EFTA testified via teleconference from Kenai against HB 149.
He stated that he was infuriated with the legislature's economic
analysis of the Institute of Social and Economic Research (ISER)
study, which declared the study "a wash". He stated that the state
has done a good job of crowding the rivers to their full potential;
by putting more fish in, the resource will be destroyed. He stated
that results of the study indicated that a nonresident sport
fisherman was worth more than a resident sport fisherman, and this
is about going after the bigger buck.
Number 2202
CLIFF SKILLINGS, Representative, Southeast Alaskan Seiners
Association, testified via teleconference from Ketchikan against HB
149. He stated that HB 149 is allocative in nature and should be
taken up before the Board of Fisheries. He stated that in
Southeast Alaska the seine fleet harvested 52 million pink salmon
last year. Noncommercial harvesters would have to catch 2.6
million pink salmon in order to make 5 percent. The 5 percent
would equal 100 percent of the king salmon and coho salmon stock
and a large percentage of the sockeye salmon stock. He stated that
HB 149 would eliminate the commercial troll fleet and place severe
harvest restrictions on the commercial seine and gillnet fleets.
MR. SKILLINGS stated that when the seine fleet is allowed to fish
after the 5 percent is met, the quality of salmon will be very
poor. This will lower the quality of the Alaskan fisheries'
resource products as well as the economic values to the fishermen
and coastal municipalities that depend on the generation of raw
fish taxes.
Number 2408
MR. SKILLINGS stated that HB 149 also supersedes the ongoing
Pacific Salmon Treaty negotiations, which affect conservation for
the entire Pacific Northwest. Under this agreement, trollers have
taken a severe decline in harvestable king salmon to provide for a
long-term king salmon conservation.
Number 2423
MR. SKILLINGS asked that when deliberating on HB 149 the committee
keep in mind that it will result in a lower-quality product at a
time when Alaska has made a commitment to higher quality Alaska
salmon products. It will eliminate the Department of Fish and Game
management practices by pushing commercial harvests closer to the
terminal harvest areas. He stated that Alaskans support protecting
the salmon runs, preserving commercial fishing jobs, and
recognizing the socioeconomic benefit to rural and coastal Alaskan
communities derived from the commercial fishing industry. He asked
that commercial fishing not be punished.
Number 2603
HUGH MALONE, Representative, Kenai Peninsula Fishermen's
Association, stated that he wanted to draw the committee's
attention to their May 7th letter pertaining to the ISER study. He
stated that it is important to understand that the study was not
conclusionary because of the relatively small percentage of salmon
available, 20,000 sockeye salmon, for the study. The study did
point out that if it had been a larger amount of salmon, the
overall effects on the economy would have been strongly negative.
He felt it is important to use the information in the context of
the study.
Number 2729
GERON BRUCE, Legislative Liaison, Office of the Commissioner,
Department of Fish and Game, stated that the department does not
support HB 149. He stated that the legislature did delegate their
authority to the Board of Fisheries, for salmon allocation, 35
years ago. He stated that in making fisheries management
decisions, there are a lot of details involved which have to be
considered in order to reach the goal. He stated that this
resource is constantly changing, which is why the board meets so
often. He stated the Board of Fisheries is the best venue to deal
with these kind of issues. He reiterated the changes the Board of
Fisheries made in the shorting of the season in the commercial
fisheries, in order to re-allocate the fish to the sport fish
industry in the Northern Cook Inlet.
Number 3326
CHAIRMAN AUSTERMAN stated that there are enough salmon coming into
the Kenai River that the Board of Fisheries would be able solve the
allocation issue. He asked how the issues of the upper river
problems are being addressed.
Number 3433
MR. BRUCE replied that the Division of Sport Fish is going to do
further surveys on coho salmon, in addition to the $1 million of
Exxon Valdez settlement money that will go towards work in Cook
Inlet and the Susitna River, to determine escapement levels. He
stated that their assessment of the cohos overall is that the
resource is healthy, although particular streams are on the low
side.
Number 3718
REPRESENTATIVE KOHRING stated that many streams and rivers in the
Mat-Su are experiencing diminished coho salmon runs, according to
the Department of Fish and Game's information. He stated that Fish
Creek had 2,078 salmon in 1993 compared to 682 in 1996. He
continued that there does seem to be a lot of fish in Cook Inlet,
but the decreasingly small runs in the Mat-Su is what prompted him
to file this legislation.
Number 4020
MR. BRUCE responded that he understood that his constituents are
situated at the end of a long area that the fish have to pass
through. He stated that he is assuming that the statistic that he
quoted was based on aerial and foot counts, which are not the most
accurate ways to count the fish, because of the cloudy water
conditions. He stated that the catches of cohos by recreational
fishermen have been fairly stable, indicating a stable resource.
He stated that he asked the regional supervisor of sport fisheries
about the escapement counts, and the regional supervisor confirmed
that there is a problem with the numbers due to the level of
visibility. Mr. Bruce stated that a weir was put in to check the
numbers compared to the visual count and there were significantly
more fish counted with the weir in place. He assured
Representative Kohring that if there was a conservation concern,
they would be serious about addressing it. He stated that answers
to problems are not easy to come by due to the many factors, such
as environmental, climatic and habitat conditions and the different
fisheries operating on them.
Number 4330
REPRESENTATIVE OGAN asked if he thought it was enough of a problem
that there could be a finding under the Endangered Species Act of
an endangered species in some areas.
Number 4501
MR. BRUCE replied that in order to be listed as an endangered
species, a number of criteria have to be met, in addition to low
numbers, and those low numbers would have to be so low that the
runs could not be able to sustain themselves. He stated that even
with the statistic that Representative Kohring cited, it would
still be a sustainable run.
TAPE 97-22, SIDE B
Number 0004
MR. BRUCE stated that the Department of Fish and Game would take
action before it reached an endangered species level; that is the
whole point of their management. He continued that a river system
like the Susitna is difficult and expensive to assess because it
covers such a large area. He stated that they do have plans and
projects that would help the department better monitor the river
system. He stated that if the legislature really feels strongly
about this area, they could help the Department of Fish and Game,
by allocating resources.
Number 0150
CHAIRMAN AUSTERMAN asked Mr. Bruce whether he could give his office
list of the projects that the Department of Fish and Game is
interested in using the million dollars for.
Number 0159
MR. BRUCE stated that the list was prepared in association with SB
40. He stated that the department would be interested in talking
with the legislature on what would be the best use of that money,
in terms of which projects would give the best information on those
problems. He stated that the projects have to last at least
through one cycle of the species in order to be effective and
accurate.
Number 0424
REPRESENTATIVE OGAN referred to the failure of the bar coding
effort. He suggested that maybe sport fish guides should be looked
at as a commercial entity, and he asked how the Board of Fisheries
looks at the guides.
Number 0532
MR. BRUCE replied that guides fall under the sport fish user group,
but the Board of Fisheries does have the authority to treat the
guided anglers separately, such as by issuing different bag limits.
He stated that it might be premature to decide that the coded bar
tagging of fish did not work; however, it is possible that the
technique can still be refined.
NUMBER 0750
CHAIRMAN AUSTERMAN stated that there will be a series of meetings
held this fall, and he does want the Department of Fish and Game to
be involved in those meetings.
Number 0800
MR. BRUCE stated that the Department of Fish and Game would be
eager to participate.
JERRY McCUNE, Representative, United Fishermen of Alaska, stated
that when studying escapement, the goals can not be the only factor
that is looked at. He stated that users, out-migration in the
spring and catch records are extremely important. He stated that
since 1982 to the present, the coho salmon catch in the Mat-Su
valley has tripled, which must be factored into the numbers. He
suggested that education might be needed for the general public.
He stated that this is an emotional issue for everyone involved and
maybe the bill needs to be put aside in order to address the
problem.
Number 1057
CHAIRMAN AUSTERMAN stated that HB 149 will be held over. This is
the last meeting of the session and a series of meetings will be
held this fall after the commercial and sport fishing seasons have
closed.
ADJOURNMENT
Number 1222
CHAIRMAN AUSTERMAN adjourned the Special House Committee on
Fisheries at 7:04 p.m.
| Document Name | Date/Time | Subjects |
|---|