Legislature(1997 - 1998)
04/08/1998 05:08 PM House FSH
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON FISHERIES
April 8, 1998
5:08 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Chairman
Representative Ivan Ivan
Representative Mark Hodgins
MEMBERS ABSENT
Representative Scott Ogan
Representative Gene Kubina
COMMITTEE CALENDAR
CONFIRMATION HEARINGS:
Board of Fisheries
John White - Bethel
Russell Nelson - Dillingham
- CONFIRMATIONS ADVANCED
WITNESS REGISTER
RUSSELL NELSON, Appointee
to the Board of Fisheries
2028 Woodriver Road
P.O. Box 161
Dillingham, Alaska 99576
Telephone: (907) 842-2370
POSITION STATEMENT: Testified as appointee to the Board of
Fisheries.
DR. JOHN WHITE, Appointee
to the Board of Fisheries
P.O. Box 190
Bethel, Alaska 99559
Telephone: (907) 543-3778
POSITION STATEMENT: Testified as appointee to the Board of
Fisheries.
VIRGIL UMPHENOUR, Member
Board of Fisheries
878 Lynwood Way
Fairbanks, Alaska 99705
Telephone: (907) 488-3885
POSITION STATEMENT: Testified in support of Dr. White and
Mr. Nelson.
JUDE HENZLER, Executive Director
Bering Sea Fishermen's Association
725 Christensen Drive
Anchorage, Alaska 99501
Telephone: (907) 279-6519
POSITION STATEMENT: .Testified in support of Dr. White and
Mr. Nelson.
JOHN McCOMBS
P.O. Box 87
Ninilchik, Alaska 99639
Telephone: (907) 567-3334
POSITION STATEMENT: Testified against Dr. White and in support
of Mr. Nelson.
BILL SULLIVAN
P.O. BOX 943
Kenai, Alaska 99611
Telephone: (907) 283-4850
POSITION STATEMENT: Testified against Dr. White.
DALE BONDURANT
HC1 Box 1197
Soldotna, Alaska 99669
Telephone: (907) 262-0818
POSITION STATEMENT: Testified in support of Dr. White.
KARL KIRSHER, Executive Director
Kenai Pennisula Fishermen's Association (KPFA)
34824 K-Beach
Soldotna, Alaska 99669
Telephone: (907) 262-2492
POSITION STATEMENT: Testified in regards to Dr. White.
JOHN EFTA
P.O. BOX 353
Kenai, Alaska 99611
Telephone: (907) 283-5899
POSITION STATEMENT: Testified against Dr. White.
PAUL SHADURA
P.O. BOX 1632
Kenai, Alaska 99611
Telephone: (907) 262-1771
POSITION STATEMENT: Testified against Dr. White and in support of
Mr. Nelson.
MEL ERIKSON, President
Kenai River Professional Guide Association
P.O. Box 3674
Soldotna, Alaska 99669
Telephone: (907) 262-2980
POSITION STATEMENT: Testified in support of Dr. White and
Mr. Nelson.
JOE HANES
P.O. Box 3132
Soldotna, Alaska 99669
Telephone: (907) 262-6388
POSITION STATEMENT: Testified in support of Dr. White.
REUBEN HANKE
P.O. Box 624
Kenai, Alaska 99611
Telephone: (907) 262-5097
POSITION STATEMENT: Testified in support of Dr. White.
BRAD ADAMS
P.O. Box 994
Soldotna, Alaska 99669
Telephone: (907) 262-1961
POSITION STATEMENT: Testified in support of Dr. White.
TERRY HOEFFERLY, Chief of Operations
Bristol Bay Native Association
P.O. Box 310
Dillingham, Alaska 99576
Telephone: (907) 842-5257
POSITION STATEMENT: Testified in support of Dr. White and Mr.
Nelson.
ROGER NORIS-TULL, Biologist
P.O. Box 1155
Dillingham, Alaska 99576
Telephone: (907) 842-4294
POSITION STATEMENT: Testified in support of Mr. Nelson.
JENNIFER CHRIS, Fisheries Biologist
Association of Village Council Presidents - Bethel
P.O. Box 219
Bethel, Alaska 99559
Telephone: (907) 543-7343
POSITION STATEMENT: Testified in support of Mr. Nelson and
Dr. White.
DEAN PADDOCK
P.O. Box 20312
Juneau, Alaska 99802
Telephone: (907) 463-4970
POSITION STATEMENT: Testified in support of Dr. White and
Mr. Nelson.
ACTION NARRATIVE
TAPE 98-14, SIDE A
Number 0001
CHAIRMAN ALAN AUSTERMAN called the House Special Committee on
Fisheries meeting to order at 5:08 p.m. Members present at the
call to order were Representatives Austerman, Ivan and Hodgins.
CONFIRMATION HEARING -- BOARD OF FISHERIES
Number 0079
CHAIRMAN AUSTERMAN stated that the committee would hold the
confirmation hearing on John White and Russell Nelson for
appointment to the Board of Fisheries. He asked that they give an
opening statement as to why they are running for the board. He
asked that Dr. White and Mr. Nelson stay on the teleconference to
answer any questions.
Number 0122
RUSSELL NELSON, Appointee to the Board of Fisheries, testified via
teleconference from Dillingham that he would like to serve on the
Board of Fisheries and is supportive of the Board process. He
stated that he would work hard for the conservation and development
of fishery resources. He stated that he is a member of the
Nushagak Advisory Council, the Dillingham Planning Commission and
the past Chairman of the Alaska Rural Communication Council, which
shows his interest in community service. He pointed out that he
understood the time and commitment involved to be a competent
member of the Board of Fisheries and feels his resume is consistent
with the responsibilities of the position. He stated that he has
the support of his family and employer in regards to the extensive
travel obligations. He thanked the committee for their
consideration.
Number 0144
DR. JOHN WHITE, Appointee to the Board of Fisheries, testified via
teleconference that there are five areas he would like to address:
conservation issues, fisheries development issues, allocation
issues, the current sustainable fisheries project and the working
committee system of the board. He stated that conservation issues
involved the Bristol Bay King Crab fishery, Southeast Abalone
fishery and other shell fisheries in the state that are presently
depressed and depleted. He stated that the board has acted
responsible and they are addressing these issues with the
department. He stated that the future shell fish fisheries demand
close scrutiny and careful consideration. He stated that the
board had dealt with the Norton Sound Chum Salmon conservation
salmon problems. He stated that recently the board made a trip to
Nome to try and power the community to consider what kinds of
subsistence fisheries they would like to see.
Number 0195
DR. JOHN WHITE stated in regards to the fisheries development
issues, the board has acted very much in the interest of the
commercial fisheries in the state of Alaska and it is highlighted
by the creation of the cod fisheries in the Gulf of Alaska. He
pointed out that it was a controversial decision. The Board has
formed a working committee with the North Pacific Fisheries
Management Council (NPFMC) and looks forward to the fullest
productive development of those cod fisheries. He referred to the
open pound herring fishery and stated that the board looked for
experimental fisheries and looked for the broadest spectrum of the
Sitka public and from the outside participants. It is an ongoing
process and the board is trying to get all the input together
before anything goes forward.
Number 0224
DR. WHITE stated that in the allocation arena they have looked at
many hard issues. He stated that he has tried to be fair, look at
the scientific data and considered the problems that both sides put
forward and made the most judicious decisions. He referred to the
Copper River Prince Sound Gilnet fishery and the king and red
salmon allocation of that fishery. The Southeast sport and
commercial fisheries debates on king salmon were addressed straight
up and the board did the best they could. He stated that the Area
M fishery is a contentious issue that was recently addressed and an
abundance based management program was put in place to hopefully
find a long term solution for a long term problem. He stated that
the Cook Inlet allocation debates between Cook Inlet commercial
fishermen and sport and personal use fishermen in the Cook Inlet
districts are ongoing and the proposed deadline is April 10. He
stated that he does not have a comment on that debate because he
has yet to look at any of the proposals.
Number 0270
DR. WHITE stated that the sustainable fisheries project is
characterized by four things: trying to find a future with an
objective assessment reporting on all the salmon stocks in the
state; objective assessment of management practices concerning
salmon stocks; an attempt to identify departmental policy that
could be put to regulation so that the stake holders involved in
the use of fisheries resources in the state would clearly
understand what departmental policy regulation is on different
issues and how it affects the regulatory process; and getting
critical terminology sorted out in regulation to define the term
yields and depressed stock status, so that Alaska will not be
plagued with threatened or endangered species designation problems.
He stated that this would put the state in a position to be less
likely to have federal involvement in the commercial, sport,
subsistence and personal use fisheries in the future, because we
would be handling the problems pro-actively. He stated that this
situation has arose in the Northwest, as the National Marine
Fisheries Service has recently designated thirteen stocks as
threatened or endangered. He hoped that Alaskans would be
proactive enough to not have to face that situation.
Number 0307
DR. WHITE stated that the committee system that the board has been
using during his term as the chair as been to get the broadest
possible involvement of the public at the meetings. He stated that
the committees are composed of 2 to 3 board members who work with
the stake holders, representing the different interest groups. He
stated that it has been his policy to make sure that the
participants in the stakeholder portion of the committee have an
opportunity to object to either the board members constituting the
committees or other stake holders selected for participation. He
said, "I stand down to take those comments and in the best interest
of the process we then adjust till people are satisfied." He
stated that the committee system is trying to get at the broadest
possible use of the human resources of the board. He stated that
there is criticism of the board that the advisory committee is left
out. He stated that it should be noted that the advisory committee
members and the attendance of the meetings are ex-officio members
of all committees and can participate in the committees of their
choice. He pointed out that "there have been questions raised
about the past rules of the advisory committees only representing
the interests of the committee when they meet for their positions
on board action prior to the meeting." The board is going to be
receiving comments from the advisory committees and from all
interested parties after it reviews the committee process of the
last year and consider recommendations for trying to find a working
order of this committee structure at its work group meeting in
October.
Number 0374
DR. WHITE stated that he is proud to be a member of the present
Board of Fisheries that is very diligent, works very hard, takes on
difficult problems straight on and tries to resolve contentious
question as thoroughly as possible through public input. He stated
that when the board has been wrong it has addressed that issue
straight on and made the best possible correction it could. He
stated that he looks forward to participating in the future.
Number 0384
VIRGIL UMPHENOUR, Member, Board of Fisheries, testified via
teleconference from Fairbanks that he has served with Dr. White on
the Board of Fisheries for the past three and half years and highly
recommends that he be confirmed. He stated that he has worked with
Mr. Nelson and thought he would be an asset to the Board of
Fisheries.
Number 0397
JUDE HENZLER, Executive Director, Bering Sea Fishermen's
Association, testified via teleconference from Anchorage, that the
association represents small boat fishermen in Western Alaska. He
stated that the association recommends the appointment of Mr.
Nelson and Dr. White. He stated that in February he was at a Yukon
River Drainage Fishermen's Association meeting in Kaltag and those
fishermen felt this Board of Fisheries has been the most responsive
that they have ever been familiar with. He stated that the
committee system is an effective way to get some work done.
CHAIRMAN AUSTERMAN noted that there is a letter in the committee
members' packet from Mr. Henzler in support of Dr. White.
Number 0427
JOHN McCOMBS, testified via teleconference from Kenai that he is
disappointed in Dr. White as Chairmen of the Board of Fisheries
because he has allowed countless agenda change requests. He stated
that Dr. White has addressed area and issues addressed out of
cycle, particularly in Cook Inlet, endorsed board generated
proposals and supports the gross imbalance of the current Board of
Fisheries. He continued that Dr. White has disregarded testimony
of the public and area biologists, presented guiding principles as
"bio-babble", done nothing for the Kenai River habitat, alienated
local advisory committees, restricted public input, forgot about
public notice and disregarded procedure which is the ultimate
charge of the chairman. He stated that Dr. White has insulted the
Kenai Pennisula residents with some hyped-up safety concerns. He
stated that if Dr. White fears retribution for a forthcoming hidden
agenda he would like to know about it. He added Dr. White has
trivialized every fishery in state. Mr. McCombs asked that Dr.
White not be confirmed. He stated that he supported Mr. Nelson as
it is long overdue to have some more diversity on the board, not
having three board members from the Cook Inlet area alone.
Number 0452
BILL SULLIVAN, testified via teleconference from Kenai against Dr.
White's appointment to the Board of Fisheries because there is an
imbalance on the board as it relates to board members and their
expertise on a wide range of fisheries. This presents the
opportunity for the Board of Fisheries to load its positions on
specific issues and it has happened in respect to Cook Inlet
salmon. He challenged the legislature to question Dr. White on his
involvement and justification of the board generated out of cycle
proposal to allocate 20 percent of the salmon bound for the
Northern District of Cook Inlet to setnetters fishing in the
Northern District. He stated that he would like Dr. White to be
questioned on how he sees his sub-committee process accommodating
advisory committee positions with respect to multiple sub-
committees occurring simultaneously and the advisory
representatives not be able to attend those meetings.
Number 0475
DALE BONDURANT, testified via teleconference from Kenai that he has
attended the meetings over the last 40 years and Dr. White is one
of the best chairmen that he has ever seen. He stated that there
is a lot more concern in the Chichagof management area especially
in Cook Inlet regarding the depressed fishery stocks. He stated
that the board has done a good job, although he does not agree with
them all the time. He stated that he supports Dr. White.
Number 0502
KARL KIRSHER, Executive Director, Kenai Pennisula Fishermen's
Association (KPFA), testified via teleconference from Kenai that
KPFA is concerned with the new subcommittee process initiated by
Dr. White. KPFA hopes that the committee will question Dr. White
on the subcommittee process and determine whether the process
enhances or detracts from the public participating in the
regulatory process. He agreed that the increased opportunity for
public participation is only for the benefit of the two board
members that are sitting on the committee. He stated that the
other board members as a result get less information than in the
past process because staff reports, advisory committee reports and
public testimony are abbreviated. He stated that KPFA sees many
potential problems with the system, obviously which Board of
Fisheries members that sit on committee will affect how the
committee prioritizes the proposals, write the report and what
recommendations the committee makes to the full board. He pointed
out the board relies heavily on the recommendations as they do not
have the benefit of the ADF&G staff report given to the committee
or the questions asked by the committee of the staff. The normal
procedure of the ADF&G staff giving reports at the start of the
meeting is abbreviated and the information is not fully discussed
until the committee meeting. The public and advisory committee
testimony, while still heard, takes a back set to the input of
those people to sit on advisory panel. He asked that the committee
question Dr. White on the procedure.
Number 0527
CHAIRMAN AUSTERMAN asked if he was taking a position on either of
the candidates.
MR. KIRSHER responded that he will be listening in to the rest of
the deliberations.
Number 0531
JOHN EFTA, testified via teleconference from Kenai, against Dr.
White's reappointment. He stated that his actions in regard to the
Cook Inlet drainage do not show his concern as there is hardly any
restrictions placed on in-river fisheries and the discreet stocks.
Number 0541
PAUL SHADURA, testified via teleconference from Kenai that he would
not like to see Dr. White reconfirmed even though he believes he is
intelligent, however his arrogance precedes his intelligence. He
stated that his concept of sustainable yields are naive and will
result in inequalities and inequities throughout the state and the
result will be a down turn of what has been developed over the last
50 years. He stated that he supports Mr. Nelson's recommendation
to be appointed on the board.
Number 0553
MEL ERIKSON, President, Kenai River Professional Guide Association
(KRPGA), testified via teleconference from Kenai in support of the
confirmation of Dr. White. He is fair in the contentious
allocation issues and is concerned with the conservation and
sustainability of the fishery. He stated that KRPGA fully supports
the subcommittee process as it enhances and expands the public
process, he stated that it gives the chance for opposing sides on
contentious issues to come to the table and reach a compromise. He
stated that KRPGA supports Mr. Nelson as well.
Number 0564
JOE HANES testified via teleconference from Kenai that he has been
participating in the board process since 1985 and feels that Dr.
White has done an excellent job in bringing the groups to the
table. He stated that he supports the committee process and an
level playing field is starting to evolve for all the stake
holders. He stated that he supports Dr. White's confirmation.
Number 0574
REUBEN HANKE testified via teleconference from Kenai that Dr. White
has done a fantastic job of running the show and has made progress
with the subcommittee process that he has started which allows for
equal representation throughout the board process. He stated that
he supports the reconfirmation of Dr. White.
Number 0581
BRAD ADAMS testified via teleconference from Kenai in support of
Dr. White, because he is fair and hardworking.
Number 0590
TERRY HOEFFERLY, Chief of Operations, Bristol Bay Native
Association, testified via teleconference from Dillingham in
support of both Dr. White and Mr. Nelson. He stated that he has
known Dr. White for 25 years and believes he has the highest
integrity and concern for the resources of this state. He stated
that Dr. White had taken great steps in renewing public confidence
in the board process. He stated that the sustainable fisheries
process that the board is undertaking is a process that holds out
hope for the continued strength of the fisheries throughout the
state. He stated that in regards to Mr. Nelson, he is a friend of
the past 10 years and a fellow employee. He stated that he is
organized and alert and pays attention to the important things and
his past performance as chairman of the rural television system
pays tribute to his ability to recognize what is important in
issues and to pay attention to them. He stated that politically
Mr. Nelson enjoys a consensus among the varied fisheries interests
that are present in Bristol Bay and that is miraculous considering
the differences. He stated that Mr. Nelson's experience as
environmental coordinator for the Natural Resources Department of
the Bristol Bay Native Association, demonstrates his concern for
the resource and organizational abilities.
Number 0640
ROGER NORIS-TULL, Biologist, testified via teleconference from
Dillingham that he is familiar with Mr. Nelson's skills and is
confident and supportive in the scientific realm. He stated that
he is also supportive of Mr. Nelson's capabilities to address the
various fishing interests in a fair and balanced manner.
Number 0657
JENNIFER CHRIS, Fisheries Biologist, Association of Village
Council Presidents - Bethel (AVCP), testified via teleconference
from Bethel that she is testifying on behalf of the 56 tribal
governments within the Yukon-Kuskokwim Delta. She stated that AVCP
is in support of Mr. Nelson and Dr. White. She stated that Mr.
Nelson has played a major role in advocating the rural and native
concerns of Western Alaska with the Federal Subsistence Board and
the Board of Fisheries. She stated that his relationship with the
fishing communities of Alaska is beneficial to the aim of the
current Fish and Game Management Advisory system. She stated that
Dr. White has been tremendous in his duties as chairman and in his
duties to Southwest Alaska. She stated that his dedication to the
committee process illustrates his intentions of conducting fair and
productive meetings. She stated that the committee process allows
a more face to face approach to ideas on proposals. She stated
that it is important for the make-up of the board to include
representation of the Bristol Bay and Yukon-Kuskokwim region. She
asked that they both be confirmed on the Board of Fisheries.
TAPE 98-14, SIDE B
[NO RECORDING ON SIDE B, MINUTES RECONSTRUCTED FROM LOG NOTES]
Number 0005
CHAIRMAN AUSTERMAN read out the names and positions taken by each
of the written testimonies received: United Cook Inlet Drift
Association supports Mr. Nelson and opposes Dr. White; Cordova
District Fishermen United opposes Dr. White; Cook Inlet Sport
Fishing Caucus endorses both; United Fishermen of Alaska opposes
Dr. White; David Martin of Calm Gulch opposes Dr. White; and the
Kenai/Soldotna Fish & Game Advisory Committee opposes Dr. White.
Number 0052
DEAN PADDOCK, representing himself, stated that he is a 40-plus
year resident of Alaska. He stated that he supports Dr. White, as
he is intelligent, well informed, and capable. He stated that he
speaks from direct observation and experience. He believes that
the direction Dr. White has led the board has been a good one. Mr.
Paddock stated that he was disappointed to see the opposition to
Dr. White's confirmation. He commended Dr. White and urged his
confirmation. He stated that he does not know Russell Nelson but
would support his confirmation.
Number 0127
CHAIRMAN AUSTERMAN asked if there was anymore outside testimony and
opened it to questions from the committee.
Number 0127
REPRESENTATIVE IVAN IVAN stated that he supports Mr. Nelson, as he
appears to have a rich work history. He stated that he respects
Dr. White's past experience and work in the lower Kuskokwim and
Arctic Yukon-Kuskokwim areas. He congratulated and wished him
luck.
Number 0165
REPRESENTATIVE HODGINS stated that he saw a newspaper article about
a Board of fisheries meeting in Soldotna and asked Dr. White how
the board arrived at deciding the meeting place. He asked who was
at that board meeting.
Number 0190
DR. WHITE stated that the board got together to discuss
alternatives. He said that everyone except Mr. Angeson (sp) was
there.
Number 0204
REPRESENTATIVE HODGINS asked Dr. White if it was unanimous not to
go to Soldotna. He said it was a slap in the face to his community
and he would like to speak to each member on the board.
Number 0215
DR. WHITE stated that is was not a decision but a discussion
representing the concern of the board members and himself. The
choices were Cooper Landing, Girdwood and Soldotna.
Number 0231
REPRESENTATIVE HODGINS asked Dr. White if the newspaper blew it out
of proportion. He stated that the newspaper said that the security
problem was in Anchorage, not in Soldotna.
Number 0240
DR. WHITE stated that they were not exclusively considering which
community to hold the meeting in, the board also takes into
consideration the requirements for public safety as often as they
can.
Number 0248
REPRESENTATIVE HODGINS stated that he could tell he wasn't going to
get a straight answer. He will not allow individuals to do that
kind of action against his community. He stated that was a
tremendous insult. He stated that Dr. White's resume looks like he
has done well and he doesn't want to oppose Dr. White, but he will.
Number 0274
CHAIRMAN AUSTERMAN stated that there are no more questions. He
indicated the committee report does not reflect a commitment to
confirm Dr. White on the floor during joint session.
Number 0297
REPRESENTATIVE IVAN moved to forward Mr. Nelson's name to joint
session. He then moved to forward Dr. John White's name to joint
session.
Number 0306
REPRESENTATIVE HODGINS objected.
Number 0309
CHAIRMAN AUSTERMAN stated if the committee members don't sign, it
automatically gets forwarded to the House Resource Committee. He
then called a brief at ease.
CHAIRMAN AUSTERMAN called the meeting back to order.
CHAIRMAN AUSTERMAN stated that there is a motion before the
committee with an objection.
Number 0316
REPRESENTATIVE HODGINS stated that he would remove his objection
and take it up during the joint floor session.
CHAIRMAN AUSTERMAN stated that the objection to moving Dr. White's
name forward has been removed. He stated that both Mr. White and
Mr. Nelson appointments will move out of the House Special
Fisheries Committee.
Number 0326
MR. NELSON thanked the committee.
Number 0329
DR. WHITE thanked the committee for their consideration.
ADJOURNMENT
Number 0331
CHAIRMAN AUSTERMAN adjourned the House Special Committee on
Fisheries meeting at 6:08 p.m.
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