Legislature(2007 - 2008)CAPITOL 124

01/29/2007 08:00 AM House FISHERIES


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08:08:40 AM Start
08:09:11 AM Overview: Alaska Board of Fish
09:09:58 AM Overview: North Pacific Fisheries Management Council
10:12:47 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overviews: TELECONFERENCED
- Alaska Board of Fisheries
- North Pacific Fisheries Management
Council
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                        January 29, 2007                                                                                        
                           8:08 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Kyle Johansen                                                                                                    
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Harris                                                                                                      
Representative Gabrielle LeDoux                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEWS(S):                                                                                                                   
                                                                                                                                
ALASKA BOARD OF FISH                                                                                                            
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
NORTH PACIFIC FISHERIES MANAGEMENT COUNCIL                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to report                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JIM MARCOTTE, Executive Director                                                                                                
Board of Fisheries (BOF)                                                                                                        
Boards Support Section                                                                                                          
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented an overview of the BOF meeting                                                                   
process, and responded to questions.                                                                                            
                                                                                                                                
STEPHANIE MADSEN, Chair                                                                                                         
North Pacific Fishery Management Council (NPFMC)                                                                                
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Presented an  overview of  the NPFMC,  and                                                               
responded to questions.                                                                                                         
                                                                                                                                
CHRIS OLIVER, Executive Director                                                                                                
North Pacific Fishery Management Council (NPFMC)                                                                                
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Presented  specific aspects  of the  NPFMC                                                               
overview, and responded to questions.                                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order at  8:08:40  AM.    Representatives                                                             
Wilson, Johansen, Holmes, and Edgmon  were present at the call to                                                               
order.  Representatives LeDoux was on an excused absence.                                                                       
                                                                                                                                
^OVERVIEW:  ALASKA BOARD OF FISH                                                                                              
                                                                                                                                
8:09:11 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  first order of business would be                                                               
a  presentation  by  the  Alaska  Department  of  Fish  and  Game                                                               
(ADF&G), Board of Fisheries (BOF).                                                                                              
                                                                                                                                
JIM  MARCOTTE,  Executive  Director, Board  of  Fisheries  (BOF),                                                               
Boards Support Section, Alaska Department  of Fish & Game (ADF&G)                                                               
began  by noting  that the  board's  process has  a "high  public                                                               
profile."   He explained that  the core function  of  the  BOF is                                                               
the   allocation  of   fisheries   resources.     Directing   the                                                               
committee's attention  to slide 3  [page 2] of  his presentation,                                                               
entitled  "Main   Function  Of   The  Board:     Allocation,"  he                                                               
paraphrased  from  the  written statement  [original  punctuation                                                               
provided]:    "By  taking  on   the  task  of  resolving  fishery                                                               
disputes,  the  board  takes  the  politically-charged  issue  of                                                               
allocation away from the fishery  managers and politicians."  Mr.                                                               
Marcotte explained that the board  is highly responsive to public                                                               
input.   Additionally   he  noted that  the board's  authority is                                                               
generally  within the  3 mile,  offshore limit  with the  federal                                                               
agency governing  the 3-200  mile limit.   The board  members are                                                               
appointed by  the Governor  and confirmed by  a joint  session of                                                               
the  legislature.   He  named the  seven  current board  members,                                                               
explained that  they serve staggered  terms, and stated  that two                                                               
member's terms will expire at the end of June, 2007.                                                                            
                                                                                                                                
8:13:16 AM                                                                                                                    
                                                                                                                                
MR. MARCOTTE  reviewed the major  steps in the  proposal process.                                                               
In April, the board solicits  proposals for consideration.  Those                                                               
received are  posted on  the BOF  website, as  well as  mailed to                                                               
approximately  2,800   people  on   the  board's   mailing  list;                                                               
including  members of  this legislative  committee.   The  public                                                               
review and  comment period  lasts for  3-6 months,  with meetings                                                               
scheduled from October  to March.  Following  the board meetings,                                                               
any new regulations  get "packaged up" for a final  review by the                                                               
Department of  Law (DOL), prior  to being reviewed and  signed by                                                               
the Lieutenant  Governor.  New regulations  are effective 30-days                                                               
following  the  Lieutenant  Governor's approval.    Mr.  Marcotte                                                               
pointed out  that, for expediency,  regulations may  be developed                                                               
under   the  board's   "emergency  action   authority,"  however,                                                               
regulations  created by  this authority  are not  permanent.   He                                                               
described  how  the  board addresses  issues  for  the  different                                                               
fisheries,  and geographic  areas of  the state,  on a  rotating,                                                               
three-year basis.                                                                                                               
                                                                                                                                
8:16:03 AM                                                                                                                    
                                                                                                                                
MR.  MARCOTTE directed  the committee's  attention to  the sample                                                               
proposal form on  slide 7 [page 4], and noted  that proposals are                                                               
received  in a  variety of  formats, however  each proposal  must                                                               
provide: 1)  a description of the  issue or problem; and  2) what                                                               
the responder  would like to see  in the regulations.   The board                                                               
recognizes  that most  of the  fisheries  are "fully  allocated";                                                               
therefore, a  proposal will include  a response to  the question:                                                               
"If the  proposal is  adopted, who would  likely benefit  and who                                                               
would likely suffer?"                                                                                                           
                                                                                                                                
8:16:55 AM                                                                                                                    
                                                                                                                                
MR. MARCOTTE referenced  slide 8 [page 4], and  explained the pie                                                               
chart:   slightly more  than half of  the proposals  are received                                                               
from the public  with the remainder are received  from local fish                                                               
and game  advisory committees,  groups and  associations, federal                                                               
regional advisory councils, village  councils, the boards itself,                                                               
and ADF&G.                                                                                                                      
                                                                                                                                
8:17:39 AM                                                                                                                    
                                                                                                                                
MR. MARCOTTE  described the  typical agenda  for a  board meeting                                                               
beginning  with  introductions,   ethics  disclosures  and  staff                                                               
reports.  The  oral public testimony typically takes  up the bulk                                                               
of  the meeting  with  each  member of  the  public awarded  five                                                               
minutes, and advisory committee members  allowed 15 minutes.  The                                                               
aspect  of the  meeting  divides the  board  into committees,  or                                                               
"break  out groups,"  to deliberate  the  various proposals  with                                                               
members  of  the  public  and  advisory  boards.    For  "detail-                                                               
specific" issues, the  "break-out" committees may come  up with a                                                               
solution, which goes back to  the full board as a recommendation.                                                               
For  larger  policy  issues,  the   committee  process  helps  to                                                               
identify  the  scope  of  the  issues prior  to  the  full  board                                                               
discussion   that  follows.     Afterwards,   the  meetings   are                                                               
summarized and posted on the board website.                                                                                     
                                                                                                                                
8:19:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   WILSON   commented   that  during   the   ethics                                                               
disclosure aspect of the meeting,  some of the board members must                                                               
excuse  themselves, despite  their knowledge  of the  issue under                                                               
discussion.  They  then become part of the  public delegation and                                                               
are  restricted,  despite  their   expertise,  to  5  minutes  of                                                               
testimony.  She  opined that, although there may be  a reason for                                                               
these members to abstain from voting  on a given topic, it may be                                                               
important for them to be included for discussion purposes.                                                                      
                                                                                                                                
MR. MARCOTTE explained  that a slide would be  forth coming which                                                               
would provide a  response to the conflict issue;  pertinent to HB
15.                                                                                                                             
                                                                                                                                
8:21:23 AM                                                                                                                    
                                                                                                                                
MR. MARCOTTE  continued with slide  10 [page 5],  indicating that                                                               
about one-third of the proposals  are adopted as submitted, while                                                               
others are adopted after amendment.   Some proposals may fail, or                                                               
action  on them  may  be deferred  until a  future  meeting.   In                                                               
response to  a question  from Chair  Seaton, Mr.  Marcotte stated                                                               
that some deferred proposals are  considered at the final meeting                                                               
for the  year, which occurs in  March, while others are  taken up                                                               
as part  of the 3 year  cycle agenda.  He  referenced 3 proposals                                                               
from the  most recent Bristol  Bay meeting, which the  board felt                                                               
were  unique  "restructuring   proposals,"  requiring  additional                                                               
information.   These proposals  will be on  the agenda  again, in                                                               
the next Bristol Bay cycle.                                                                                                     
                                                                                                                                
8:24:40 AM                                                                                                                    
                                                                                                                                
MR.  MARCOTTE  stated  that  68  local  fish  and  game  advisory                                                               
committees  generating topics  for  review.   The joint  advisory                                                               
committee will have  its annual meeting in October,  2007.  These                                                               
committees are  made up  of "local  experts" who  volunteer their                                                               
time.  Each  advisory committee focuses on its  regional or local                                                               
issues,  however, when  the  issues  are brought  to  the BOF,  a                                                               
"state-wide view"  is imposed, and legal  aspects are considered.                                                               
In  this  process, he  noted  that,  "often local  concerns  move                                                               
forward, sometimes  they don't."   The state provides  4 seasonal                                                               
support  staff  for  the  1,000 members  of  the  local  advisory                                                               
groups.  Responding  to Chair Seaton, he confirmed  that prior to                                                               
the  early  1990's  there   existed  a  state-sponsored  regional                                                               
council  system, whereby  the chairs  of each  of the  individual                                                               
committees  met to  identify common  issues.   Although this  was                                                               
helpful, due  to the expansion  of federal  subsistence interest,                                                               
which provides  10 regional advisory  councils (RACs),  the state                                                               
councils  were curtailed.   He  affirmed the  Chair's observation                                                               
that these RACs do not look directly at non-subsistence uses.                                                                   
                                                                                                                                
8:28:25 AM                                                                                                                    
                                                                                                                                
MR. MARCOTTE used  the chart on slide 13 [page  7], to illustrate                                                               
the  number of  proposals  and  the amount  of  oral and  written                                                               
testimony that was considered at  the BOF meetings in January and                                                               
December 2006.   He  explained that input  comes from  many state                                                               
and  federal   agencies  including:     ADF&G,   DOL,  Commercial                                                               
Fisheries  Entry Commission  (CFEC),  Alaska  Bureau of  Wildlife                                                               
Enforcement  (ABWE)/Department  of  Public  Safety  (DPS),  North                                                               
Pacific  Fishery Management  Council (NPFMC),  and the  Office of                                                               
Subsistence  Management.    He  added that  the  BOF  also  holds                                                               
periodic meetings with the NPFMC.                                                                                               
                                                                                                                                
MR. MARCOTTE reviewed  the legal and policy  directives which the                                                               
board must  consider when deliberating decisions.   This includes                                                               
the  "sustained yield  principle,"  which is  "anchored into  the                                                               
Alaska Constitution."  A unique  provision, it is instrumental in                                                               
Alaska's fisheries  management, and  "has a unifying  effect [as]                                                               
it's  one of  the things  that different  fishing groups  can all                                                               
agree on;  the value  of sustained  yield."   In addition  to the                                                               
Alaska Constitution, there  are a number of  statutes that govern                                                               
the boards operations, including  the Board of Fishery Authority,                                                               
Alaska Administrative Procedures Act,  Open Meetings Act, and the                                                               
Executive Branch Ethics Act.                                                                                                    
                                                                                                                                
8:32:52 AM                                                                                                                    
                                                                                                                                
MR.  MARCOTTE directed  the committee's  attention to  the packet                                                               
handout  titled Summary  of Board  of Fisheries  Vote Abstentions                                                               
(2001-2006);  briefly  referred to  as  "conflicting  out."   The                                                               
summary establishes that on a  six year cycle, this action occurs                                                               
about 10 percent of the time,  on any given issue.  Conflicts may                                                               
arise depending on the meeting cycle,  as a board member may only                                                               
have a conflict in a given area.                                                                                                
                                                                                                                                
8:34:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON opined  that,  regardless  of the  region,                                                               
many  times   the  person   with  the   most  information   on  a                                                               
situation/subject is unable to provide  detailed input due to the                                                               
requirement  to   conflict  out.     Although  she   agreed  that                                                               
abstinence from voting  may be prudent, she  stressed her concern                                                               
for having  a person with  expertise on  an issue, be  limited to                                                               
testifying as  a member  of the  public; a 5  minute limit.   She                                                               
underscored  that this  is unfortunate,  and  asked which  group,                                                               
subsistence vs. sports fishing vs.  commercial fisheries, is most                                                               
effected by this requirement.                                                                                                   
                                                                                                                                
MR.  MARCOTTE  responded  that conflicts  generally  occur  where                                                               
"there is  an economic consideration",  so it rarely shows  up in                                                               
subsistence issues.                                                                                                             
                                                                                                                                
REPRESENTATIVE  WILSON stated  that, regardless  of the  interest                                                               
group being effected, the issue  remains that the people with the                                                               
most knowledge  are not necessarily being  allowed to participate                                                               
fully, at the  in-depth discussion level.  She  stressed that the                                                               
decision makers should have "all  the information at hand that is                                                               
possible."                                                                                                                      
                                                                                                                                
8:38:03 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  noted  that  there  will  be  a  bill  before  the                                                               
committee  regarding  conflicting  out.     Also,  he  referenced                                                               
legislative  attempts to  include the  subsistence economy  as an                                                               
economic  base;  yet  it  appears that  the  board  excludes  the                                                               
subsistence  economy from  the base  and does  not consider  it a                                                               
reason for a board member to conflict out.                                                                                      
                                                                                                                                
MR. MARCOTTE  confirmed Chair Seaton's understanding,  but stated                                                               
that at the board level,  the Department of Law's recommendations                                                               
are followed,  which indicate  that a  conflict requires  a "more                                                               
direct or tangible" economic interest.                                                                                          
                                                                                                                                
CHAIR SEATON  requested that for  future discussion  Mr. Marcotte                                                               
get  an opinion  from the  Department of  Law as  "to how  we are                                                               
taking the  subsistence economy and  excluding it"  from conflict                                                               
of interest determinations.                                                                                                     
                                                                                                                                
8:40:27 AM                                                                                                                    
                                                                                                                                
MR. MARCOTTE noted that the  board must follow criteria governing                                                               
allocation as  found in  AS 16.05.   Other  key statutes  for the                                                               
board  are  those  governing  management  of  wild  and  enhanced                                                               
stocks,  and  subsistence.   In  addition  to statutory  criteria                                                               
considered during the decision process,  the board must also take                                                               
into  account the  regulatory guidelines  for policies  governing                                                               
the:    Sustainable  Salmon Fisheries;  Escapement  Goals;  Mixed                                                               
Stock Salmon Fisheries; and Emerging Fisheries.                                                                                 
                                                                                                                                
8:42:37 AM                                                                                                                    
                                                                                                                                
MR. MARCOTTE, explained  slide 22 [page 11] and how  a BOF agenda                                                               
item may be  rescheduled.  This allows the public,  ADF&G, or the                                                               
board to identify  action items which cannot wait  until the next                                                               
3 year cycle.   He fully described the time  lines and procedures                                                               
for  rescheduling  an  issue.    In response  to  a  question  he                                                               
confirmed that  any regional issue  can be brought to  the agenda                                                               
out  of  cycle.    Furthermore,   there  are  emergency  petition                                                               
procedures  for unforeseeable  events,  such as  a regulatory  or                                                               
biological  change.    Subsistence  items  are  also  allowed  an                                                               
expedited review.                                                                                                               
                                                                                                                                
8:44:59 AM                                                                                                                    
                                                                                                                                
MR. MARCOTTE reviewed some of  the recent board actions, starting                                                               
with the development  of the Chignik [Cooperative]  Fishery.  The                                                               
board revised  some regulations,  an action which  was challenged                                                               
in  court.   The state  lost in  court; as  a result  the Chignik                                                               
cooperative to  a limited entry  fishery  In contrast,  the state                                                               
prevailed in a  lawsuit which challenged board  Proposal 52, that                                                               
closed  some commercial  fishing  openings at  the  mouth of  the                                                               
Copper  River.   Mr. Marcotte  opined  that the  main reason  the                                                               
state  prevailed  in this  lawsuit  was  because the  board  "did                                                               
address  the subsistence  needs," and  the court  took this  into                                                               
consideration  in  upholding  the  board action.    Mr.  Marcotte                                                               
reviewed the "complicated issue"  of Chinook salmon allocation in                                                               
Southeast,  after  a  year-long  process, the  board  adopted  an                                                               
abundance-based management plan for  Taku River Chinook salmon in                                                               
January 2006.                                                                                                                   
                                                                                                                                
8:47:27 AM                                                                                                                    
                                                                                                                                
MR.  MARCOTTE  summarized by  noting  that  the board  follows  a                                                               
structured,  predictable  process with  a  high  level of  public                                                               
participation.   The board strives  to uphold the  credibility of                                                               
its public process.                                                                                                             
                                                                                                                                
8:47:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON, inquired how  adequate the current funding                                                               
level  is, considering  the high  level  of public  participation                                                               
requiring the board to "get out to where the constituents are."                                                                 
                                                                                                                                
MR.  MARCOTTE  replied that  the  current  funding level  appears                                                               
adequate,  but  noted  that budget  cuts  would  "compromise  the                                                               
program."  For  example, he said, a previous  budget cut resulted                                                               
in the  local fish and game  advisory committees not on  the road                                                               
system  to meet  only once  a year,  due to  travel costs.   This                                                               
caused   their  meeting   schedule  to   fall  below   regulatory                                                               
standards.   Although the road  system local committees  can meet                                                               
at virtually  anytime, it was  not possible to maintain  a viable                                                               
advisory committee  system in  the remote  areas given  the costs                                                               
involved.  Legislative funding increases,  in the last two years,                                                               
have  provided  each locale  the  ability  to hold  two  advisory                                                               
committee meetings  a year.   Another cost saving  measure forced                                                               
the  board  to  meet  only  in the  urban  centers:    Fairbanks,                                                               
Anchorage, and  Juneau.  The  increment increase has  allowed the                                                               
board to  once again  meet in the  regional centers:   Ketchikan,                                                               
Dillingham,  Homer, and  Kodiak.   Additionally,  he noted,  that                                                               
four regional  coordinators are funded  for 10 months  each year.                                                               
Located in  Fairbanks, Anchorage, Dillingham, and  Kotzebue these                                                               
biologists provide  support to the regional  advisory committees.                                                               
Prior to  budget cuts, a  fifth coordinator position  was located                                                               
in Bethel,  but has  not been recouped.   The  other coordinators                                                               
afford some  support to  the Bethel  regional committees,  but it                                                               
remains a compromised situation.                                                                                                
                                                                                                                                
8:51:49 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked whether  there are  any policy  problems that                                                               
hinder  the  board  when proposals  are  received  which  require                                                               
coordination with  NPFMC for issues of  0-3 miles, as well  as 3-                                                               
200 miles, offshore.  He asked to have the process explained.                                                                   
                                                                                                                                
MR. MARCOTTE stated that the process  is new to him, however, the                                                               
coordination works  well and both  bodies recognize  each other's                                                               
roles in  managing the  fisheries.  He  opined, "In  general very                                                               
excellent  coordination."    To   Chair  Seaton's  follow-up,  he                                                               
responded  that  he  is  not   aware  of  any  board  actions  or                                                               
regulatory implementation  delays due  to the need  to coordinate                                                               
with  the  federal fisheries  meeting  agenda  cycle, or  pending                                                               
joint board and council meetings.                                                                                               
                                                                                                                                
8:53:46 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  recalled  an override  closure  provision  whereby                                                               
local  committees could  act to  close  a harvest  area based  on                                                               
local  knowledge,  or  assessment  of an  emergency.    He  asked                                                               
whether this is still in place.                                                                                                 
                                                                                                                                
MR. MARCOTTE replied  that, although this provision  is in place,                                                               
it  has  proven  to  be   cumbersome  and  unwieldy  due  to  the                                                               
requirement  to obtain  concurrence from  all the  other advisory                                                               
committees in the "areas of  jurisdiction."  Therefore it has not                                                               
been  used  successfully in  the  last  10  years.   Usually,  he                                                               
opined, if  there is a  management crisis  in an area,  ADF&G and                                                               
BOF are  "on top of  that."  In  further response he  stated that                                                               
the override authority is a regulatory proviso.                                                                                 
                                                                                                                                
8:55:37 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  referred to the  difference between  the allocation                                                               
and management  decision process  employed by  the board.   Using                                                               
the example of the "windows  [closures] in Cook Inlet", having no                                                               
relationship to the actual run timing of the fish, he asked:                                                                    
                                                                                                                                
     Is   the  board   addressing  that   problem  [mandated                                                                    
     closures], and at what level  do these management plans                                                                    
     go away from allocation  and actually become management                                                                    
     decisions ....                                                                                                             
                                                                                                                                
MR. MARCOTTE noted that many  fisheries are managed around plans,                                                               
which  establish  "some  basic  guiding  ideas,  maybe  a  target                                                               
allocation  between   user  groups,"  to  give   ADF&G  in-season                                                               
management  tools;  affecting  gear  restrictions,  or  emergency                                                               
closures.    He observed,  "The  department  in general  is  very                                                               
nervous about  making allocative decisions;" preferring  that the                                                               
management  plans deal  with allocative  aspects.   Regarding the                                                               
Cook  Inlet example,  Mr.  Marcotte pointed  out  that there  are                                                               
several   management    plans,   which   have    "some   internal                                                               
inconsistencies  among  them."    Currently a  draft  summary  is                                                               
posted on  the board's  web site,  soliciting public  comments to                                                               
identify the issues for the board meeting in April, 2007.                                                                       
                                                                                                                                
CHAIR SEATON cautioned that issues  can arise if management plans                                                               
become too  specific.  These  concerns of this regard,  are often                                                               
brought to the  attention of this committee by  constituents.  He                                                               
posed a question for the BOF:                                                                                                   
                                                                                                                                
       We [the committee] would like to ... look at that                                                                        
       balance of where does a management plan become the                                                                       
     actual  in-season management,  and  [thus] restrict  or                                                                    
     take away  the authority of the  Commissioner to manage                                                                    
     the  fishery for  the  biological  parameters that  the                                                                    
     board has outlined.                                                                                                        
                                                                                                                                
9:00:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES asked  for an  update on  the 2006  salmon                                                               
industry  restructuring  recommendations,  as set  forth  in  the                                                               
committee handout.                                                                                                              
                                                                                                                                
MR.   MARCOTTE  explained   that  the   board  worked   with  the                                                               
legislature   to   establish   a   Commercial   Salmon   Industry                                                               
Restructuring  workgroup.    Out   of  that  workgroup  came  the                                                               
recommendations contained  in the committee packet  titled Report                                                               
and Recommendations  to Alaska State Legislature,  February 2006.                                                               
Some  proposals  request making  "fundamental  changes  in how  a                                                               
fishery  operates."   The board  adopted the  plan, but  "how the                                                               
board ...  works with  this is  - we're  in a  little bit  of new                                                               
waters on it."  There is a  list of 11 questions for public input                                                               
regarding fishery  restructuring efforts, and the  board can look                                                               
at the "economic dimensions of  changes on those fisheries."  The                                                               
board expects  to determine which proposals  can be characterized                                                               
as restructuring proposals.   The next step will be  to "get back                                                               
to the  proposer's, ... ask  for more information,  and encourage                                                               
them to bring  a more complete analysis back to  the board."  Mr.                                                               
Marcotte noted that much of  the economic analysis, some of which                                                               
is quite complex,  will "fall to the  stakeholder groups" because                                                               
ADF&G  does  not  have  the  capacity  to  complete  an  in-house                                                               
economic analysis.  The sole  ADF&G economist is largely assigned                                                               
to federal, not state, managed fisheries.                                                                                       
                                                                                                                                
9:03:58 AM                                                                                                                    
                                                                                                                                
The committee  took a brief  at ease  from 9:04:29 AM  to 9:09:58                                                           
AM.                                                                                                                           
                                                                                                                                
^OVERVIEW:  NORTH PACIFIC FISHERIES MANAGEMENT COUNCIL                                                                        
                                                                                                                                
9:09:58 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the next order of  business would be                                                               
a presentation by the North Pacific Fishery Management Council.                                                                 
                                                                                                                                
STEPHANIE  MADSEN,   Chair,  North  Pacific   Fishery  Management                                                               
Council  (NPFMC),  provided  a  brief  history  of  the  council.                                                               
Established 30 years  ago, it is guided  by the Magnusson-Stevens                                                               
Act, and  is one of 8  regional management councils.   Ms. Madsen                                                               
directed  the   committee's  attention  to  the   booklet  titled                                                               
Celebrating  30 Years  of Sustainable  Fisheries, which  provides                                                             
information  on the  history of  the council.   Of  the NPFMC  11                                                               
voting members, 6  are from Alaska, 3 are  from Washington State,                                                               
1 is  from Oregon, and  1 is  from the National  Marine Fisheries                                                               
Service  (NMFS).   Representatives from  other state  and federal                                                               
agencies  sit  at the  council  table  and  are allowed  to  make                                                               
motions, but are not voting members.                                                                                            
                                                                                                                                
9:12:49 AM                                                                                                                    
                                                                                                                                
MS. MADSEN explained  that the council appoints 20  members to an                                                               
Advisory  Panel(AP).   Appointments to  the AP  are pro-rated  to                                                               
reflect the makeup  of the council.  There is  also a Science and                                                               
Statistical  Committee (SSC)  that is  appointed by  the council.                                                               
All issues go before both the  AP and the SSC, and public comment                                                               
is taken.   For  each agenda  item, reports  are received  by the                                                               
council from  the staff, the  AP and the  SSC.  The  council then                                                               
takes  public comment.    She  reported that  this  results in  a                                                               
transparent,  although  slow  process,   and  stressed  that  the                                                               
council complies with  various acts and executive  orders.  Being                                                               
appointed by  the governor, each  council member takes  a federal                                                               
oath of service.  Furthermore,  she said that council members are                                                               
required  to  file  annual  disclosure  statements  of  financial                                                               
interests  related  to  fisheries  issues that  come  before  the                                                               
council.   Additionally,  the  National  Oceanic and  Atmospheric                                                               
Administration General  Counsel (NOAAGC), occupies a  seat on the                                                               
NPFMC  and  reviews the  disclosure  statements  relative to  the                                                               
actions  before the  council.   The NOAAGC  notifies any  council                                                               
members if  it appears  there is  a conflict of  interest.   If a                                                               
conflict of  interest exists,  the member  is precluded  from all                                                               
activities, and  to testify they  must go  to the "other  side of                                                               
the  table."   In response  to a  question, she  stated that  the                                                               
threshold for a conflict of  interest is considered to be control                                                               
of 10 percent of a fishery.   In addition to financial interests,                                                               
council  members  must  disclose  if  they  are  employed  by  an                                                               
interest or advocacy group.                                                                                                     
                                                                                                                                
9:16:59 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  asked  whether  there  is  a  discernment  between                                                               
conflicts effecting voting, and  conflicts which would prohibit a                                                               
member from reporting.                                                                                                          
                                                                                                                                
CHRIS   OLIVER,  Executive   Director,   North  Pacific   Fishery                                                               
Management Council  (NPFMC) clarified that "the  10 percent rule"                                                               
dictates  whether  a council  member  can  vote or  not,  whereas                                                               
disclosure of  a member's  association with a  group is  simply a                                                               
reporting rule.                                                                                                                 
                                                                                                                                
9:17:32 AM                                                                                                                    
                                                                                                                                
MS. MADSEN  noted that the  council schedules 5 meetings  a year,                                                               
with 3  held in  Alaska.   Furthermore, the  NPFMC and  the state                                                               
Board of  Fisheries (BOF) coordinate  on proposals through  an ad                                                               
hoc  joint protocol  committee.   The  council and  the BOF  meet                                                               
annually  "as two  complete  bodies"  to increase  communication.                                                               
These efforts to  communicate seem to be  working, although there                                                               
have been some "rough spots" in the past.                                                                                       
                                                                                                                                
MR. OLIVER  added that despite communication  efforts between the                                                               
council and  the BOF,  delays in  some BOF  actions did  occur in                                                               
regard to the issues relating to the Steller Sea Lion.                                                                          
                                                                                                                                
9:21:04 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON reminded  the committee that these  overviews are to                                                               
help  the  new  members  understand the  various  agencies.    He                                                               
encouraged  the committee  members to  attend the  BOF and  NPFMC                                                               
meetings, to  enrich their understanding  of the process  and the                                                               
complexities involved.                                                                                                          
                                                                                                                                
9:22:16 AM                                                                                                                    
                                                                                                                                
MS.  MADSEN   stated  that  of   the  council's   five  fisheries                                                               
management plans(FMPs), 3 of them  "pretty much" defer management                                                               
to  Alaska,   although  the   council  retains   some  management                                                               
authority, such as allocation or license  issues.  The 3 that are                                                               
deferred pertain  to salmon, crab,  and scallop management.   The                                                               
other  two FMP's  cover Bering  Sea/Aleutian Islands  (BSAI), and                                                               
Gulf of Alaska (GOA) groundfish.                                                                                                
                                                                                                                                
9:24:06 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON said that despite the  5 FMPs in use, there has been                                                               
a  question  of whether  an  additional  FMP  is needed  for  the                                                               
Arctic-Beaufort Sea/Chukchi Sea  areas.  He asked  if this leaves                                                               
an opportunity for a "Mr. Big  ... situation where we have people                                                               
going  out without  any control  from the  state or  the [federal                                                               
government]."                                                                                                                   
                                                                                                                                
MS. MADSEN replied that a  discussion paper has been initiated to                                                               
review the  management of the  Arctic waters, and to  consider an                                                               
additional FMP for that area.  She reminded the committee:                                                                      
                                                                                                                                
     If  the council  does  not exercise  its authority  [an                                                                    
     issue] defers  to the  state, but if  the state  is not                                                                    
     set  up  to regulate  that  fishery  it does  not  have                                                                    
     authority either. ... Mr. Big  ... was a scalloper that                                                                    
     came from the  East Coast.  We [NPFMC] did  not, at the                                                                    
     time, have  a scallop  fisheries management plan.   The                                                                    
     state was managing that fishery,  but outside 3 [miles]                                                                    
     the  state didn't  have the  authority to  require that                                                                    
     vessel to  register.   ... [Mr.  Big] stayed  outside 3                                                                    
     [miles] and fished unconstrained.                                                                                          
                                                                                                                                
To  prevent  Mr. Big  from  having  uncontrolled access  to  this                                                               
fishery,  the council  had  to shut  down  all scallop  fisheries                                                               
while  it  developed an  appropriate  FMP;  a process  that  took                                                               
nearly  two years.   Additional  reasons  that an  Arctic FMP  is                                                               
being  considered  include  climate changes,  and  the  northward                                                               
migration of certain species.                                                                                                   
                                                                                                                                
9:26:48 AM                                                                                                                    
                                                                                                                                
MR. OLIVER  briefly reviewed the BSAI  Crab Rationalization Plan.                                                               
This is a  controversial plan with six main issues:   1) Tracking                                                               
consolidation  with potential  revision  to vessel  use caps;  2)                                                               
Magnuson-Stevens Act  (MSA) reauthorization included  a provision                                                               
exempting custom  processing in the North  region (Pribilof) from                                                               
processing share  use caps to  improve efficiency  in processing;                                                               
3) Council  is considering a  similar amendment  exempting custom                                                               
processing  in the  Western Aleutians  from processing  share use                                                               
caps; 4)  18 month  review to  examine arbitration  and potential                                                               
application of  share splits; 5)  Three year review  will examine                                                               
program comprehensively; and 6)  Dispute over potential exemption                                                               
from St. George landing requirement.                                                                                            
                                                                                                                                
CHAIR SEATON  expressed concern about community  impacts, such as                                                               
"processors buying out other processors  and being able to move a                                                               
quota out of the community where it [originated]."                                                                              
                                                                                                                                
MS. MADSEN  replied that  there is a  "2-year stand-down,"  so no                                                               
transfers  are  allowed  until   "things  kind  of  settle  out."                                                               
Additionally,  processing caps  limit a  single processors  to no                                                               
more than  30 percent of the  quota.  This limitation  is to help                                                               
assure  that  "there are  ultimately  always  so many  processors                                                               
available."                                                                                                                     
                                                                                                                                
MR. OLIVER  added that regionalization landing  requirements will                                                               
maintain some level of processing  in certain geographic regions.                                                               
Within the regions,  buy-outs may occur and  some communities may                                                               
be impacted.   However, he  stated that the 3  year retrospective                                                               
will identify these issues.                                                                                                     
                                                                                                                                
9:31:44 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON underscored  that this  is a  concern being  shared                                                               
with   the   committee   regarding  the   crab   rationalization.                                                               
Additionally, he inquired about access  to the NPFMC web site for                                                               
further  information and  updates on  these issues;  to which  he                                                               
received assurance from  Ms. Madsen that the  NPFMC is "friendly"                                                               
and kept current.                                                                                                               
                                                                                                                                
9:32:52 AM                                                                                                                    
                                                                                                                                
MR. OLIVER  established that  the GOA  Groundfish Rationalization                                                               
Plan has been  an issue for a  number of years.   The Steller sea                                                               
lion  closures  had  serious  impacts  to a  number  of  the  GOA                                                               
fisheries.  He  opined that this rationalization  plan has proven                                                               
more complicated  than in areas  farther north due to  the nature                                                               
of the fishery,  and the various vessel and  gear types involved.                                                               
A number of alternatives are  being considered, including options                                                               
on imposing  individual fishery quotas  (IFQs).  However,  due to                                                               
the  pending  assessment  of the  Magnuson-Stevens  Act,  at  the                                                               
Governor's   request,  this   plan   is   currently  "on   hold."                                                               
The  council  is considering  interim  measures  in lieu  of  the                                                               
larger rationalization plan including,  1) a possible pacific cod                                                               
sector split,  and 2)  license limitation program (LLP) revisions                                                               
in the Gulf.                                                                                                                    
                                                                                                                                
MS. MADSEN  interjected that all  of the fisheries, save  for the                                                               
jig fishery,  have been  under an  LLP that  was approved  by the                                                               
council  in 1995-2000,  establishing a  barrier to  entry.   This                                                               
will assist the council when  considering removal of latent LLPs.                                                               
In response  to Chair Seaton, she  said that this relates  to the                                                               
license only not the size of the vessel.                                                                                        
                                                                                                                                
9:36:45 AM                                                                                                                    
                                                                                                                                
MS. MADSEN directed  the committee's attention to page  3, of the                                                               
NPFMC Major  Issues Summary handout,  and highlighted  the Salmon                                                               
Bycatch efforts.  She explained  how the council has governed the                                                               
bycatch  via  a  series  of  management  actions.    Despite  the                                                               
management triggers and restrictions  in place for the commercial                                                               
fleet, she  said, "the salmon  don't know that they  are supposed                                                               
to stay inside  [of a certain] area when we  kick the fleet out."                                                               
Additionally, the  salmon return count, location,  and timing are                                                               
difficult to predict despite management efforts.                                                                                
                                                                                                                                
9:37:43 AM                                                                                                                    
                                                                                                                                
MR. OLIVER referred  to the handout, page 4,  and paraphrased how                                                               
the  council  has been,  and  plans  to, address  this  difficult                                                               
situation [original punctuation provided]:                                                                                      
                                                                                                                                
        · Amendment  84  approved  to exempt  pollock  fleet                                                                    
          from regulatory closures pending participation in                                                                     
          a voluntary rolling hotspot(VRHS) system.                                                                             
        · VRHS system:  Vessels  with high bycatch rates are                                                                    
          subject to weekly closures (ranging 4-7 days)                                                                         
          with financial penalties imposed for non-                                                                             
          compliance.                                                                                                           
        · Formal   implementation  by   the   end  of   2007                                                                    
          (currently EFP).                                                                                                      
        · Additional      management     measures      under                                                                    
          consideration include new closures and biomass-                                                                       
          based caps.                                                                                                           
        · Alternatives  for  new  closures  and  caps  being                                                                    
          refined for analysis in February/April 2007 with                                                                      
          analysis anticipated for 2007.                                                                                        
        · Alternatives and  analysis for  individual bycatch                                                                    
          quotas (IBQs) in 2008/2009.                                                                                           
        · Workshop  at  Science  and  Statistical  Committee                                                                    
          (SSC) on salmon  bycatch in April 2007.   Focus on                                                                    
          salmon   bycatch  patterns,   fleet  behavior   in                                                                    
          response to VRHS  closures and genetic information                                                                    
          on salmon stock of origin.                                                                                            
                                                                                                                                
9:39:04 AM                                                                                                                    
                                                                                                                                
MR. OLIVER pointed out that,  2 years ago, the council eliminated                                                               
the  existing salmon  closure  areas because  they  proved to  be                                                               
counter productive  in terms of  fleet management.   This brought                                                               
the  VRHS  system   into  use,  which  is   still  under  review.                                                               
Permanent  closure areas  will  be  re-established following  the                                                               
review.   He said that the  SSC will include a  report on updated                                                               
genetic information  to provide important stream  of origin data.                                                               
In summary, the high bycatch  numbers are difficult to manage but                                                               
do indicate an abundance of stock.                                                                                              
                                                                                                                                
9:40:07 AM                                                                                                                    
                                                                                                                                
MS.  MADSEN  noted that  there  are  industry efforts  to  create                                                               
salmon  excluder devices,  which  will  be afforded  presentation                                                               
time at the upcoming BOF meeting.   Responding to a question from                                                               
Chair Seaton,  she stated that  the bycatch fishery  is primarily                                                               
an  issue  with  the  Bering Sea  troll  fishery,  however,  some                                                               
bycatch issues are occurring in the GOA troll fishery, as well.                                                                 
                                                                                                                                
9:41:04 AM                                                                                                                    
                                                                                                                                
MS. MADSEN stated  that halibut are an exception to  the NPFMC 3-                                                               
200   mile  management   authority.     Being  an   international                                                               
identified species, halibut are governed  by three entities:  the                                                               
International  Pacific  Halibut  Act  (IPHA),  the  International                                                               
Pacific  Halibut Commission  (IPHC),  and NPFMC,  which for  this                                                               
purpose  governs  the waters  from  0-200  miles offshore.    The                                                               
charter  limit issue  is  huge,  she noted.    The  IPHC takes  a                                                               
leadership  role in  governing  the health  of  the resource  and                                                               
abundance  for   catch  purposes.     Historically,   once  these                                                               
determinations  were   made  the  allocation   authorization  was                                                               
handled by  NPFMC.  Ms.  Madsen acknowledged that  the commercial                                                               
interest is  concerned about  the erosion of  their quota  by the                                                               
sport  charter harvest.   This  issue  is of  primary concern  in                                                               
section [Area]  2C [Southeast];  3A [GOA]  has a  growing concern                                                               
but it has not achieved the proportions of 2C.                                                                                  
                                                                                                                                
9:43:13 AM                                                                                                                    
                                                                                                                                
MR. OLIVER explained  that "a few years ago"  the council adopted                                                               
a guideline harvest level for the  charter fishery.  At the time,                                                               
the limit  was 125 percent  of "what  that current level  was, to                                                               
allow for  some growth."   He reported  that the target  has been                                                               
exceeded the last  couple of years, significantly in  Area 2C, by                                                               
as much  as 40+ percent, thus  pressure has been brought  to bear                                                               
on  the council,  and the  other halibut  governing agencies,  to                                                               
address the situation.   The NPFMC has a  guideline harvest level                                                               
(GHL) trigger that,  when reached, initiates actions  to keep the                                                               
catch  within that  level.   This is  a three  prong action:   1)                                                               
impose a  moratorium on entry  into the charter fishery,  and the                                                               
upcoming  April meeting  will address  this aspect;  2) implement                                                               
proposed measures  which may include:   1) 1 trip per  vessel per                                                               
day, 2) no  retention of halibut catch by skippers  and crews, 3)                                                               
annual catch limits  of 4 or 5  halibut, 4) 1 fish  bag limit for                                                               
June, July,  August, or entire  season, 5) trophy size  limit for                                                               
second fish  between 45 to 60  inches, 6) season closure  date of                                                               
August  15,  August  31,or  September  15, 7)  day  of  the  week                                                               
closure,  8)  and/or  minimum  size  limit of  32  inches.    The                                                               
earliest these  measures could be  implemented by the  council is                                                               
2008.  To bring  the GHL into line for the  2007 season, the IPHC                                                               
has stepped  in to  impose a 1  fish bag limit.   This  action is                                                               
still under approval in Washington  D.C.  The NPFMC will continue                                                               
with the  third aspect of its  three prong approach, which  is to                                                               
develop options for a share-based  program, either client-days or                                                               
quota  shares,  and to  include  some  integration of  management                                                               
plans, for the long term.                                                                                                       
                                                                                                                                
9:46:08 AM                                                                                                                    
                                                                                                                                
MS. MADSEN  noted that although  the NPFMC would like  to respond                                                               
in  a timelier  manner, the  council  is required  to follow  the                                                               
administrative procedure  act (APA), which "takes  us some time."                                                               
Because of  the delay that  these federal procedures  create, the                                                               
state is considering a request  for congressional authority to be                                                               
delegated  to the  BOF for  limited scope  management of  halibut                                                               
charter operations.  The board has  the capability of acting on a                                                               
tighter time  schedule and imposing  in-season restrictions.   An                                                               
authority  delegation   of  this   nature  would  take   time  to                                                               
establish, but it would provide a long term option.                                                                             
                                                                                                                                
9:48:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES   inquired  how  the   council  determines                                                               
charter vs. commercial allocations.                                                                                             
                                                                                                                                
MS. MADSEN explained that, the  guidelines were established based                                                               
on the  1998-99 halibut charter  industry removal  statistics and                                                               
then applying  125 percent.   A fixed  fish count was  set, which                                                               
did not  "float" with abundance, up  or down.  Due  to the growth                                                               
of  the  tourism  trade, and  other  stakeholders  concerns,  the                                                               
council has been asked to revisit this decision.                                                                                
                                                                                                                                
CHAIR SEATON clarified that the GHL  was based on poundage, not a                                                               
percentage,  of the  total allowable  catch.   He  asked how  the                                                               
allowable  catch has  varied  since  the GHL  was  set, and  what                                                               
proportion of the halibut harvest  the charter catch poundage now                                                               
represents.                                                                                                                     
                                                                                                                                
MR.  OLIVER  restated  the  basis  for  the  charter  limit,  and                                                               
elaborated  further  that  the quotas  for  halibut,  since  that                                                               
decision was made,  have trended upwards.  Because  of past quota                                                               
increases,  the   charter  figure   has  equated  to   a  smaller                                                               
percentage of the overall total.   However, this year in Area 2C,                                                               
the quota  was decreased, causing  the charter  percentage amount                                                               
to increase,  raising the question  of whether the  charter catch                                                               
should be  a fixed amount, or  if it should float  with the catch                                                               
quota.                                                                                                                          
                                                                                                                                
9:51:26 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON addressed  the Pacific Cod Plan  in conjunction with                                                               
the bycatch issue in the GOA.  He stated:                                                                                       
                                                                                                                                
     When  they [NPFMC]  did the  statewide ...  Pacific Cod                                                                    
     plan where  it moved  up to 25  percent of  the harvest                                                                    
     from high  5 catch, troll,  and long line  fisheries to                                                                    
     pot  fisheries; we  saved about  1.5  million pounds  a                                                                    
     year.   ... That [catch  percentage] was not  taken off                                                                    
     and redirected to the directed  fishery ... it was just                                                                    
     reallocated to further troll fisheries  ... in the Gulf                                                                    
     of Alaska.                                                                                                                 
                                                                                                                                
9:52:17 AM                                                                                                                    
                                                                                                                                
MS. MADSEN responded:                                                                                                           
                                                                                                                                
     It was taken  off the top ... so  that also represented                                                                    
     a decline  to pot  fishermen in the  federal fisheries.                                                                    
     It  wasn't  specifically  targeted.   That  25  percent                                                                    
     didn't specifically come  out of a troll  and long line                                                                    
     [fishery], it came  off the top.  We do  have a federal                                                                    
     pot  fishery.   The state  guideline harvest  comes off                                                                    
     the  top.   ...   The  halibut ...  [are] a  prohibited                                                                    
     species not a  bycatch. ... There's a cap  and it shuts                                                                    
     down  fisheries when  it gets  hit.   ... It's  a fixed                                                                    
     number and  it has not  increased.  The  difficulty ...                                                                    
     is you might  be able to save it in  the Bering Sea but                                                                    
     that doesn't really help out  the biomass of halibut in                                                                    
     2C  or 3A.    Your question  about  savings of  halibut                                                                    
     because of the ... 25  percent that went into the state                                                                    
     waters,  why  wasn't there  a  savings  in the  halibut                                                                    
     Protected Species Cap (PSC) ...                                                                                            
                                                                                                                                
9:53:21 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON continued  to describe  effects which  this federal                                                               
management  has had  on  the  state managed  fishery.   He  asked                                                               
whether the council  might consider reducing the  halibut PSC and                                                               
therefore provide  some buffer  to the  charter usage,  "in other                                                               
words, making more available to all the directed fisheries."                                                                    
                                                                                                                                
MS. MADSEN responded:                                                                                                           
                                                                                                                                
     Not on  its own, ... we  have had people wanting  us to                                                                    
     look more specifically  at the PSC[s] ...  both in crab                                                                    
     and halibut.  I think  it definitely was a component as                                                                    
     we moved  towards a rationalization where  the industry                                                                    
     has tools to better manage  its harvest.  Reductions in                                                                    
     bycatch  and  PSC  are always,  always  part  of  those                                                                    
     plans.  But  it is difficult when  the industry doesn't                                                                    
     have the ability to manage its fishery ....                                                                                
                                                                                                                                
MS. MADSEN directed  attention to the committee  handout, page 8,                                                               
which outlines  action being taken  by the council to  provide an                                                               
Aleutian  Islands Fishery  Ecosystem Plan,  and the  Arctic Ocean                                                               
Fishery Management  Plan Initiative.  She  underscored that these                                                               
are proactive  measures being taken by  the council.  It  is this                                                               
type of  work, she opined, that  has caused the NPFMC  to be held                                                               
as a  model around  the United  States for  the Magnusson-Stevens                                                               
Act, and the  United States Commission on  Ocean Policy (USCOPS).                                                               
Additionally, she drew  attention to pay 7,  bulleting the Alaska                                                               
Marine  Ecosystem  Forum work  that  is  being addressed  by  the                                                               
council.                                                                                                                        
                                                                                                                                
9:57:07 AM                                                                                                                    
                                                                                                                                
MR.  OLIVER stated  that the  Steller Sea  Lion (SSL)  protection                                                               
measures  are  complicated  due to  the  Endangered  Species  Act                                                               
(ESA),  and the  designation of  critical habitat.   Since  being                                                               
identified  in 2001  under  these  designations, a  comprehensive                                                               
rearrangement of  the fisheries throughout the  Gulf, Bering Sea,                                                               
and  the  Aleutian Chain  has  occurred.   State  involvement  is                                                               
called for  and has been brought  to bear.  However,  he stressed                                                               
the  need for  the BOF  and NMFS  to work  closely with  NPFMC to                                                               
avoid  major conflicts.    It  is a  difficult  process, and  the                                                               
council is working  to avoid the "domino effect"  that can easily                                                               
occur, when there are changes in the state water fisheries.                                                                     
                                                                                                                                
10:00:44 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON inquired whether the  Kachemak Bay sea otter die off                                                               
will become a council issue.                                                                                                    
                                                                                                                                
MS.  MADSEN  pointed  out  that  the sea  otters  are  under  the                                                               
jurisdiction  of  the United  States  Fish  and Wildlife  Service                                                               
(USFWS).   A  representative  of  USFWS sits  on  the council  to                                                               
provide  updates and  opinions.   Fisheries  interaction or  prey                                                               
dependency  is  not  cause  for the  sea  otter  decline,  hence,                                                               
fishery  restrictions  will not  have  to  be considered  on  the                                                               
potential listing of the sea otters.                                                                                            
                                                                                                                                
MR. OLIVER  added that there  has been  a 90 percent  decrease in                                                               
the sea  otter population in the  Aleutians, primarily attributed                                                               
to Orca whale predation.                                                                                                        
                                                                                                                                
CHAIR SEATON  stated that the  sea otter populations  in Kachemak                                                               
Bay suffer from a viral heart valve problem.                                                                                    
                                                                                                                                
10:03:07 AM                                                                                                                   
                                                                                                                                
MS.  MADSEN introduced  the vessel  monitoring system  (VMS), and                                                               
explained  how these  devices are  being utilized,  and how  they                                                               
have become  a mandatory piece of  equipment in some areas.   The                                                               
trend is  for all vessels to  have these devices on  board and to                                                               
be  monitored.   Exemptions are  available for  vessels that  may                                                               
only be traveling through an  economic exclusive zone (EEZ).  The                                                               
council  is  working  with  constituents  in  the  use  of  these                                                               
devices.                                                                                                                        
                                                                                                                                
MR. OLIVER added  that establishing the "who" and  "where" of the                                                               
use  of a  VMS, will  be  an action  item  on the  agenda of  the                                                               
council's June meeting.                                                                                                         
                                                                                                                                
10:06:36 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  JOHANSEN  stated that  the  bycatch  issue is  of                                                               
major concern  in his  district, and  he requested  the council's                                                               
attention in that area, on behalf of his constituents.                                                                          
                                                                                                                                
MS. MADSEN pointed out that  bycatch of prohibited vs. additional                                                               
species  mean  very different  things.    Also, bycatch  is  more                                                               
critical in  some fisheries than in  others.  She noted  that the                                                               
council uses Amendment 79, as one management tool for bycatch.                                                                  
                                                                                                                                
10:09:47 AM                                                                                                                   
                                                                                                                                
MR. OLIVER elaborated  on the litigation issues  of Amendment 79,                                                               
which will be  resolved and brought into effect  in 2008, pending                                                               
approval by the  United States Secretary of  Commerce.  Amendment                                                               
80 is  also pending  Secretarial approval,  and he  explained how                                                               
the   bycatch  reduction   is   addressed   in  this   amendment.                                                               
Responding to a  question from Chair Seaton, he  answered that it                                                               
is a total reduction in the PSC for the troll fleet.                                                                            
                                                                                                                                
10:11:58 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON announced that, having attended the Pacific State                                                                  
Task Force on Fisheries, a report on the issues will be                                                                         
forthcoming from his office.                                                                                                    
                                                                                                                                
10:12:42 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Fisheries meeting was adjourned at 10:12:47                                                              
AM.                                                                                                                           

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