Legislature(2007 - 2008)BARNES 124

03/09/2007 08:30 AM House FISHERIES


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Audio Topic
08:38:52 AM Start
08:39:02 AM Overview: Noaa, U.s. Coast Guard Vessel and Ocean Monitoring Systems
10:44:32 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: NOAA, U.S. Coast Guard Vessel TELECONFERENCED
and Ocean Monitoring System
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         March 9, 2007                                                                                          
                           8:38 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Kyle Johansen                                                                                                    
Representative Craig Johnson                                                                                                    
Representative Gabrielle LeDoux                                                                                                 
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
OVERVIEW:  NOAA, U.S. COAST GUARD VESSEL AND OCEAN MONITORING                                                                   
SYSTEMS                                                                                                                         
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MICHAEL GONZALES, Deputy Special Agent                                                                                          
Office of Law Enforcement                                                                                                       
Alaska Enforcement Division                                                                                                     
National Oceanic and Atmospheric Administration (NOAA)                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided a PowerPoint presentation on the                                                                
Vessel Monitoring System (VMS).                                                                                                 
                                                                                                                                
GUY HOLT, Vessel Monitoring System (VMS) Program Manager                                                                        
Enforcement Division                                                                                                            
National Oceanic and Atmospheric Administration (NOAA)                                                                          
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During presentation, answered questions.                                                                 
                                                                                                                                
ARTHUR E. "GENE" BROOKS, Rear Admiral, Commander                                                                                
District 17                                                                                                                     
Joint Forces Maritime Component Commander, Alaska                                                                               
United States Coast Guard                                                                                                       
(No address provided)                                                                                                           
POSITION   STATEMENT:      Discussed  VMS   and   the   automatic                                                             
identification system (AIS).                                                                                                    
                                                                                                                                
RACHAEL POTTER                                                                                                                  
Institute of Marine Sciences                                                                                                    
University of Alaska - Fairbanks (UAF)                                                                                          
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:    Provided  a  presentation  regarding  the                                                             
surface current mapping Alaska using high-frequency radar.                                                                      
                                                                                                                                
SUSAN SAUPE, Director of Science and Research                                                                                   
Cook Inlet Regional Citizens Advisory Council (CIRCAC)                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Discussed the relationship  between surface                                                             
current mapping and the mandates of CIRCAC.                                                                                     
                                                                                                                                
STEPHANIE MADSEN, Chairman                                                                                                      
North Pacific Fishery Management Council (NPFMC)                                                                                
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Provided   the  committee  with  a  brief                                                             
overview regarding NPFMC's position on VMS.                                                                                     
                                                                                                                                
CARTER HUGHES, Commercial Fisherman                                                                                             
Pelican, Alaska                                                                                                                 
POSITION STATEMENT:  Expressed concerns with VMS.                                                                             
                                                                                                                                
MATT DONAHOE, Commercial Fisherman                                                                                              
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Expressed concerns with VMS.                                                                             
                                                                                                                                
JOHN MURRAY                                                                                                                     
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Expressed concerns with VMS.                                                                             
                                                                                                                              
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order at  8:38:52  AM.    Representatives                                                             
Edgmon and Wilson were present at the call to order.                                                                            
                                                                                                                                
^OVERVIEW:   NOAA, U.S. COAST  GUARD VESSEL AND  OCEAN MONITORING                                                             
SYSTEMS                                                                                                                       
                                                                                                                                
8:39:02 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the only order of  business would be                                                               
a   presentation  by   the  National   Oceanic  and   Atmospheric                                                               
Administration  regarding U.S.  Coast  Guard  (USCG) vessels  and                                                               
ocean monitoring systems.                                                                                                       
                                                                                                                                
8:40:26 AM                                                                                                                    
                                                                                                                                
MICHAEL   GONZALES,  Deputy   Special   Agent,   Office  of   Law                                                               
Enforcement,  Alaska Enforcement  Division, National  Oceanic and                                                               
Atmospheric Administration  (NOAA), began  by mentioning  that he                                                               
has been  an employee of  NOAA for almost 24  years.    He called                                                               
attention to  the committee packet information,  which included a                                                               
page from  the North Pacific  Fishery Management  Council (NPFMC)                                                               
February   2007  newsletter   and   the   Food  and   Agriculture                                                               
Organization  (FAO)  Fisheries  Report  No.  761  of  the  United                                                               
Nations dated October 25-27, 2004.   The FAO Fisheries Report, in                                                               
part, provides a global perspective  on vessel monitoring and how                                                               
it's applied.  He noted  that all of the aforementioned material,                                                               
including the  PowerPoint will be on  a CD that will  be provided                                                               
to the committee.                                                                                                               
                                                                                                                                
8:44:45 AM                                                                                                                    
                                                                                                                                
MR. GONZALES turned to his  PowerPoint titled, "Vessel Monitoring                                                               
System Overview."  He informed  the committee that in U.S. waters                                                               
there are approximately  3.5 million square miles  of ocean under                                                               
stewardship.  The  NOAA Office for Law  Enforcement handles about                                                               
37  statutes  related  to  conservation  and  ocean  stewardship.                                                               
Furthermore,  the  NOAA Office  of  Law  Enforcement employs  260                                                               
personnel,  in  6 divisional  offices  and  59 field  offices  to                                                               
accomplish this task.                                                                                                           
                                                                                                                                
8:45:56 AM                                                                                                                    
                                                                                                                                
MR.  GONZALES,  in response  to  Chair  Seaton, highlighted  that                                                               
around the coast  of the US there are a  variety of coastal state                                                               
conservation  agencies with  whom the  NOAA Fisheries  Office for                                                               
Law Enforcement is  in formal arrangements that  have resulted in                                                               
cooperative  enforcement  agreements  with nearly  every  coastal                                                               
state.   A  cooperative  enforcement agreement  is  the means  by                                                               
which the  Alaska State Troopers, the  California Department Fish                                                               
& Game wardens,  et cetera are deputized and thus  are allowed to                                                               
enforce  federal fishery  conservation laws  as stipulated  under                                                               
various acts.   In order  to accomplish the  aforementioned, NOAA                                                               
has provided funding  in the amount of  approximately $15 million                                                               
per year  for the last  5 years.   The NOAA Fisheries  Office for                                                               
Law  Enforcement has  had five  agreements with  Alaska that  has                                                               
amounted to  about $1-$1.7  million to  the Department  of Public                                                               
Safety  to fund  the  public safety  technician program,  rebuild                                                               
aircraft  engines,  procure  patrol   boats,  and  basically  for                                                               
salaries, equipment,  and repair.  He  noted that the same  is in                                                               
place in many other states.                                                                                                     
                                                                                                                                
8:49:33 AM                                                                                                                    
                                                                                                                                
MR. GONZALES continued  with the slide titled "What is  VMS?"  He                                                               
explained  that  VMS  is  a   fisheries  monitoring  system  that                                                               
predominately       utilizes       a       secure       shipboard                                                               
navigation/communication  hardware  and   satellites  to  provide                                                               
land-based  fishery managers  with  near  real-time position  and                                                               
activity  reports specific  to individual  vessels.   This allows                                                               
the  persons  on  shore  with  real-time  position  and  activity                                                               
information on  each specific  vessel.   He noted  that VMS  is a                                                               
secure and reliable system that  uses satellites and a land earth                                                               
station  that receives  the  satellite  data.   There  is then  a                                                               
secure transmission  from a  land earth  station to  a monitoring                                                               
center.                                                                                                                         
                                                                                                                                
8:51:23 AM                                                                                                                    
                                                                                                                                
MR. GONZALES  then moved on to  the slide titled "Where  is VMS?"                                                               
He  pointed  out  that  VMS  is  in  use  by  fishery  management                                                               
authorities in  nearly every coastal  nation in the world.   Less                                                               
developed    countries   have    formed   cooperatives    because                                                               
individually  they don't  have  the expertise  or  the funds  for                                                               
these monitoring centers.  The  aforementioned is the case in the                                                               
Central  Pacific.   States,  nations,  subregional, and  regional                                                               
organizations  have  adopted  the  use   of  VMS  to  meet  their                                                               
stewardship responsibilities  such that  these entities  are able                                                               
to encourage, develop, and maintain  fisheries as well as to have                                                               
responsible oversight of the fisheries.                                                                                         
                                                                                                                                
8:55:05 AM                                                                                                                    
                                                                                                                                
MR. GONZALES, referring to the  slides titled "What Does VMS Do?"                                                               
pointed out  that VMS  enhances management  and enforcement  in a                                                               
cost  effective  manner.   Furthermore,  VMS  provides  continual                                                               
information about the location and  activities of a fishing fleet                                                               
at a fraction  of the cost.  He then  highlighted that VMS deters                                                               
unauthorized  fishing  and   provides  documentation,  such  that                                                               
credible  enforcement of  a management  scheme  can be  provided.                                                               
The  VMS  data allows  certain  documentation  that assists  NOAA                                                               
Office of  Law Enforcement when  investigating and  prosecuting a                                                               
violator.  Moreover, VMS provides a  great tool in planning how a                                                               
patrol  will   be  prosecuted.    Furthermore,   VMS  assists  in                                                               
conducting effective dockside inspections.                                                                                      
                                                                                                                                
8:58:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON asked if there  is the capability to take a                                                               
picture of a vessel fishing in an unauthorized area.                                                                            
                                                                                                                                
MR.  GONZALES replied  yes.   A vessel  with VMS  uploads a  data                                                               
position approximately  every hour and  it's plotted on  a screen                                                               
and is saved.   Therefore, if a vessel enters  a no transit zone,                                                               
for example,  it will  be tracked.   The  result would  be alerts                                                               
generated by the software so  that follow-up action can be taken.                                                               
Returning  to  his PowerPoint,  Mr.  Gonzales  related that  some                                                               
vessel  owners  view VMS  as  an  affordable  and secure  way  to                                                               
communicate with the fishery management  authority as well as the                                                               
vessel owner's home base.                                                                                                       
                                                                                                                                
9:00:41 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON related  his understanding  that there  are several                                                               
different  [VMS] systems,  one  of  which is  a  black box  while                                                               
others are tied into the vessel's computer.                                                                                     
                                                                                                                                
MR. GONZALES  replied yes.   Continuing with his  PowerPoint, Mr.                                                               
Gonzales   highlighted  the   slide   relating   that  "VMS   can                                                               
potentially   free  certain   vessel   operators  from   improper                                                           
accusations of  wrongdoing."   However, he  pointed out  that VMS                                                           
simply documents activity.                                                                                                      
                                                                                                                                
9:02:38 AM                                                                                                                    
                                                                                                                                
MR.  GONZALES then  turned to  the  slide titled  "What Does  VMS                                                               
Cost?"  He pointed out  that the initial acquisition cost amounts                                                               
to up to $1,750 and installation  ranges up to $500.  On average,                                                               
there is an  approximately $75 per month communication  cost.  In                                                               
response to Chair Seaton, Mr.  Gonzales confirmed that there have                                                               
been decreases in  the costs of hardware  and communication since                                                               
the program's  inception in 1988.   Furthermore,  the acquisition                                                               
costs can be offset by a reimbursement program.                                                                                 
                                                                                                                                
CHAIR SEATON  related his understanding  that the fleet  has been                                                               
concerned that once VMS is on board  it can't be shut off and the                                                               
ongoing monthly cost  continues even when the vessel  is in port.                                                               
He then  asked if  all of the  systems cost in  the $75  range or                                                               
does it depend on the base equipment.                                                                                           
                                                                                                                                
9:05:30 AM                                                                                                                    
                                                                                                                                
MR. GONZALES  clarified that  a vessel using  the system  only to                                                               
provide  an hourly  position report  would result  in the  lowest                                                               
cost.    However, those  systems  used  for communication  access                                                               
between a  management authority  or the  vessel's home  base have                                                               
greater costs.  The $75 is an  average cost, he said.  He related                                                               
that an  international view illustrates that  there are different                                                               
approaches.   For example, Australia, as  the managing authority,                                                               
pays for the communication costs.   He mentioned that Australia's                                                               
particular  approach was  arrived at  in  large part  due to  its                                                               
legal system.                                                                                                                   
                                                                                                                                
9:07:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON inquired  as to whether an  old wooden boat                                                               
with  outdated electronic  systems would  need to  be rewired  to                                                               
handle VMS.                                                                                                                     
                                                                                                                                
MR. GONZALES  said that although  he couldn't  speak specifically                                                               
to the wiring, he has observed  installation of VMS on vessels of                                                               
various age, shape,  and size and it wasn't difficult.   He noted                                                               
that  VMS   has  basic   requirements  for   unobscured  antennae                                                               
placement.   Depending upon the management  authority under which                                                               
a vessel  falls, it  may require  an uninterrupted  power supply,                                                               
even dockside.  He  noted that in the U.S. there  is VMS in which                                                               
there  are  explicit instructions  with  regard  to scenarios  in                                                               
which these devices can be powered down.                                                                                        
                                                                                                                                
9:10:34 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON clarified  that the crux of the  question is whether                                                               
these  devices can  operate on  a 12  volt battery  or require  a                                                               
generator.                                                                                                                      
                                                                                                                                
MR. GONZALES responded that he doesn't know.                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON pointed  out that the annual fee  is also a                                                               
concern and the  $75 monthly cost amounts to $900  per year.  She                                                               
inquired  as to  the cost  of  the system  if it's  not used  for                                                               
telephone calls.                                                                                                                
                                                                                                                                
9:11:25 AM                                                                                                                    
                                                                                                                                
GUY  HOLT,  Vessel  Monitoring   System  (VMS)  Program  Manager,                                                               
Enforcement   Division,   National    Oceanic   and   Atmospheric                                                               
Administration  (NOAA),  returned  to an  earlier  question,  and                                                               
relayed that  VMS is basically  on the same  level electronically                                                               
as  an onboard  color  plotter or  GPS.   He  specified that  VMS                                                               
doesn't  take excess  power  and thus  shouldn't  be of  concern.                                                               
With regard  to costs, it depends  upon the vendors as  there are                                                               
three  different  vendors of  the  equipment.   He  informed  the                                                               
committee that the cost estimates  Chair Seaton recalled were for                                                               
a system that is no  longer available for purchase, and therefore                                                               
the cost estimates reflect what  can currently be purchased.  The                                                               
cost   estimates   average   $75  per   month,   depending   upon                                                               
communication.  Most of those systems  have a method by which the                                                               
system can  be turned off resulting  in a reduced monthly  fee of                                                               
say, $10  per month.  He  mentioned that the range  of cost could                                                               
go as low as $50 for just positioning activity.                                                                                 
                                                                                                                                
9:13:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  inquired as to  who will make  repairs and                                                               
how repairs will be handled on the fishing grounds.                                                                             
                                                                                                                                
MR.  HOLT stated  that  enforcement actions  are  performed on  a                                                               
case-by-case basis.  He opined that  no one has been stopped from                                                               
fishing, although once  in port the system may be  required to be                                                               
fixed before leaving  port.  He related that  NOAA doesn't become                                                               
involved with who  makes the repairs, although he  noted that the                                                               
vendors  do  have  [retailers]   in  Southeast.    Although  it's                                                               
incumbent  upon the  fishermen  to ensure  VMS  is working,  NOAA                                                               
hasn't been Draconian in its approach.                                                                                          
                                                                                                                                
CHAIR SEATON surmised  then that these systems are  sold by local                                                               
radar and electronic  shops who could install,  repair, and honor                                                               
warranties.                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  inquired as to  how long the  equipment is                                                               
going to last.                                                                                                                  
                                                                                                                                
MR. HOLT said that a number of  the Argos (ph) units have been in                                                               
use since 2000/2001.  He  mentioned that another brand has lasted                                                               
for  about five  years plus.   Depending  upon the  system, parts                                                               
such as the  antennae can be replaced and  the electronic portion                                                               
stays in  tact.  He  noted that Argos,  since they are  no longer                                                               
available for purchase  offered a lifetime warranty.   In further                                                               
response to Representative Wilson,  specified that only the first                                                               
replacement  is provided.   He  explained that  the reimbursement                                                               
program is  funded year-to-year, although the  expectation is for                                                               
the program to be fully funded through 2009.                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  inquired as to  how long between  the time                                                               
the fisherman puts  out his/her money for the  initial system and                                                               
when he/she is reimbursed.                                                                                                      
                                                                                                                                
MR. HOLT said he couldn't answer  that.  However, he offered that                                                               
after  activation,  the  fisherman   must  purchase  it,  provide                                                               
documentation,  and   activate  it  through  NOAA.     After  the                                                               
aforementioned,  the  paperwork  is   provided  to  the  specific                                                               
state's   marine  fisheries   which   provides   the  check   for                                                               
reimbursement.    Mr.  Holt  related that  he  hasn't  heard  any                                                               
remarks with  regard to  how long  it takes,  but he  also hasn't                                                               
heard any complaints.                                                                                                           
                                                                                                                                
CHAIR SEATON  requested that further  information be  provided to                                                               
the committee.                                                                                                                  
                                                                                                                                
9:17:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON, referring  to page 5 of  the North Pacific                                                               
Fishery  Management  Council  (NPFMC),  February  2007  document,                                                               
highlighted the  sentence stating that NPFMC  decided to postpone                                                               
indefinitely  any further  work on  a comprehensive  VMS program.                                                               
He  noted that  he was  one of  many legislators  requesting that                                                               
NPFMC discontinue  that work due  to the concerns with  regard to                                                               
the impacts on smaller vessels.   He related that he is lost with                                                               
regard to the overall intent of the program.                                                                                    
                                                                                                                                
MR.  GONZALES   said  that  the  aforementioned   NPFMC  document                                                               
referred  to  a  comprehensive  VMS  program,  which  reflects  a                                                               
different approach  to the implementation  of VMS.   The approach                                                               
in  the fisheries  in  Alaska  had been  to  identify within  the                                                               
waters of the state, those  areas for which vessel monitoring was                                                               
a key  feature to  measure compliance within  that fishery.   The                                                               
program was  being applied on  a fishery-by-fishery  basis, which                                                               
he indicated was  a formidable task.  What was  then reviewed was                                                               
the approach used throughout the  world, which is to apply vessel                                                               
monitoring  to  all participants  in  commercial  fisheries as  a                                                               
base-line  requirement.    Under   that  requirement,  there  are                                                               
exceptions  such as  those related  to  tonnage requirements  and                                                               
certain  area   operations.    The  aforementioned   is  how  the                                                               
comprehensive  plans are  put  into place  and  that's the  track                                                               
NPFMC  followed.   He noted  that there  were a  large number  of                                                               
exemptions.    As the  newsletter  describes,  NPFMC halted  that                                                               
practice.   However, at no time  was there an expectation  that a                                                               
small vessel  would be required  to carry  VMS as there  would be                                                               
exemptions specified.                                                                                                           
                                                                                                                                
9:23:12 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON   surmised  then  that  the   two  approaches  are:                                                               
identifying the fisheries with problems  that need monitoring and                                                               
requiring VMS; requiring the entire  fleet as a general provision                                                               
to have VMS with some exemptions.                                                                                               
                                                                                                                                
MR. GONZALES noted his agreement.                                                                                               
                                                                                                                                
9:24:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  opined  that enforcement  and  compliance                                                               
would  be  the  overriding  feature of  VMS  with  the  secondary                                                               
purpose of navigation and safety.                                                                                               
                                                                                                                                
MR. GONZALES concurred.                                                                                                         
                                                                                                                                
9:24:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON called attention  to a letter from [Charles                                                               
Piedra], which  suggests including exemptions for  the following:                                                               
all federal fisheries permit holders  with less than 5,000 pounds                                                               
individual  fishery  quota  (IFQ),  all  Alaska  licensed  salmon                                                               
gillnet  boats, all  Alaska licensed  salmon  seine vessels,  all                                                               
Alaska licensed  small fishing vessels  fishing in  state waters,                                                               
and  all Alaska  Native small  boat fishermen  with incomes  less                                                               
than the national poverty level.                                                                                                
                                                                                                                                
CHAIR SEATON clarified that NPFMC has placed the system on hold.                                                                
                                                                                                                                
9:26:12 AM                                                                                                                    
                                                                                                                                
MR. GONZALES returned to his  presentation, and drew attention to                                                               
the slides titled "Summary of  Benefits" and "Summary of Benefits                                                               
to  Industry."    He  highlighted  that  VMS  allows  enforcement                                                               
related agencies improved surveillance.   Furthermore, VMS builds                                                               
in  efficiency with  regard to  responding to  identified problem                                                               
areas.   The VMS  also increases  safety for  the Coast  Guard as                                                               
well as the  industry.  He noted that there  are owners who track                                                               
the  location of  their vessels  from  their own  computer.   Mr.                                                               
Gonzales emphasized  that VMS lengthens and  broadens the fishing                                                               
opportunity.  He then expressed the  need for there to be control                                                               
mechanisms  in  place  in  order  to  ensure  confidence  that  a                                                               
responsible fishing effort is occurring.                                                                                        
                                                                                                                                
9:30:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  surmised then that charter  fishermen will                                                               
likely not be included in this requirement.                                                                                     
                                                                                                                                
MR. GONZALES  answered that  it remains  to be  seen and  will be                                                               
part  of NPFMC's  process.   He reminded  the committee  that the                                                               
comprehensive VMS program is currently on hold indefinitely.                                                                    
                                                                                                                                
9:30:57 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  pointed out that  NOAA doesn't set the  policy, but                                                               
rather enforces  the policy.   He noted  his appreciation  of Mr.                                                               
Gonzales' insight regarding how the system functions.                                                                           
                                                                                                                                
CHAIR SEATON  announced that  the committee  would now  receive a                                                               
presentation regarding the automatic identification system.                                                                     
                                                                                                                                
The committee took an at-ease from 9:32 a.m. to 9:36 a.m.                                                                       
                                                                                                                                
9:36:59 AM                                                                                                                    
                                                                                                                                
ARTHUR E.  "GENE" BROOKS, Rear  Admiral, Commander,  District 17,                                                               
Joint Forces Maritime Component  Commander, Alaska, United States                                                               
Coast Guard,  informed the committee  that he is  responsible for                                                               
all  of  the  Coast  Guard  operations in  Alaska.    He  further                                                               
informed the  committee that he has  been in the Coast  Guard for                                                               
32.5 years  and in Alaska  since last  May.  Rear  Admiral Brooks                                                               
remarked  that most  of  his  adult life  has  been spent  either                                                               
regulating  or rescuing  fishermen.   Some time  ago, he  said he                                                               
became tired  of pulling the dead  from the water.   Rear Admiral                                                               
Brooks told  the committee  that he is  present today  to discuss                                                               
the automatic identification system  (AIS), which is a completely                                                               
different system  than VMS.   The Coast  Guard utilizes  both AIS                                                               
and VMS.   The Coast  Guard's primary law enforcement  mission in                                                               
Alaska  is  fisheries, unlike  in  other  areas where  the  Coast                                                               
Guard's mission involves drugs and migrants.                                                                                    
                                                                                                                                
9:38:52 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON reminded  the committee  that it's  reviewing these                                                               
applications in  relation to fisheries issues  only, not security                                                               
issues.                                                                                                                         
                                                                                                                                
9:39:26 AM                                                                                                                    
                                                                                                                                
REAR ADMIRAL BROOKS began his  presentation with the slide titled                                                               
"What is AIS?"   He informed the committee that  AIS developed as                                                               
a Safety of Life At  Sea (SOLAS) requirement by the International                                                               
Maritime  Organization (IMO)  and is  internationally imposed  on                                                               
vessels  300  tons or  larger.    He  explained  that AIS  is  an                                                               
autonomous,     continuous      station-to-station     navigation                                                               
broadcasting  system that  essentially provides  vessel position,                                                               
course, and speed.   The standards are imposed  to address vessel                                                               
safety,  collision avoidance,  and  to aide  vessels in  avoiding                                                               
accidental   groundings  or   collisions.      In  the   Maritime                                                               
Transportation  & Safety  Act of  2002  (MTSA) Congress  mandated                                                               
that  the following  vessels must  have an  AIS:   all commercial                                                               
self-propelled vessels  65 feet  or greater, towing  vessels over                                                               
26  feet with  600  horse  power or  more,  passenger vessels  as                                                               
determined by  USCG, and those  USCG deems necessary  for safety.                                                               
However, MTSA provided exemptions  for commercial fishing vessels                                                               
and a number of other [types of vessels].                                                                                       
                                                                                                                                
REAR  ADMIRAL  BROOKS  announced  that the  USCG  intends  to  go                                                               
forward with a notice of  proposed rule-making to impose the 2005                                                               
requirement  for  AIS  on  all commercial  vessels  65  feet  and                                                               
greater,  including fishing  vessels.   The AIS  requirement will                                                               
also be  imposed on  vessels 26  feet and  greater and  with more                                                               
than 600  horse power,  vessels carrying  50 passengers  or more,                                                               
high-speed vessels  carrying 12  passengers or  more, as  well as                                                               
dredges and  floating plants.   This requirement is being  put in                                                               
place  for safety  and security.   One  of the  goals of  AIS, he                                                               
related, is to provide awareness of who's on the water.                                                                         
                                                                                                                                
REAR ADMIRAL  BROOKS explained that  essentially AIS is  a mobile                                                               
identifier that transmits position,  course, speed, heading, rate                                                               
of turn, the IMO number,  and the Convention on the International                                                               
Regulations for Preventing Collisions  at Sea (COLREG) navigation                                                               
data number every  two to ten seconds.  Every  six minutes or so,                                                               
the  vessel  name and  call  sign,  type and  dimensions,  static                                                               
draft, hazardous  cargo flag, and destination  and estimated time                                                               
of arrival  is relayed.   The current regulation [33  CFR 164.46]                                                               
exempts fishing  vessels and  provides special  requirements, and                                                               
therefore is the regulation that the  USCG will look to change in                                                               
the rule-making  process.   Essentially, the  USCG is  seeking to                                                               
remove an exception that has been in existence since 2005.                                                                      
                                                                                                                                
9:43:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON asked if data  regarding the type of vessel                                                               
and such is input into AIS when it is installed on the vessel.                                                                  
                                                                                                                                
REAR ADMIRAL BROOKS replied yes.   He highlighted that commercial                                                               
vessels always use systems such as  AIS because they need to know                                                               
the location  of their vessels and  the cargo on the  vessel.  He                                                               
noted  that  commercial  vessels  may  change  voyage  orders  in                                                               
transit.   Therefore, this requirement  wasn't difficult  for the                                                               
commercial vessels.                                                                                                             
                                                                                                                                
REAR ADMIRAL BROOKS then turned  the committee's attention to the                                                               
slide  of  the side-by-side  comparison  of  AIS  and VMS.    The                                                               
primary difference  between the  two is that  VMS is  a satellite                                                               
system while  AIS is a  VHF-FM system  that's limited to  line of                                                               
site  coverage.     Therefore,  one's  ability  to   see  an  AIS                                                               
transmission depends on  whether he/she has an  antennae that can                                                               
see the vessel.   The reality is that all  fishing vessels out on                                                               
the 100  fathom bank or  slime bank are  beyond the range  of any                                                               
AIS  antennae since  the antennae  only reaches  30 miles  or so.                                                               
The  large  difference  between  the  two  systems  is  that  AIS                                                               
currently  doesn't  work  offshore  because there  has  to  be  a                                                               
receiving  antennae to  accept the  signal.   However, VMS  works                                                               
offshore because it's  a satellite-based system.   He pointed out                                                               
that AIS is  an IMO system that the US  has implemented while VMS                                                               
is a US-based system run by  NOAA and NPFMC.  He highlighted that                                                               
AIS  is  for  SOLAS  while   VMS  is  for  fisheries  management.                                                               
Furthermore,  AIS  has  no  confidentiality  as  anyone  with  an                                                               
antennae can accept the signal,  but VMS is a closed confidential                                                               
system due to the proprietary  nature of the fishing information.                                                               
He then  pointed out  that AIS is  a self-reporting  system while                                                               
VMS is an interrogated system.                                                                                                  
                                                                                                                                
9:46:11 AM                                                                                                                    
                                                                                                                                
REAR  ADMIRAL  BROOKS  addressed  the   cost  of  AIS,  which  he                                                               
estimated to be  between $1,700 to $3,500 for  the AIS equipment.                                                               
He highlighted  that for AIS  there's no continuous  service fee.                                                               
The USCG  intends to provide  a reasonable  implementation period                                                               
of the  new requirement.   Rear  Admiral Brooks  moved on  to the                                                               
slide  titled "Benefits  of VMS."   He  said that  VMS allows  an                                                               
instant  focus  as  to  who  needs to  be  monitored  versus  the                                                               
existing 20-mile radar  sweep by the cutters  that doesn't locate                                                               
violators.   He  characterized  VMS as  an important  enforcement                                                               
tool.                                                                                                                           
                                                                                                                                
9:48:51 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  if foreign  fleets, say  the Russian  fleet,                                                               
fishing near U.S. waters are required to utilize VMS.                                                                           
                                                                                                                                
REAR  ADMIRAL  BROOKS answered  that  the  Russians have  a  very                                                               
viable  VMS, but  the U.S.  doesn't have  access to  Russia's VMS                                                               
data and can't  share the U.S. VMS data with  Russia.  Therefore,                                                               
[foreign fleets] have  to be monitored via  aircraft and vessels.                                                               
He  pointed out  that Alaska  is one  of the  last places  with a                                                               
fishery large  enough for people to  want to come and  steal, and                                                               
thus  one  of  the  USCG's  major  missions  is  to  monitor  the                                                               
boundaries and keep foreigners out of U.S. fishing grounds.                                                                     
                                                                                                                                
9:50:44 AM                                                                                                                    
                                                                                                                                
REAR ADMIRAL BROOKS,  referring to the slide titled  "VMS Uses in                                                               
Alaska,"  emphasized that  VMS  wasn't designed  to  be a  safety                                                               
tool.   He then discussed  search and rescue situations  in which                                                               
the  emergency  position  indicating   radio  beacon  (EPIRB)  is                                                               
utilized.  Use  of the EPIRB is the primary  way that vessels are                                                               
located.   However, the beacon may  not deploy or the  beacon may                                                               
go  down  with  the  ship   and  doesn't  work  under  water/ice.                                                               
Furthermore, sometimes the EPIRB is  incomplete in that it merely                                                               
provides an alert without a  position as there wasn't enough data                                                               
in the  transmission to the satellite  and then it takes  an hour                                                               
to  three  hours more  for  the  satellite  to uplink  again  and                                                               
provide positioning.  The other  major difficulty is that over 90                                                               
percent of alarms  emitted from beacons are false.   However, VMS                                                               
solves all  of those problems  because it specifies  the location                                                               
of a vessel and  thus provides instant corroborating information.                                                               
Rear  Admiral Brooks  also pointed  out that  the satellites  are                                                               
also  problematic because  they often  provide two  locations and                                                               
only  one of  which  is accurate  and thus  it  requires work  to                                                               
determine  the  accurate  location.   The  VMS  also  solves  the                                                               
aforementioned.   He then recalled the  automated merchant vessel                                                               
emergency reporting system (AMVER),  which was a voluntary system                                                               
in  which  merchant  vessels  around   the  world  relayed  their                                                               
location to the USCG.  The  AMVER system was used exclusively for                                                               
a  search and  rescue system  and allows  the USCG  to contact  a                                                               
nearby  vessel and  divert  it to  the vessel  in  distress.   He                                                               
highlighted that most  of the rescues in Alaska  are performed by                                                               
other fishermen  and good  Samaritans as  they can  arrive faster                                                               
than USCG.   The VMS allows the USCG to  know the vessels located                                                               
near  the vessel  in distress.   Furthermore,  in a  situation in                                                               
which  a vessel  goes down  or is  overdue, VMS  provides a  last                                                               
known  position and  provides a  place to  start the  search that                                                               
wouldn't be available with VMS or some like system.                                                                             
                                                                                                                                
9:55:40 AM                                                                                                                    
                                                                                                                                
REAR  ADMIRAL BROOKS  related his  pleasure in  the fact  that to                                                               
this  point there  have been  no deaths  in the  crab fleet  this                                                               
season.     He   attributed  the   aforementioned  partially   to                                                               
rationalization, which has resulted in  fewer boats over a longer                                                               
period of time and  thus the vessels don't have to  go out in bad                                                               
weather.   Furthermore, in conjunction  with the state,  the USCG                                                               
performs  mandatory safety  checks  on the  crab  fleet prior  to                                                               
leaving  and  those  vessels  which  left  prior  to  the  safety                                                               
inspection can  be located with the  use of VMS.   He opined that                                                               
the main reason that there have  been no deaths in the crab fleet                                                               
is due to good decisions by skippers.                                                                                           
                                                                                                                                
9:57:20 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON surmised  that AIS  is required  in vessel  traffic                                                               
system areas.                                                                                                                   
                                                                                                                                
REAR  ADMIRAL BROOKS  specified that  AIS is  required in  all US                                                               
waters.                                                                                                                         
                                                                                                                                
CHAIR  SEATON recalled  that  there were  exemptions  to the  AIS                                                               
requirement.                                                                                                                    
                                                                                                                                
REAR ADMIRAL BROOKS  explained that currently USCG  relies on AIS                                                               
for vessels  200 tons or greater.   He noted that  the USCG knows                                                               
the location  of all  commercial vessels,  such as  cruise ships,                                                               
because  they  are  routinely  reporting  their  location.    The                                                               
question is  in regard to  all other  vessels.  The  situation is                                                               
similar  to what  the Federal  Aviation Administration  (FAA) has                                                               
experienced with small aircraft.                                                                                                
                                                                                                                                
CHAIR SEATON  surmised then that  the new regulations  will apply                                                               
to all commercial fishing vessels over 65 feet in length.                                                                       
                                                                                                                                
REAR ADMIRAL  BROOKS explained  that the  proposal USCG  is going                                                               
forward with will,  among other things, remove  the exception for                                                               
commercial  fishing vessels  65 feet  in length  or greater.   He                                                               
said that he couldn't answer  whether a VMS equipped vessel would                                                               
be compliant, although he assumed so.                                                                                           
                                                                                                                                
10:00:06 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON related his understanding  that a commercial fishing                                                               
vessel 65 feet in length or  over operating in a vessel transient                                                               
area, such as  the eastern half of the Prince  William Sound, was                                                               
required to have AIS.                                                                                                           
                                                                                                                                
REAR ADMIRAL  BROOKS indicated his agreement,  noting that Prince                                                               
William Sound has a vessel tracking  systems (VTS).  In places in                                                               
which there are historic problems  with close traffic, such as in                                                               
Valdez, Prince William  Sound, and Puget Sound,  there are shore-                                                               
based radar  vessel traffic systems  that physically  monitor and                                                               
manage the movement of large vessels to prevent collisions.                                                                     
                                                                                                                                
CHAIR SEATON surmised, "If that  exemption would be limited, then                                                               
the  same  requirements  would be  for  all  vessels,  commercial                                                               
fishing vessels  65 [feet  in length]  and over,  whether they're                                                               
inside or outside of a vessel's traffic."                                                                                       
                                                                                                                                
REAR ADMIRAL BROOKS responded, "I think so."                                                                                    
                                                                                                                                
10:01:49 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE WILSON  inquired as to  why the decision  was made                                                               
to keep AIS rather than have new entrants install VMS.                                                                          
                                                                                                                                
REAR  ADMIRAL BROOKS  pointed out  that  VMS is  not a  universal                                                               
requirement.   On  the other  hand, the  USCG believes  it has  a                                                               
universal  requirement, which  is what  he speculated  to be  the                                                               
reason to go forward with [AIS].                                                                                                
                                                                                                                                
CHAIR SEATON  admitted to  confining his  fishing to  the western                                                               
side of Prince William Sound to avoid having to install an AIS.                                                                 
                                                                                                                                
10:03:43 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON asked if there  is a reimbursement possibility under                                                               
AIS.                                                                                                                            
                                                                                                                                
REAR  ADMIRAL BROOKS  said  that  he didn't  know  and that  he's                                                               
present to relay  that he would expect notice soon  that the USCG                                                               
is  going   forward  with  notice  of   proposed  rule-making  to                                                               
essentially move the requirement down to 65 feet for AIS.                                                                       
                                                                                                                                
CHAIR SEATON  expressed his gratitude  to the USCG  for providing                                                               
this clarity.                                                                                                                   
                                                                                                                                
10:05:47 AM                                                                                                                   
                                                                                                                                
RACHAEL  POTTER,  Institute  of Marine  Sciences,  University  of                                                               
Alaska  - Fairbanks  (UAF),  explained that  UAF  is utilizing  a                                                               
high-frequency radar  system to  map surface currents  around the                                                               
state.   The surface  currents are  the top  layers of  the ocean                                                               
waters.   The technology  allows the production  of maps  in real                                                               
time that  relate the direction  in which the surface  waters are                                                               
moving and  how quickly the waters  are moving.  She  likened the                                                               
technology to that used by policemen when tracking vehicles.                                                                    
                                                                                                                                
MS.  POTTER, referring  to the  slide titled  "Why Measure  Ocean                                                               
Currents?"  pointed  out  that knowing  where  surface  water  is                                                               
moving and  the rate at  which it's moving has  implications with                                                               
regard  to spill  response planning,  search  and rescue,  marine                                                               
navigation,    marine   ecosystem/fisheries    issues,   currents                                                               
transport heat,  nutrients, fish  larvae, current  affect climate                                                               
and  weather.   All  these issues  require  measurements in  near                                                               
real-time  over  a  large  area.   Moving  to  the  slide  titled                                                               
"Measuring Ocean Currents," Ms.  Potter explained that the moored                                                               
current meter is  placed on the bottom of the  ocean and it looks                                                               
up through the water column to  relay how fast water is moving at                                                               
that  point.   She  noted  that  ocean  currents have  also  been                                                               
measured  by satellite-tracked  drifters, which  provides only  a                                                               
snapshot in time  and is very dependent upon  the current weather                                                               
conditions.  Therefore,  it may not be indicative  of a long-term                                                               
average.   The  high frequency  radar allows  the measurement  of                                                               
currents in a  broad spatial area and returns  data via satellite                                                               
hourly and the university posts  an image on the Internet hourly.                                                               
She mentioned  that this  is a shore-based  operation in  which a                                                               
transmit antenna  sends a  signal across the  ocean at  a certain                                                               
frequency that is returned to  the receive antenna.  Although the                                                               
system needs  to be calibrated on  board a ship, it  can be setup                                                               
within a  day, she  related.   Ms. Potter  drew attention  to the                                                               
slide  titled  "HF  Radar  Theory,"  which  illustrates  how  the                                                               
technology works.                                                                                                               
                                                                                                                                
MS. POTTER,  moving on  to the slide  titled "Upper  Cook Inlet,"                                                               
which  illustrates that  a monitoring  system was  set up  in the                                                               
Upper Cook  Inlet in 2002-2003.   The [mapping]  illustrates that                                                               
the  waters  are  mainly  moving southward  and  that  there's  a                                                               
stronger current  through the middle  of Cook Inlet.   Ms. Potter                                                               
noted  that  this  system  was   funded  by  the  Coastal  Marine                                                               
Institute.   The  next slide  shows  the mapping  done in  Prince                                                               
William  Sound in  2004-2006.   The largest  challenge in  Prince                                                               
William Sound was  that the system was remotely  powered by wind,                                                               
and other  methods.  She  noted that they  had to adhere  to U.S.                                                               
Forest Service  regulations since it  was located on  their land.                                                               
Ms. Potter  highlighted that the  system in Prince  William Sound                                                               
was the beginning of an ocean  observing system for Alaska, as it                                                               
was one of the first  components to provide operational real-time                                                               
data.  In 2005 a long  range system monitored the Gulf of Alaska,                                                               
funded  by the  Tsunami  Warning  and Environmental  Observatory.                                                               
That  system  illustrates  the  range of  currents  that  can  be                                                               
obtained offshore.   The slide titled  "Beaufort Sea" illustrates                                                               
the  findings  of  the  system  in Prudhoe  Bay.    The  Minerals                                                               
Management Service  funded the 2005-2006 Beaufort  Sea monitor as                                                               
it  was  interested in  improving  its  oil spill  risk  analysis                                                               
models.   She then  pointed out  that in  2006-2007 a  system was                                                               
located in  the Lower Cook  Inlet.   The system spans  the entire                                                               
inlet, but  is dependent on  the stage of  the tide cycle.   This                                                               
system was also  funded by the Minerals Management  Service.  She                                                               
moved   on   to   the  slide   titled   "Overlay   Currents   and                                                               
Temperatures,"  which  relates  the   surface  currents  and  sea                                                               
surface  temperatures.    The counter  clockwise  motion  in  the                                                               
middle of Prince William Sound  causes an upwelling of the cooler                                                               
waters  from  the  subsurface.     Therefore,  the  current  data                                                               
provides information regarding temperature gradients.                                                                           
                                                                                                                                
10:15:45 AM                                                                                                                   
                                                                                                                                
MS. POTTER  moved on  to the slide  titled "Overlay  Currents and                                                               
Sea  Ice," which  highlights that  measurements can  be taken  in                                                               
ice.  She  noted that [UAF] is currently  coordinating with CODAR                                                               
Ocean  Sensors  who  manufactures  this instrument  in  order  to                                                               
develop algorithms  to also obtain  ice velocities,  which should                                                               
help with marine navigation in icy  waters as the movement of the                                                               
ice could  also be  known.   Referring to  the slide  titled "Why                                                               
Measure Ocean Currents?"  Ms.  Potter reminded the committee that                                                               
these instruments  are in  use worldwide.   She noted  that these                                                               
instruments can measure wave properties,  such as wave height and                                                               
length.    Ms.  Potter  concluded her  presentation  by  thanking                                                               
everyone for  their interest  and inviting  everyone to  log onto                                                               
www.cookinletcurrents.com to  see information  on the  Cook Inlet                                                               
currents.                                                                                                                       
                                                                                                                                
MS.  POTTER, in  response to  Chair Seaton,  stated that  for the                                                               
Lower  Cook  Inlet  this information  has  been  available  since                                                               
November 2006  and will  be in  place until  November 2007.   She                                                               
noted that  it's the  only operational system  as the  systems in                                                               
other locations have run out of funding.                                                                                        
                                                                                                                                
10:17:47 AM                                                                                                                   
                                                                                                                                
MS.  POTTER, in  continued  response to  Chair Seaton,  confirmed                                                               
that  the  information is  updated  hourly.   Furthermore,  every                                                               
hours  worth  of  data  since  November 2006  is  housed  on  the                                                               
Internet.   Much of  the data  analysis is  continuing.   At this                                                               
point  there are  average  maps for  the  seasons, although  they                                                               
haven't been  placed on line.   The  models are being  created by                                                               
the Minerals  Management Service and the  university doesn't take                                                               
part in  that.  In further  response to Chair Seaton,  Ms. Potter                                                               
specified that the overlay with  the temperature and currents can                                                               
be  accessed through  the Alaska  Ocean  Observing System  (AOOS)                                                               
website,  www.aoos.org.    She  related  her  understanding  that                                                               
currently  AOOS displays  the  surface currents  as  well as  the                                                               
temperatures and is working on technology to overlay the two.                                                                   
                                                                                                                                
10:20:05 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EDGMON asked  whether there  are any  forthcoming                                                               
efforts to  apply this technology  in Southwest Alaska,  near the                                                               
Bering Sea.                                                                                                                     
                                                                                                                                
MS. POTTER replied no.                                                                                                          
                                                                                                                                
10:20:32 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON inquired as to the cost of this program for a year.                                                                
                                                                                                                                
MS.  POTTER  specified  that  the  hardware  itself  costs  about                                                               
$300,000 and she  estimated that the operational  costs are about                                                               
$150,000  per year.   In  further response  to Chair  Seaton, Ms.                                                               
Potter  clarified that  the [university]  owns the  equipment and                                                               
thus  basically  the  operational  costs  are  what  need  to  be                                                               
covered.                                                                                                                        
                                                                                                                                
10:21:58 AM                                                                                                                   
                                                                                                                                
SUSAN  SAUPE,  Director  of  Science  and  Research,  Cook  Inlet                                                               
Regional  Citizens   Advisory  Council  (CIRCAC),   provided  the                                                               
following testimony:                                                                                                            
                                                                                                                                
     You might be  familiar with Cook Inlet  RCAC ... formed                                                                    
     under the Oil  Pollution Act of 1990 and  we were given                                                                    
     a list of mandated tasks  that relate directly to crude                                                                    
     oil operations in  Cook Inlet.  Our  board of directors                                                                    
     is  represented  by  13  entities,   one  of  which  is                                                                    
     commercial  fisheries  in Cook  Inlet  as  well we  are                                                                    
     represented  by aquaculture  on one  of our  seats, and                                                                    
     that  is   retained  by  the  Cook   Inlet  Aquaculture                                                                    
     Association,  right  now.   So,  we  do  have  definite                                                                    
     interest in  the work that we  do and how it  ties with                                                                    
     fisheries issues.   One  specific mandate  that relates                                                                    
     to  what you're  talking about  today, surface  current                                                                    
     mapping, is in  ... Oil Pollution Act of  1990 (OPA) to                                                                    
     study wind  and water currents and  other environmental                                                                    
     variables that  affect our ability to  prevent, respond                                                                    
     to,  or cleanup  oil  spills.   And  this  was the  big                                                                    
     mandate as well as our  task to conduct a comprehensive                                                                    
     environmental  monitoring  program  in Cook  Inlet  and                                                                    
     surrounding  areas  [which]  has  led  us  to  identify                                                                    
     physical oceanography  as ...  a very high  priority in                                                                    
     our  strategic  plan.   And  the  projects  under  this                                                                    
     program  include data  collections  or observations  as                                                                    
     well  as   the  development   of  better   forecast  or                                                                    
     trajectory models, preferable  assimilation models that                                                                    
     can  incorporate real-time  observations.   And  that's                                                                    
     what  really  ties in  with  what  we're talking  about                                                                    
     here,  is very  few instruments  out there  can provide                                                                    
     you with real-time measurements over  a large area.  As                                                                    
     with  many  of  our  programs,  we  work  closely  with                                                                    
     federal and  state agencies and other  organizations to                                                                    
     leverage  funds  and  build more  robust  programs  and                                                                    
     projects.   So, we  are currently working  with several                                                                    
     organizations to develop an  ocean observing system for                                                                    
     Cook  Inlet  and surrounding  areas  that  fits into  a                                                                    
     larger Gulf  of Alaska  plan.  As  we are  working very                                                                    
     closely with the Alaska observing system.                                                                                  
                                                                                                                                
10:25:07 AM                                                                                                                   
                                                                                                                                
MS. SAUPE continued:                                                                                                            
                                                                                                                                
     I'm  going to  try to  address some  of the  needs that                                                                    
     they've   [AOOS]   identified   for   surface   current                                                                    
     measurements.   The Alaska  Ocean Observing  System, or                                                                    
     AOOS,   has  provided   needs  assessments   for  ocean                                                                    
     observation   throughout   coastal  Alaska,   including                                                                    
     separate  needs assessments  for Prince  William Sound,                                                                    
     Cook Inlet,  Kodiak, Southeast Alaska, the  Bering Sea,                                                                    
     and the Arctic.   They've separated out their strategic                                                                    
     plan into regional  areas:  the Arctic,  the Bering and                                                                    
     Aleutians, and  the Gulf  of Alaska.   And  then within                                                                    
     each of  these, for example  within the Gulf  of Alaska                                                                    
     there  will  be  smaller   areas  that  have  observing                                                                    
     systems, such  as a  Cook Inlet,  or Kodiak,  or Prince                                                                    
     William  Sound, or  Southeast Plan.   And  then all  of                                                                    
     those integrate into a larger  Gulf plan.  But, through                                                                    
     this  assessment, AOOS  prioritize  the development  of                                                                    
     high frequency radars  for surface current measurements                                                                    
     in  the  Gulf  of  Alaska that  can  track  the  Alaska                                                                    
     coastal current  in its  counter clockwise  path around                                                                    
     the  Gulf,  that  can provide  circulation  detail  for                                                                    
     Central  Prince  William  Sound gyros  to  monitor  the                                                                    
     seasonal influence  of the  Alaska coastal  current and                                                                    
     the western  boundary current on  Cook Inlet,  and even                                                                    
     be  able to  resolve Cook  Inlet rip  zones that  could                                                                    
     vastly  improve  our  understanding  of  those  complex                                                                    
     circulation  patterns.     From  the  Bering   Sea  and                                                                    
     Aleutian  Island  areas,  AOOS identified  a  need  for                                                                    
     deploying  several  long-range   high  frequency  radar                                                                    
     mappers  at  post  points.   For  example,  the  Bering                                                                    
     Strait, the Aleutians Strait  in circulations and major                                                                    
     fishing  grounds.     This  information   will  enhance                                                                    
     fisheries  and  ecosystem  information  collection  and                                                                    
     data  presentations by  expanding the  area covered  by                                                                    
     surveys ....  The benefit  of the ... radar systems for                                                                    
      measuring surface currents is that they provide real-                                                                     
     time  measurements of  circulation patterns  over large                                                                    
     areas and  they can be  deployed to measure at  a range                                                                    
     of resolutions.  ...   In relation to fisheries issues,                                                                    
     the  improved  knowledge  of coastal  circulation  will                                                                    
     improve our ability to  understand, model, and forecast                                                                    
     future circulation  patterns.   We all know  that near-                                                                    
     shore coastal areas are  extremely important to certain                                                                    
     life stages of many  commercially harvested finfish and                                                                    
     shellfish  species.     These  coastal  currents  carry                                                                    
     larvae, eggs, dissolve them, ...  food from one area to                                                                    
     areas downstream.   High frequency  radars can  help us                                                                    
     monitor, in basically  real-time, the physical movement                                                                    
     of  surface   layer  that  is  so   important  to  many                                                                    
     biological processes.   And finally, given  our OPA '90                                                                    
     mandates,  I can't  stop without  touching on  the fact                                                                    
     that by improving  our ability to track  or predict oil                                                                    
     movement in the  event of a large oil  spill in Alaska,                                                                    
     we  can better  protect  near-shore  habitats that  are                                                                    
     essential  for future  healthy fisheries.   We  believe                                                                    
     that high  frequency radar surface current  mappers can                                                                    
     provide  us with  information that  can vastly  improve                                                                    
     our understanding of  Alaska's complex coastal currents                                                                    
     and that can  help to improve our ability  to model and                                                                    
     predict  oil   spill  trajectories,  which   will  thus                                                                    
     improve our  ability to pre-plan  and respond  to spill                                                                    
     oil.                                                                                                                       
                                                                                                                                
10:29:52 AM                                                                                                                   
                                                                                                                                
STEPHANIE  MADSEN,  Chairman,  North Pacific  Fishery  Management                                                               
Council (NPFMC),  informed the  committee that  the topic  of VMS                                                               
was  discussed  at the  February  2007  meeting  of NPFMC.    The                                                               
council  was  concerned  about the  number  of  exemptions  being                                                               
crafted  in response  to public  comment and  asked the  National                                                               
Marine  Fisheries  Service (NMFS)  enforcement  and  the USCG  to                                                               
readdress the  issue to minimize  the need for  these exemptions.                                                               
She indicated that such action may  result in NPFMC taking up VMS                                                               
again.   Ms. Madsen explained  that a comprehensive  VMS document                                                               
arose when closure  areas were passed for  essential fish habitat                                                               
issues several years ago, VMS  was required in the Aleutians, but                                                               
not elsewhere.   She related that it was surprising  that VMS was                                                               
going to be  required in the Gulf of Alaska,  and the council was                                                               
concerned.  "We felt that we  may not have required some of those                                                               
closures  or  maybe  not  as   many  of  those  closures  had  we                                                               
understood that  the enforcement agencies believed  that the only                                                               
way  they  can enforce  those  closures  were through  VMS,"  she                                                               
opined.   Therefore,  NPFMC commented  on the  proposed rule  and                                                               
requested that the VMS requirements  not be enforced.  During the                                                               
discussion,  there  was  discussion  regarding  the  need  for  a                                                               
comprehensive approach.                                                                                                         
                                                                                                                                
10:32:46 AM                                                                                                                   
                                                                                                                                
CARTER  HUGHES, Commercial  Fisherman, began  by clarifying  that                                                               
although he is  a member of the Alaska  Trollers' Association, he                                                               
is speaking  on his  own behalf  today.   Mr. Hughes  opined that                                                               
NMFS and the Coast Guard don't  seem to understand the small boat                                                               
perspective.   He  further  opined that  he  isn't receiving  any                                                               
acceptable  answers with  regard to  cost  and down  time due  to                                                               
repairs.   He noted  that many fisherman  live on  their vessels.                                                               
The  suggested  benefits  don't  apply to  many  of  the  fishing                                                               
vessels.   Mr. Hughes said  that [VMS]  doesn't work for  a small                                                               
private business.  In fact, he  said that he couldn't agree to it                                                               
unless it  was fully paid for  and if he could  keep fishing when                                                               
it was sent  for repairs.  He opined that  in small villages such                                                               
as  Pelican  there will  be  no  way to  repair  VMS  in a  cost-                                                               
effective manner.                                                                                                               
                                                                                                                                
CHAIR SEATON  related his  belief that NPFMC  will listen  to Mr.                                                               
Hughes'  concerns,  many of  which  have  been expressed  by  the                                                               
legislature.                                                                                                                    
                                                                                                                                
10:36:29 AM                                                                                                                   
                                                                                                                                
MATT DONAHOE, Commercial Fisherman,  relayed that he has recently                                                               
come to understand  that he will possibly be  required to utilize                                                               
VMS for  his small  single bar fishery,  which grosses  less than                                                               
$10,000  on  average.    Contrary  to  earlier  testimony,  these                                                               
devices  aren't  available  locally,   he  noted.    Furthermore,                                                               
there's  no one  in the  region  who knows  about repairing  VMS.                                                               
Most would consider this VMS  requirement as an obnoxious federal                                                               
intrusion.   He expressed  resentment for  categorizing fishermen                                                               
as  cheaters  because  most  don't.   He  characterized  the  VMS                                                               
requirement as an Orwellian nightmare.                                                                                          
                                                                                                                                
CHAIR  SEATON  clarified  that  the  testimony  wasn't  that  all                                                               
fishermen cheat, but that there are some cheaters.                                                                              
                                                                                                                                
MR.  DONAHOE pointed  out  that the  testimony  was that  "People                                                               
invariably  cheat."    He  disagreed  with  that  statement,  and                                                               
specified that although  some individuals may cheat,  people as a                                                               
whole don't.                                                                                                                    
                                                                                                                                
10:40:24 AM                                                                                                                   
                                                                                                                                
JOHN MURRAY expressed  the need for USCG, NOAA, and  NMFS to work                                                               
with the effected fishing fleets  to identify alternatives to VMS                                                               
coverage.    The  different  gear  groups  in  Southeast  Alaska,                                                               
Eastern  Gulf of  Alaska are  willing to  develop solutions  that                                                               
address  the  safety,  scientific,  and enforcement  needs.    He                                                               
opined that  the groups  could reach  some common  ground without                                                               
the  use of  VMS, which  many view  as intrusive,  expensive, and                                                               
unnecessary.   Furthermore,  VMS doesn't  work in  the spirit  of                                                               
cooperation  and seems  to  be  a sign  of  big government  going                                                               
astray.   Mr. Murray echoed  Mr. Hughes' concerns with  regard to                                                               
the expense of VMS  for a small boat.  With  regard to safety, he                                                               
noted  that most  who  fish outside  the  boundary lines  already                                                               
carry a  lot of safety gear.   He then turned  to enforcement and                                                               
reminded the committee  that when IFQs first  occurred, there was                                                               
a tremendous amount of enforcement,  which doesn't seem to be the                                                               
case  now.   He opined  that it's  incumbent upon  enforcement to                                                               
obtain the data  necessary.  He related that he  will write these                                                               
agencies regarding alternatives to VMS.                                                                                         
                                                                                                                                
10:44:32 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries meeting  was adjourned  at 10:44                                                               
a.m.                                                                                                                            

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