Legislature(2007 - 2008)BARNES 124
05/02/2007 08:30 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing|| Alaska Board of Fisheries | |
| HB188 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 188 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
May 2, 2007
8:40 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Kyle Johansen
Representative Craig Johnson
Representative Gabrielle LeDoux
Representative Peggy Wilson
Representative Bryce Edgmon
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING
Alaska Board of Fisheries
Howard Delo - Big Lake
- CONFIRMATION(S) ADVANCED
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 188
"An Act relating to the authority of the Board of Fisheries to
allocate within fisheries; and providing for an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 188
SHORT TITLE: BOARD OF FISHERIES' AUTHORITY
SPONSOR(s): REPRESENTATIVE(s) WILSON
03/12/07 (H) READ THE FIRST TIME - REFERRALS
03/12/07 (H) FSH, RES, JUD
04/27/07 (H) SPONSOR SUBSTITUTE INTRODUCED
04/27/07 (H) READ THE FIRST TIME - REFERRALS
04/27/07 (H) FSH, RES, JUD
05/02/07 (H) FSH AT 8:30 AM BARNES 124
WITNESS REGISTER
HOWARD DELO, Appointee
Board of Fisheries (BOF)
Big Lake, Alaska
POSITION STATEMENT: As appointee to the BOF, offered a brief
biography, and responded to questions.
RICHARD THOMPSON
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Howard Delo, to the Board of Fisheries.
DAVID MARTIN
Clam Gultch, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Howard Delo, to the Board of Fisheries.
PAUL SHADURA, Executive Director
Kenai Peninsula Fisherman's Association
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Howard Delo, to the Board of Fisheries.
BILL GIFFORD
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
RICHARD GEASE, Executive Director
Kenai River Sportfishing Association
Kenai, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
ANDY SZCESNY
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
REUBEN HANKE
Kenai, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
GREG BRUSH
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
STEVE MCCLURE
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
MARK GLASSMAKER
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
DR. ROLAND MAW
Kasilof, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Howard Delo, to the Board of Fisheries
WESLEY HUMBYRD
Homer, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Howard Delo, to the Board of Fisheries.
KEVIN HOGAN
Homer, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Howard Delo, to the Board of Fisheries.
RICHARD BISHOP, President
Alaska Outdoor Council (AOC)
Fairbanks, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
RICHARD BUCY, Chairman
Kenai River Sportfishing Association
Soldotna, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
JOHN JENSEN, Member
Board of Fisheries
Petersburg, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
ANDREW COUCH, Member
Matanuska-Susitna Valley Advisory Committee
Palmer, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
THOMAS BRUCE KNOWLES
Willow, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
RON R. WILSON
Willow, Alaska
POSITION STATEMENT: Testified with support for the confirmation
of Howard Delo, to the Board of Fisheries.
ALEC BRANSON
Seward, Alaska
POSITION STATEMENT: Testified in opposition to SSHB 188.
ACTION NARRATIVE
CHAIR PAUL SEATON called the House Special Committee on
Fisheries meeting to order at 8:40:23 AM. Representatives
Johnson, LeDoux, Wilson, Edgmon, and Johansen were present at
the call to order. Representative Holmes arrived as the meeting
was in progress.
8:40:54 AM
CHAIR SEATON provided an update on the escapement goals for
sockeye in the upper range headwaters, by region. This is a
follow-up from Alaska Department of Fish & Game (ADF&G),
requested from an earlier presentation. He reviewed the
statistic totals, how they will relate to management of the
fisheries, and encouraged the committee members to share this
information with their interested constituents.
8:44:53 AM
REPRESENTATIVE JOHNSON asked what the values represent.
CHAIR SEATON stated that he understands them to be the fish
market values.
^CONFIRMATION HEARING
^Alaska Board of Fisheries
CHAIR SEATON announced that the next order of business would be
a confirmation hearing for Howard Delo to the Alaska Board of
Fisheries (BOF).
8:46:09 AM
HOWARD DELO, Appointee, Board of Fisheries (BOF), Big Lake,
provided a brief biography including education, his work in the
field with Alaska Department of Fish & Game (ADF&G), and his
interest in serving on the board and protecting the resource.
8:49:03 AM
REPRESENTATIVE LEDOUX referred to a column that he wrote for a
2005 edition of the magazine "The Frontiersman." The article
suggests that the BOF is stacked against the sport fishing
interests. She asked, "If you were on the BOF, how would you be
doing things differently than they're doing them now?"
MR. DELO stated that he has an extensive hatchery background,
and said he would utilize that tool. Further, he brings a
public access knowledge to the board, which may not have
previously existed. Decisions should be based on ADF&G
recommendations, what's best for the resource, and what will
allow for the maximum use of the harvestable surplus of the
resource, he opined.
REPRESENTATIVE LEDOUX queried if he believes that the resources
are currently being managed based upon the biology of the
specific animal, or the requirements of the habitat of concern.
MR. DELO responded that the department probably factors in both,
however, it may depend on the specific area. Some areas the
habitat situation is not a problem, and it becomes more the
department's task to manage the number of animals. In other
areas, habitat is more of a concern. He speculated that the
department would probably like to be able to do more to address
those specific issues.
8:52:05 AM
REPRESENTATIVE LEDOUX referred to a portion of the September
2005 column, and read [original punctuation provided]:
Does anyone out there still believe that our state's
fish and game resources are primarily managed based on
the biology of the specific animal or the requirements
of the habitat of concern? Do you think that politics
and socioeconomic factors play only a minor role in
our natural resources management and development? If
you honestly believe the above, I applaud your
principals but I'm going to burst your bubble.
REPRESENTATIVE LEDOUX asked him to elaborate on this comment,
and to explain how he expects to do things differently than they
are being done now.
MR. DELO clarified that he was pointing a finger back at ADF&G,
as an ex-employee. During his tenure, he often observed that,
due to lack of staff and funding, the department has not been
able to manage the entire resource; only addressing the "people
aspect." He said that they can set seasons and bag limits, to
control the use of the resource, but they have not had the funds
to fulfill extensive research. This research could result in
major gains in managing habitat and dealing with the biology of
the animals. The comments were primarily directed to the game
situations, as opposed to the fisheries. He pointed out that
the three wildlife staffers, in the Palmer office, are in charge
of an area the size of West Virginia. Those individuals have
their hands full dealing with everything that is not related to
habitat and biology management, which is what the criticism was
leveled at, he said.
REPRESENTATIVE LEDOUX opined that, in reading the entire
article, it appears to be directed to fishing interests.
8:55:16 AM
CHAIR SEATON asked what his opinion is of how the fisheries are
managed: biologically, or socially.
MR. DELO acknowledged that the managers do their best, given the
information/research available. However, he noted that there is
a social factor involved, and many demands by special interest
groups on overlapping resources. His agenda, for serving on the
BOF, includes asking the department to report on their ability
to utilize the new techniques and technology to enhance, refine,
and move forward with some of the management oriented research,
in an effort to refine the management of species and stocks. If
that is possible, it would be beneficial in managing mixed
stocks, and provide better escapement to all areas.
CHAIR SEATON asked whether his view is that the department is
managing sociologically, or that the BOF, in adopting
regulations, is managing socially instead of biologically.
MR. DELO the department is doing their best to manage
biologically, given the information available to them. The
department is required to answer the dictates of the BOF, while
addressing biological concerns. The board's task is allocation,
which involves the socioeconomic factors. He stressed the need
for the department to pursue new techniques in achieving higher
levels of biological management.
8:59:06 AM
REPRESENTATIVE WILSON summarized his opinion to be that the
department is doing well given the level of funding that it is
provided; additional funding would allow better management.
MR. DELO agreed, and said that funding would be the bottom line,
and the continuing issue. The fisheries divisions are
dedicated, hard working, well educated biologists, however, they
are hindered by funding limitations. With additional funding
they may be able to more precisely manage the fisheries, barring
unforeseeable variables, he predicted.
9:01:15 AM
REPRESENTATIVE LEDOUX asked how, assuming that ADF&G may not get
additional allocations to fund further research, he will address
this situation as a BOF member.
MR. DELO said that, as an individual, he may not make a
significant difference, and pledged to strive to maintain
standards. He might urge the department to focus on the problem
areas, and referred to the governor's statement to manage for
abundance, as a long-term goal.
9:04:45 AM
REPRESENTATIVE JOHANSEN inquired what experience he has had on
issues in Southeast Alaska, as his resume does not indicate a
familiarity with the issues in this region.
MR. DELO said his approach would be to rely on the information
provided from ADF&G, public testimony, and other board members.
9:07:10 AM
CHAIR SEATON asked how he foresees managing a weak stock in a
mixed run area; which stock would be protected.
MR. DELO responded that the constitution mandates that all the
state resources will be managed for sustainable yield, which he
interprets to include all watersheds. Meeting minimum
escapement goals should be paramount, given the human ability to
monitor the streams and manage the resources. Many areas do not
have information available, which makes management impossible.
He said, "Generally, I'm a believer in the sustainable salmon
policy."
CHAIR SEATON affirmed that the BOF, not the managers, sets
policy, and asked Mr. Delo to provide an example of the Cook
Inlet/Yentna River escapement issue, and how decisions for
allocations should be made.
MR. DELO acknowledged that it is the board, not the department,
that establishes allocations. However, the board relies heavily
on information provided by the department to set the
allocations. If information is not being provided, it is
difficult to make decisions. He stated that in a situation
where information was not available, he would take a
conservative approach, pending research for protecting the
resource. The pie cannot be cut until you know how much is
there and who will get a piece, he said. The upper and lower
parts of Cook Inlet require restriction on all user groups.
9:13:13 AM
CHAIR SEATON emphasized that appointment to the board will
require him to make the discussed regulations in the absence of
knowledge. He asked if that means he may recommend closure of
the sport fishery on the Yentna, or impose closures downstream.
9:14:12 AM
MR. DELO pointed out that the department manages the fish, not
the board. The Yentna has been catch and release, for several
years, because it has not been realizing escapement goals. The
subsistence fishery is continuing, but that is a small number of
fish. Given this recent history the in-river stocks need to be
supported. Adequate returns are imperative to allow a healthy
harvest and continued propagation, he reminded.
CHAIR SEATON understood him to be stating that, as a BOF member,
he would support a policy that the sport fisheries are not going
to be taking place in any of the rivers that haven't met their
minimum escapement goals, or are not anticipated to meet their
minimum escapement goals.
MR. DELO stated that he would answer yes to those parameters,
pending additional information. If one industry is being
restricted but still operational, it would not seem appropriate
to shut another one down completely; a balance must be sought.
9:17:46 AM
CHAIR SEATON recalled the discussion regarding the report titled
"Success in Achieving Escapement Goals in Monitored Systems."
He quoted statistics of escapement goals for various systems,
and asked if the escapement percentages represent a problem in
maximizing benefit to the users, or the allocations to ensure
upstream use.
MR. DELO suggested that he would not use the word problem,
however, the escapement level needs to be closely monitored. He
said that his understandings of the streams included in the
report are sustainable escapement goals, as apposed to
biological escapement goals. This harkens back to the better
ability to manage. Additional information could allow the
commercial fishery to zero in on the over escapement species,
and allow a better balance for what is harvested commercially
and what is escaping to the river. He referred to a recent
Board of Game meeting that indicated the low bear count on the
McNeal River, and how it relates to the low fish count. These
environmental factors need to be studied, he said, and stressed
the importance of gathering data.
CHAIR SEATON using the McNeal River example, pointed out that
the commercial fishery, on that system, has been closed for a
number of years, and asked whether the sport fishery should be
addressed, also.
MR. DELO responded that the low fish returns need to be studied.
The Division of Commercial Fisheries, has an ongoing genetics
project to identify the various stocks within Cook Inlet. The
same technique may provide a means to identify what is occurring
in the McNeal River system. It could mean a "throttled back"
sport fishery to allow the stocks to rebuild, he opined.
9:23:57 AM
CHAIR SEATON referred to a letter in the committee packet, dated
2/14/07, to ADF&G, and read [original punctuation provided]:
Historically, the Central District drift fleet has
been fished according to the inaccurate preseason
forecast; and they fish in the center of Cook Inlet
where Northern District stocks move through. To
protest depressed northern bound salmon stocks, a
conservation corridor may need to be established
through the center of Cook Inlet in the Central
District during the period from July 9-25.
CHAIR SEATON asked if the commercial fishery in Cook Inlet needs
this conservation corridor in the time frame indicated in the
AOC letter. As it would effectively close the entire fishery,
he asked if Mr. Delo still holds this position.
MR. DELO explained that the referenced correspondence was a
cover letter which he wrote to summarize the position of the
AOC. It was his job to express the opinion of the AOC on a
white paper, that had been distributed by the BOF.
9:28:35 AM
CHAIR SEATON inquired whether he agrees with having a
conservation corridor in Cook Inlet, as described in the letter.
MR. DELO said that he does not know whether it is a measure that
needs to be implemented or not. The letter was based on other
advisory board information, and was an attempt to bring ideas to
the table for the BOF.
9:29:58 AM
REPRESENTATIVE LEDOUX noted that there was a discussion and a
vote, on this topic. She asked if he voted for it or against
it.
MR. DELO said that he voted to agree with the AOC position
paper.
REPRESENTATIVE LEDOUX underscored that the position of the AOC
letter suggested the establishment of a conservation corridor.
MR. DELO said he could not recall if it was specifically stated.
9:30:55 AM
CHAIR SEATON opened public testimony.
9:31:37 AM
RICHARD THOMPSON stated opposition to the confirmation of Howard
Delo, and cited the appointee's biases against the commercial
fleet, and a preconceived agenda. These will prevent sound
judgment from prevailing, he predicted.
9:32:46 AM
DAVID MARTIN stated opposition to the confirmation of Howard
Delo, and cited concern for the appointee's approach to
addressing escapement goals, based on the previously discussed
AOC letter, suggesting the conservation corridor in Cook Inlet
as a management plan. He suggested that such an action would
"kill the drift fleet," and remove the emergency order authority
from the department.
9:34:37 AM
PAUL SHADURA, Executive Director, Kenai Peninsula Fisherman's
Association, stated opposition to the confirmation of Howard
Delo, due to his interests in the sport charter fishery. He
provided related bias points that the association has identified
as areas of concern for this appointment.
9:37:15 AM
BILL GIFFORD stated support for the confirmation of Howard Delo,
and said his education, coupled with his experience at ADF&G,
will be an added benefit to the BOF.
9:37:44 AM
RICHARD GEASE Executive Director, Kenai River Sportfishing
Association, stated support for the confirmation of Howard Delo.
9:38:19 AM
ANDY SZCESNY stated support for the confirmation of Howard Delo.
9:38:48 AM
REUBEN HANKE stated support for the confirmation of Howard Delo.
9:39:20 AM
GREG BRUSH stated support for the confirmation of Howard Delo,
opining that he will "put the resource first," and that he has
the ability to remain objective on issues.
9:40:41 AM
STEVE MCCLURE stated support for the confirmation of Howard
Delo.
9:41:09 AM
MARK GLASSMAKER stated support for the confirmation of Howard
Delo.
9:41:57 AM
DR. ROLAND MAW stated opposition to the confirmation of Howard
Delo. He referred to the work being done on the Yentna River
escapement that has been available, and opined that the
appointee could have availed himself of this information prior
to writing the AOC letter.
9:44:23 AM
WESLEY HUMBYRD stated opposition to the confirmation of Howard
Delo, stating that the scope of his fishery knowledge does not
encompass the entire state.
9:45:28 AM
KEVIN HOGAN stated opposition to the confirmation of Howard
Delo, citing the need to have a commercial fishery appointment.
9:46:12 AM
RICHARD BISHOP, President, Alaska Outdoor Council (AOC), stated
support for the confirmation of Howard Delo, stating the need to
have appointees who pledge protection for the resource.
9:47:20 AM
RICHARD BUCY, Chairman, Kenai River Sportfishing Association,
stated support for the confirmation of Howard Delo.
9:47:43 AM
JOHN JENSEN, Member, Board of Fisheries, stated support for
Howard Delo.
9:48:15 AM
ANDREW COUCH, Member, Matanuska-Susitna Valley Advisory
Committee, stated support for Howard Delo, citing his knowledge
of fisheries, and his approachability.
9:49:25 AM
THOMAS BRUCE KNOWLES stated support for the confirmation of
Howard Delo, and claimed credit for writing the AOC letter,
which Mr. Delo signed. He suggested that anyone concerned with
the contents of the letter, should contact him directly. He
praised the skills of the appointee, and urged his confirmation.
9:50:32 AM
RON WILSON stated support for the confirmation of Howard Delo.
Over the past twelve years his and the appointees opinions have
not always been in accord, however he said he believes that the
appointee will focus on protecting the resource.
9:51:19 AM
CHAIR SEATON closed public testimony.
9:51:30 AM
CHAIR SEATON referred to a hearing of the BOF, which discussed
the possibility of prioritizing sport and subsistence fisheries
together over the commercial catch, and asked for comment.
MR. DELO replied that he did not attend that hearing. He
stressed that it would be important to know why that is being
proposed.
9:53:40 AM
CHAIR SEATON stated that the Special Committee on Fisheries has
reviewed the qualifications of Mr. Delo, to serve as a member of
the BOF, and requested committee action.
9:54:19 AM
REPRESENTATIVE WILSON moved to advance the confirmation of
Howard Delo to the joint session of the House and Senate. There
being no objection, the confirmation of Howard Delo to the
Alaska Board of Fisheries, was advanced.
HB 188-BOARD OF FISHERIES' AUTHORITY
9:54:40 AM
CHAIR SEATON announced that HB 188 would not be heard today, and
he explained that the sponsor substitute is on the table. This
bill will be held until the Friday meeting [5/4/07].
9:55:41 AM
CHAIR SEATON opened public testimony on HB 188.
9:56:06 AM
ALEC BRANSON, testified in opposition to SSHB 188. This bill
appears to provide a carte blanche to the BOF, opening a loop
hole for the cooperative fisheries. As a member of the Chignik
Coop he said, "We don't want to see that again."
[HB 188 was held over.]
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 9:57
a.m.
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