Legislature(2007 - 2008)BARNES 124

01/21/2008 08:30 AM House FISHERIES


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08:42:43 AM Start
08:42:53 AM Overview: Alaska Department of Fish & Game, Division of Subsistence
10:07:38 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: ADF&G Subsistence Division TELECONFERENCED
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                        January 21, 2008                                                                                        
                           8:42 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Kyle Johansen                                                                                                    
Representative Craig Johnson                                                                                                    
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Gabrielle LeDoux                                                                                                 
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW: ALASKA DEPARTMENT OF FISH & GAME                                                                                      
          DIVISION OF SUBSISTENCE                                                                                               
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous committee action to record                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ELIZABETH ANDREWS, Director                                                                                                     
Division of Subsistence                                                                                                         
Alaska Department of Fish & Game                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided an overview of the Division of                                                                  
Subsistence, Alaska Department of Fish & Game (ADF&G).                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL   SEATON  called  the  House   Special  Committee  on                                                             
Fisheries  meeting  to  order at  8:42:43  AM.    Representatives                                                             
Seaton, Johansen, and  Edgmon were present at the  call to order.                                                               
Representatives  Johnson,  Holmes,  and  Wilson  arrived  as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^OVERVIEW:  Alaska  Department  of   Fish  &  Game,  Division  of                                                             
Subsistence                                                                                                                   
                                                                                                                                
8:42:53 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  announced the committee  would hear an  overview of                                                               
the Division of Subsistence today.                                                                                              
                                                                                                                                
8:44:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN asked  what  percentage  of the  harvest                                                               
"piece of the pie" is allocated to subsistence.                                                                                 
                                                                                                                                
ELIZABETH  ANDREWS,  Director,  Division of  Subsistence,  Alaska                                                               
Department  of Fish  & Game  (ADF&G), told  members it  varies by                                                               
area, but the amount is roughly 1-2 percent.                                                                                    
                                                                                                                                
8:45:22 AM                                                                                                                    
                                                                                                                                
MS.  ANDREWS then  directed members'  attention to  the committee                                                               
packet and  proceeded with a  PowerPoint presentation.   She told                                                               
members the following:                                                                                                          
                                                                                                                                
     Thank you, Chairman Seaton,  and committee members, for                                                                    
     this  opportunity to  speak to  you about  our program.                                                                    
     As mentioned,  my name  is Elizabeth  Andrews and  I am                                                                    
     the director  of the subsistence  division.  I  do have                                                                    
     the handout there and you can follow along there.                                                                          
                                                                                                                                
     I just  want to mention, some  of this may be  a review                                                                    
     from  last year.   Some  parts will  sound familiar  to                                                                    
     some  of  you.   I  wanted  to  first mention  for  the                                                                    
     state's subsistence division our mission and purpose.                                                                      
                                                                                                                                
     In  1978,   that's  when   the  Alaska   statute  first                                                                    
     recognized  the  economic  and cultural  importance  of                                                                    
     wildlife in the  lives of Alaskans and  passed the law.                                                                    
     This provided a priority  for customary and traditional                                                                    
     uses for subsistence and I'll  talk about that a little                                                                    
     more  shortly.    It preceded  the  1980  federal  law,                                                                    
     [Alaska  National  Interest   Lands  Conservation  Act]                                                                    
     ANILCA,  in  part  so  that   the  state  could  retain                                                                    
     management authority over all lands.                                                                                       
                                                                                                                                
8:46:42 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS continued:                                                                                                          
                                                                                                                                
     Our mission, as a division  in the department, has four                                                                    
     ... basic  elements.   It is  to gather  information on                                                                    
     subsistence  uses, it's  to quantify  it, evaluate  it,                                                                    
     and  report  that  information  and  it  includes  both                                                                    
     fisheries and wildlife.                                                                                                    
                                                                                                                                
     What  are   subsistence  uses?    They   are  the  non-                                                                    
     commercial  customary and  traditional uses.   That  is                                                                    
     different from personal use because  it has a customary                                                                    
     and  traditional component  that each  board, Board  of                                                                    
     Fisheries  and Board  of Game,  has to  identify.   The                                                                    
     Alaska  regulations since  statehood and  preceding the                                                                    
     state's  subsistence law  did  provide for  subsistence                                                                    
     fishing.   It didn't  just come  with the  1978 statute                                                                    
     but the priority did.                                                                                                      
                                                                                                                                
     Fisheries resources are important  to Alaskans and this                                                                    
     includes subsistence  fisheries and,  in fact,  in many                                                                    
     communities the  fish harvest for  subsistence accounts                                                                    
     for anywhere  to one-third to  two-thirds of  the total                                                                    
     food harvest.  Again that  varies by area.  It's marine                                                                    
     fisheries as well as freshwater fisheries.                                                                                 
                                                                                                                                
8:48:14 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked whether in  certain areas, such as  the Yukon                                                               
River,  the subsistence  harvest  may exceed  the commercial  and                                                               
sport harvest combined.                                                                                                         
                                                                                                                                
MS. ANDREWS responded  that along the Yukon  and Kuskokwim Rivers                                                               
where  the commercial  harvest has  diminished considerably,  the                                                               
subsistence  fisheries   harvest  is   greater.     However,  the                                                               
subsistence harvest  for all resources  ranges from  one-third to                                                               
two-thirds around the state.                                                                                                    
                                                                                                                                
8:49:31 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON asked  if that applies to a variety  of species, for                                                               
example sheefish, and whether a  commercial fishery for such non-                                                               
salmon fisheries exists.                                                                                                        
                                                                                                                                
MS. ANDREWS  answered that varies  by area; the  sheefish harvest                                                               
is  particularly  significant in  the  Northwest  Arctic.   ADF&G                                                               
sometimes  issues   permits  for   small  commercial   and  sport                                                               
fisheries;  however, the  majority of  the sheefish  take is  for                                                               
subsistence.                                                                                                                    
                                                                                                                                
CHAIR SEATON questioned whether the one-third to two-thirds                                                                     
amount applies to salmon.                                                                                                       
                                                                                                                                
MS. ANDREWS said that amount includes all fish and wildlife                                                                     
species statewide.                                                                                                              
                                                                                                                                
8:51:14 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS continued her presentation:                                                                                         
                                                                                                                                
     In  terms of  our program,  our mandate  is to  conduct                                                                    
     applied research so we're  not the management divisions                                                                    
     -  commercial fisheries  and  sport  fisheries are  the                                                                    
     management divisions.  But it's  to conduct the applied                                                                    
     research   and   to   provide   the   information   for                                                                    
     implementing the state subsistence law.                                                                                    
                                                                                                                                
     We've  prioritized the  work  so  that basically  we're                                                                    
     doing two things  and these tie into  our core services                                                                    
     and that is  to provide the information  to the boards,                                                                    
     whether  it's  fisheries  or game,  so  that  they  can                                                                    
     provide a reasonable  opportunity for subsistence uses.                                                                    
     It's also to provide the  information to the manager so                                                                    
     that  it factors  into the  overall  management of  the                                                                    
     fish stocks or populations.                                                                                                
                                                                                                                                
     As  I  mentioned,  subsistence  fishing  management  is                                                                    
     handled   by  the   management  divisions'   commercial                                                                    
     fisheries and  sport fisheries.   They also  have their                                                                    
     own   research  arms   but  we   do  the   research  on                                                                    
     subsistence  uses,  again  whether  it's  fisheries  or                                                                    
     wildlife.                                                                                                                  
                                                                                                                                
8:52:02 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS continued:                                                                                                          
                                                                                                                                
     In  1990,  as  I  know  many  of  you  are  aware,  the                                                                    
     management of  subsistence fishing became  more complex                                                                    
     with  the   federal  government  beginning   to  manage                                                                    
     subsistence  hunting,  trapping   and,  at  that  time,                                                                    
     fishing  in non-navigable  waters.   In 1999  they then                                                                    
     added  management  on  all  federal  public  lands  and                                                                    
     waters within their jurisdiction.                                                                                          
                                                                                                                                
8:52:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  asked if Ms. Andrews'  role changed with                                                               
the 1990 and 1999 changes.                                                                                                      
                                                                                                                                
MS. ANDREWS said she had been  with the division for 18 years and                                                               
then left  and returned two years  ago.  The division  still does                                                               
research  but   the  federal  government   is  now   involved  in                                                               
management and has  a regulatory arm that is  focused on regional                                                               
advisory councils.   The ADF&G  divisions and  private businesses                                                               
get  [federal] funding  to competitively  bid project  contracts.                                                               
She  said the  managers have  faced considerable  challenges when                                                               
federal  programs  try  to   extend  jurisdiction  or  promulgate                                                               
regulations  that  do not  align  with  state regulations.    The                                                               
Division  of Subsistence  gets  information  on subsistence  uses                                                               
regardless  of  location  and  is  challenged  to  keep  up  with                                                               
proposal  review  for  the  federal   program.    The  division's                                                               
priority is  to review and  analyze the proposals that  go before                                                               
the   Alaska  Boards   of  Fish   and  Game.     The   division's                                                               
participation in  reviewing proposals for the  federal government                                                               
has diminished; other ADF&G staff has taken over that duty.                                                                     
                                                                                                                                
8:55:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN asked  how the  Division of  Subsistence                                                               
interacts  with  the decision  makers  and  whether the  division                                                               
feels it impacts those decisions.                                                                                               
                                                                                                                                
MS. ANDREWS said a special  assistant to the commissioner gathers                                                               
information from the division managers  and chairs a liaison team                                                               
comprised of a  staff member from each division.   The department                                                               
is  recruiting an  assistant director  to  lead that  team.   The                                                               
department's commissioner or  his/her designee has a  seat on the                                                               
federal subsistence board.  The  team leader will decide who will                                                               
attend the federal meetings to discuss the proposals.                                                                           
                                                                                                                                
8:57:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  noted that subsistence was  a huge issue                                                               
in the 1990s.   He asked whether the  Administration would prefer                                                               
to revert to  the 1999 changes to give the  division more control                                                               
or whether it is content with the status quo.                                                                                   
                                                                                                                                
MS.   ANDREWS  said   she  is   unaware  of   a  desire   on  the                                                               
Administration's   part  to   revisit   ANILCA   or  change   the                                                               
subsistence  law.   The  department's  approach  during the  last                                                               
several years, with the help of  the Department of Law (DOL), has                                                               
been to  challenge any regulations  or decisions it  believes are                                                               
inappropriate or unsubstantiated with evidence.                                                                                 
                                                                                                                                
8:59:01 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  clarified  that   the  Division  of  Subsistence's                                                               
function  is research,  not management;  however, the  sport fish                                                               
and commercial  fish divisions manage  the fisheries and  also do                                                               
research.    He  asked  whether the  sport  and  commercial  fish                                                               
divisions  research  stock   assessments  while  the  subsistence                                                               
division does utilization and need assessments.                                                                                 
                                                                                                                                
MS.  ANDREWS  said  the  other   divisions  have  management  and                                                               
research  functions  but  the subsistence  division  only  has  a                                                               
research function.                                                                                                              
                                                                                                                                
9:00:32 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON questioned  whether the  subsistence division  does                                                               
research on  stock assessments  and determining  allowable limits                                                               
or looks at community needs and utilization.                                                                                    
                                                                                                                                
MS.  ANDREWS  said  the  division  focuses  on  the  human  uses;                                                               
patterns of  use and geographic  areas of use.   That information                                                               
is  fed into  the  management allocation  decisions  made by  the                                                               
boards.                                                                                                                         
                                                                                                                                
9:01:26 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS continued her presentation:                                                                                         
                                                                                                                                
     Okay, just moving to  this one, subsistence opportunity                                                                    
     and subsistence  preference, and  this kind  of follows                                                                    
     along with what we were just  talking about.  It is the                                                                    
     Board  of Fisheries  that implements  the state  law by                                                                    
     providing  the reasonable  opportunity for  subsistence                                                                    
     fishing.  So this is not  a guarantee of amount of fish                                                                    
     or unlimited fishing time but  it is what is considered                                                                    
     reasonable, considering the  customary patterns of use.                                                                    
     That's  the  opportunity   aspect  of  the  subsistence                                                                    
     statute  and the  preference aspect  is only  when it's                                                                    
     necessary  to  restrict  harvest   does  the  Board  of                                                                    
     Fisheries  provide a  preference over  other uses.   Up                                                                    
     until that point all uses are provided for.                                                                                
                                                                                                                                
9:02:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  questioned how many times  a harvest was                                                               
restricted and preference was given to subsistence users.                                                                       
                                                                                                                                
MS. ANDREWS  said that  can happen anytime  but the  most extreme                                                               
example was an  occurrence in the Nome salmon  fishery, which had                                                               
a tier  two fishery at  that time.   Commercial fishing  had been                                                               
closed for  years but stocks  were still  not doing well.   Sport                                                               
fishing was  cut back  and escapements  were poor.   Restrictions                                                               
among  subsistence uses  were  put  into effect.    On the  Yukon                                                               
River, management plans lay out  at what point commercial, sport,                                                               
and  other uses  will be  restricted.   First commercial  fishing                                                               
would be  restricted and then  stopped, then sport  fishing would                                                               
be restricted and stopped, and  then subsistence fishing would be                                                               
restricted.   During  that  course the  Board  could decide,  for                                                               
conservation  reasons, to  cut back  subsistence.   She explained                                                               
that conservation  trumps subsistence and  the process is  one of                                                               
ratcheting down.                                                                                                                
                                                                                                                                
9:04:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  whether a  commercial  or  sport                                                               
fishery has been  closed to provide for a  subsistence fishery in                                                               
the last four or five years.                                                                                                    
                                                                                                                                
MS. ANDREWS said  earlier in the decade,  poor escapements caused                                                               
a salmon  disaster in the  Kuskokwim River  area.  The  early run                                                               
assessment showed the run was  not materializing so no commercial                                                               
fishing was  allowed.  She  said she  would have to  get specific                                                               
numbers and dates from managers.                                                                                                
                                                                                                                                
CHAIR  SEATON   asked  Representative  Johansen  whether   he  is                                                               
specifically referring to fish.                                                                                                 
                                                                                                                                
REPRESENTATIVE  JOHANSEN said  he is  also interested  in getting                                                               
the same information about wildlife.                                                                                            
                                                                                                                                
CHAIR  SEATON said  he is  interested in  the drastic  allocation                                                               
changes and restrictions in the Koyukuk River area.                                                                             
                                                                                                                                
9:06:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON requested  that the  committee receive  a                                                               
written  report of  the  number of  times and  where  a sport  or                                                               
commercial fishery was  closed to subsistence over  the last five                                                               
years.                                                                                                                          
                                                                                                                                
9:06:52 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON asked  how specific he would like the  report to be,                                                               
such as whether a fishery was never opened during a year.                                                                       
                                                                                                                                
9:07:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON said  he would like to know of  any time a                                                               
fishery had  to be  scaled back.   He said he  does not  want the                                                               
report to be  time or labor intensive.  For  example, he wants to                                                               
know whether a fishery has been  closed five times in the last 10                                                               
years.                                                                                                                          
                                                                                                                                
9:08:07 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  said he is  trying to hone the  committee's request                                                               
and asked Ms. Andrews what she could provide.                                                                                   
                                                                                                                                
MS. ANDREWS said  she will need to request  that information from                                                               
the  other  division   managers.    She  said   they  make  those                                                               
determinations based on assessments of the runs.                                                                                
                                                                                                                                
9:09:35 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  said he is  attempting to provide parameters  for a                                                               
report.                                                                                                                         
                                                                                                                                
9:10:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON said he would like  to get a report on the                                                               
times  and places  when  a commercial  and/or  sport fishery  was                                                               
ratcheted down or  closed and subsistence was affected.   He said                                                               
he  is  interested  in  the more  extreme  situations,  not,  for                                                               
example, when  a fishery  was closed  for one day  or when  a bag                                                               
limit changed.                                                                                                                  
                                                                                                                                
9:11:41 AM                                                                                                                    
                                                                                                                                
CHAIR   SEATON    thanked   Representative   Johnson    for   the                                                               
clarification.                                                                                                                  
                                                                                                                                
9:12:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN referred  to  AS 16.05.258  and said  it                                                               
appears to stipulate three conditions.  He stated:                                                                              
                                                                                                                                
        One, if the harvestable portion of the stock is                                                                         
     sufficient to provide for all uses; two, if a portion                                                                      
     of the  stock is sufficient to  provide for subsistence                                                                    
     uses and some, but not, other  uses; and then c, if the                                                                    
     harvestable  portion  is   sufficient  to  provide  for                                                                    
     subsistence use  and no other  uses.  So it  seems like                                                                    
     there are  three different levels  in the  statute here                                                                    
     so I'm  not sure exactly  how far,  if we go  to number                                                                    
     two or number  three, whether it restricts  it a little                                                                    
     bit or whether it completely shuts out other uses.                                                                         
                                                                                                                                
9:12:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  said for  the sake of  reasonableness the                                                               
report should:                                                                                                                  
                                                                                                                                
     ... get that third trigger  in there where it's cut off                                                                    
     for subsistence  only or severely  curtailed.   I think                                                                    
     I'd like it  if the season was cut  in like two-thirds,                                                                    
     I  think that  would  be significant  so a  significant                                                                    
     change in  commercial or sport  fishing but I  would be                                                                    
     satisfied  with  just  the  third  trigger  if  it  was                                                                    
     totally cut off to everything but subsistence.                                                                             
                                                                                                                                
9:13:26 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  Director Andrews  what level  of restriction                                                               
should be  targeted to  produce a  reasonable report  and whether                                                               
the  definition  of  a  closure  of a  commercial  fishery  or  a                                                               
restriction within  the sport fishery would  provide a reasonable                                                               
report.                                                                                                                         
                                                                                                                                
MS.  ANDREWS  replied  affirmatively  and  estimated  the  number                                                               
should be  less than a  handful.  She  said she is  familiar with                                                               
the  Kuskokwim, Yukon,  and  Kvichak closures  since  2000.   She                                                               
added that subsistence, depending  on the species, has prevailing                                                               
restrictions.     It  is  not   open,  particularly   for  salmon                                                               
fisheries, 24 hours  per day, 7 days per week.   For example, the                                                               
subsistence opening might be for two 48-hour periods.                                                                           
                                                                                                                                
9:15:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN said that would be satisfactory.                                                                        
                                                                                                                                
9:15:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON asked  if  the number  of times  fisheries                                                               
have closed to  subsistence fishing since 1990  could probably be                                                               
counted on both hands.                                                                                                          
                                                                                                                                
MS. ANDREWS said that is correct.                                                                                               
                                                                                                                                
REPRESENTATIVE EDGMON  noted that  by-catch levels  have impacted                                                               
commercial  and  sport  fishing  and  said  he  would  follow  up                                                               
independently on the reason for the closures.                                                                                   
                                                                                                                                
9:17:13 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  stated his interest is  in the management                                                               
of  fish  stocks  for  preservation   reasons,  not  which  group                                                               
triggered a  cut back.   He expressed  interest in the  number of                                                               
times the subsistence allocation was  cut back because that might                                                               
signify that a particular stock is  in danger.  He clarified that                                                               
his  intent is  not to  get information  to debate  the value  of                                                               
commercial versus sport fishing.                                                                                                
                                                                                                                                
9:18:26 AM                                                                                                                    
                                                                                                                                
MS.  ANDREWS  said  she  is   comfortable  with  the  committee's                                                               
description of the information members  want.  She then continued                                                               
her presentation, as follows:                                                                                                   
                                                                                                                                
     Again, I  think I've already covered  this pretty much,                                                                    
     our core  services are basically derived  directly from                                                                    
     our  statutory   mandate.    It   provides  information                                                                    
     directly into management  by the department's fisheries                                                                    
     managers  as  we  just  discussed   and  also  for  the                                                                    
     allocation  decisions  that   the  Board  of  Fisheries                                                                    
     makes.  We also  contribute to the fisheries management                                                                    
     plans and,  again, I just  earlier described  some that                                                                    
     are in  regulation.   There are  others that  aren't as                                                                    
     well as to other  management and allocation bodies, and                                                                    
     these  would be,  for example,  just as  Representative                                                                    
     Edgmon mentioned  the North Pacific  Fishery Management                                                                    
     Council, the International  Pacific Halibut Commission,                                                                    
     the U.S./Canada Yukon  Salmon Panel, of which  I am the                                                                    
     co-chair.   I  didn't know  if you  have any  questions                                                                    
     about  that.   I  could  perhaps  answer those  now  or                                                                    
     continue with this.                                                                                                        
                                                                                                                                
9:19:36 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON asked  for a description of  the division's research                                                               
methodologies.                                                                                                                  
                                                                                                                                
MS.  ANDREWS  said the  methodology  is  area dependent  and  the                                                               
division's  research funding  comes  largely  from contracts  and                                                               
other entities rather than from  general funds.  Depending on the                                                               
needs identified  by an entity,  such as  subsistence information                                                               
for   the   International   Halibut   Commission,   a   different                                                               
methodology might be required than  for research requested by the                                                               
Board of Fisheries on Bristol Bay salmon.                                                                                       
                                                                                                                                
9:20:48 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  asked  about  the   process  for  determining  the                                                               
research  methodology.    He   questioned  whether  the  division                                                               
develops  a  scientific  survey  method  when  the  International                                                               
Halibut  Commission makes  a request,  which the  commission then                                                               
approves.                                                                                                                       
                                                                                                                                
MS.  ANDREWS  said the  International  Halibut  Commission has  a                                                               
scientific review  team that reviews  the questions  the division                                                               
will ask  and the  methodology.   Sometimes those  questions also                                                               
get  reviewed  by the  Office  of  Management  and Budget.    The                                                               
commission  established   halibut  subsistence   standards  which                                                               
underwent  a  review  process.     For  example,  the  commission                                                               
established a permit system [for  subsistence take] and wanted to                                                               
know  the number  of halibut  taken  from each  of 14,000  permit                                                               
holders.  That study required  the use of a different methodology                                                               
than  getting  that  information  from 1,500  permit  holders  in                                                               
Bristol Bay.                                                                                                                    
                                                                                                                                
9:22:35 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS returned to her presentation:                                                                                       
                                                                                                                                
     Again, as  I said,  our subsistence fishing  research -                                                                    
     and to summarize  our division's main responsibilities,                                                                    
     it's  basically to  conduct the  research and  document                                                                    
     these  subsistence  uses   as  identified  in  statute,                                                                    
     estimate  subsistence harvest  levels, and  to evaluate                                                                    
     the potential  impacts to  subsistence uses  from other                                                                    
     uses.   We  do compile  the information  into different                                                                    
     formats for the regulatory issues  and we provide it to                                                                    
     the  state  and  federal  agencies, as  well  as  other                                                                    
     researchers.   We're  also  involved  in baseline  data                                                                    
     collection so  that we can  evaluate trends  over time.                                                                    
     We're  involved in  one of  the climate  change studies                                                                    
     right now  with the  Bering Sea ecosystem  project that                                                                    
     the North Pacific  Research Board has.   We do resource                                                                    
     development   related  impact   studies  and   you  may                                                                    
     remember last  year I mentioned research  we were doing                                                                    
     under contract with Rond (ph)  Associates on the Pebble                                                                    
     Mine proposed  development and now there  is a proposed                                                                    
     expansion to the  Red Dog Mine in  Northwest Alaska and                                                                    
     we're  subcontracting with  Rond Associations  for that                                                                    
     work also on subsistence uses.                                                                                             
                                                                                                                                
9:24:09 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked what role  the division plays with  the North                                                               
Pacific Council  or through  ADF&G to  the Council  regarding the                                                               
by-catch of  king salmon being problematic  for subsistence uses.                                                               
He questioned whether that is simply a stock assessment number.                                                                 
                                                                                                                                
MS. ANDREWS said ADF&G is  represented by the commissioner on the                                                               
Council  so the  king salmon  by-catch  would come  into play  in                                                               
terms  of  overall  salmon production.    The  division  provides                                                               
information  to  Council  staff   for  presentations  on  halibut                                                               
harvest.   The US/Canada Yukon  Salmon panel has  written letters                                                               
and had  people give  testimony about  the salmon  by-catch issue                                                               
and will continue to do so.   The number of Yukon bound salmon is                                                               
unknown.   The Canadian  stocks were not  as productive  as usual                                                               
this  year  on  the  U.S.  side.   The  Yukon  stocks  met  their                                                               
escapement  but  the Canadian  stocks  did  not.   The  panel  is                                                               
interested in getting more genetic  stock identification to get a                                                               
better  estimate of  the Yukon  stock  taken as  by-catch and  in                                                               
developing alternatives to reduce the by-catch.                                                                                 
                                                                                                                                
9:26:52 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON asked  if the king salmon taken in  the by-catch are                                                               
retained  not for  sale but  for distribution  to food  banks and                                                               
whether any genetic stock analysis occurs on the by-catch.                                                                      
                                                                                                                                
MS. ANDREWS offered to provide  that information at a later date.                                                               
She said ADF&G  wants to involve the industry  in getting samples                                                               
but she  was unsure of  the amount  of observer coverage  at this                                                               
time.                                                                                                                           
                                                                                                                                
9:27:55 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON said  100  percent  of the  Bering  Sea boats  have                                                               
observers  but he  was wondering  if the  panel had  requested an                                                               
analysis of the by-catch.                                                                                                       
                                                                                                                                
MS. ANDREWS  said the  panel has  requested that  information for                                                               
Yukon stocks  but not just  for subsistence purposes.   She noted                                                               
the panel  has a  treaty obligation  to get  a certain  number of                                                               
fish across the border.                                                                                                         
                                                                                                                                
9:28:34 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS continued her presentation:                                                                                         
                                                                                                                                
     Just to  move onto  our program,  our office  and staff                                                                    
     locations -  as you  know, we're a  small organization.                                                                    
     We have 25  full-time staff and five  seasonal or part-                                                                    
     time.  We  have two regional research  programs; one is                                                                    
     north of  the Alaska  Range with  a regional  office in                                                                    
     Fairbanks and a field office  in Kotzebue and one south                                                                    
     of  the  Alaska  Range  with  the  regional  office  in                                                                    
     Anchorage and  field offices in Dillingham  and Juneau.                                                                    
     The  third  part  of our  program  is  the  information                                                                    
     management  program, which  is  the core  for the  data                                                                    
     compilation    analysis    and    disseminating    that                                                                    
     information to the public, as well as to others.                                                                           
                                                                                                                                
     Our  current  FY  08 actual  budget  is  $3.2  million;                                                                    
     nearly  50 percent  of  that is  general  funds and  50                                                                    
     percent from  other funding sources.   The general fund                                                                    
     provides  for program  management and  fixed costs  and                                                                    
     partially  for the  information  management  but, as  I                                                                    
     mentioned earlier,  no research.  So  the other funding                                                                    
     sources provide for the applied research that we do.                                                                       
                                                                                                                                
     Our targets and measures associated with our ....                                                                          
                                                                                                                                
9:29:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  interjected to question the  topics of the                                                               
non-fisheries research.                                                                                                         
                                                                                                                                
MS.  ANDREWS  said the  topics  include  migratory birds,  marine                                                               
mammals,  wildlife, resource  development projects,  such as  the                                                               
Pebble   Mine,  and   comprehensive  harvest   surveys  including                                                               
fisheries.                                                                                                                      
                                                                                                                                
9:31:07 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  if  the  division  uses  ADF&G's                                                               
public information officer.                                                                                                     
                                                                                                                                
MS.  ANDREWS  said  the  funding  she was  referring  to  is  all                                                               
research  related and  is used  to disseminate  technical reports                                                               
and  to post  information on  the  web.   The public  information                                                               
officer   provides  press   releases.     The   division  has   a                                                               
communications person who contributes to on-line newsletters.                                                                   
                                                                                                                                
9:32:52 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS returned to her presentation:                                                                                       
                                                                                                                                
     Our  targets and  measures are  associated, as  you can                                                                    
     see  on your  slide,  with conducting  the studies  and                                                                    
     gathering the information.  I  try to balance it across                                                                    
     all regions of the state.   We analyzed, as I mentioned                                                                    
     earlier,  the  regulatory  proposals to  the  Board  of                                                                    
     Fisheries  as well  as Game  and we  report on  that at                                                                    
     those  meetings.     We  report  and   disseminate  the                                                                    
     results.  We're involved  in the management planning of                                                                    
     the  different  divisions   and  then  the  information                                                                    
     management, which  is a database  I'll talk  about here                                                                    
     shortly.                                                                                                                   
                                                                                                                                
9:33:52 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked Ms. Andrews  to provide the committee  with a                                                               
copy of a survey and the data produced.                                                                                         
                                                                                                                                
MS. ANDREWS  said the surveys vary  but that she would  provide a                                                               
copy of  a current survey on  the expansion of the  Red Dog Mine.                                                               
The division coordinated with the  U.S. Department of Agriculture                                                               
on food related questions on that  survey.  She noted sometimes a                                                               
contractor requires a suite of  questions.  The division attempts                                                               
to design  its surveys  so that it  can track  consistencies over                                                               
time.                                                                                                                           
                                                                                                                                
9:35:27 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS  presented the final  slide, which bulleted  the FY09                                                               
budget request focal points and told members the following:                                                                     
                                                                                                                                
     Mr. Chairman, for the FY  09 budget request and some of                                                                    
     our  key  challenges,  looking   forward  we  have  two                                                                    
     increments you'll  see in the  governor's budget  and a                                                                    
     CIP  [capital improvement  project]  request to  insure                                                                    
     that  we  do  meet  our core  services  and  these  are                                                                    
     predominantly related to fisheries management.                                                                             
                                                                                                                                
     One is  to get our subsistence  salmon harvest database                                                                    
     accessible to  managers, researchers and the  public by                                                                    
     making  it web  accessible  and to  have it  integrated                                                                    
     into  the database  and format  used  by the  fisheries                                                                    
     managers  in the  Commercial  Fisheries  Division.   We                                                                    
     want to  also be able  to continue to divide  an annual                                                                    
     statewide report of the subsistence salmon harvest.                                                                        
                                                                                                                                
9:36:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON asked how that is currently handled.                                                                      
                                                                                                                                
MS.  ANDREWS said  the salmon  harvest information  is in  a data                                                               
base right  now but it  is not  web accessible so  providing that                                                               
information requires  that it  be manipulated.   When  it becomes                                                               
web  accessible  users can  quickly  sort  it  as desired.    The                                                               
Division   of  Commercial   Fisheries'   data   is  already   web                                                               
accessible.   The Department of Commerce,  Community and Economic                                                               
Development's  web  database  allows  a   user  to  get  data  by                                                               
community  very easily.    The salmon  harvest  database will  be                                                               
similarly designed.                                                                                                             
                                                                                                                                
9:38:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN asked if  the information will be entered                                                               
by the  users into the  database or whether ADF&G  employees will                                                               
do the data entry.                                                                                                              
                                                                                                                                
MS. ANDREWS  said making the  data web accessible is  the current                                                               
goal and that  the data will be entered by  ADF&G personnel.  She                                                               
said the division does not have  an "e-landing" system yet but is                                                               
interested in  working on that.   She said not all  villages have                                                               
Internet or electronic capabilities.                                                                                            
                                                                                                                                
9:39:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHANSEN   noted  that   Representative   Foster                                                               
discussed the  challenge of direct  data input from  the villages                                                               
but he  hoped Director Andrews  was able  to make the  process as                                                               
paperless as possible.                                                                                                          
                                                                                                                                
9:40:30 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS continued reading the bulleted slide, as follows:                                                                   
                                                                                                                                
     The second increment  is to be able  to annually assess                                                                    
     and   evaluate   the    fish   harvests   and   trends,                                                                    
     particularly  in  Bristol  Bay and  Southeast  and  the                                                                    
     Yukon  Kuskokwim  Delta  and   then  also  to  continue                                                                    
     ongoing  harvest monitoring  studies.    At this  point                                                                    
     we're not at a situation  where even though we have the                                                                    
     data  in different  databases to  be able  to have  our                                                                    
     research analysts,  for example, really go  through and                                                                    
     evaluate what  the trends  are and  to determine  as we                                                                    
     know -  I mean  there have been  changes in  some areas                                                                    
     and  there may  be opportunities  for other  fisheries,                                                                    
     for example, and  we just - until we  can actually have                                                                    
     some money to  analyze the data in that  way, we aren't                                                                    
     ready to identify those but  we think it's important to                                                                    
     be able to  do so.  We get questions  from the Board of                                                                    
     Fisheries,  for example,  that will  say  well, why  is                                                                    
     this going on in the  extreme upper Kuskokwim and these                                                                    
     changes going on and we  haven't really had a chance to                                                                    
     evaluate that  information.  We know  there [have] been                                                                    
     changes  and we  know  there have  been  in some  areas                                                                    
     declines that  aren't related to abundance.   There are                                                                    
     other things happening in some of these communities.                                                                       
                                                                                                                                
     The third is  a CIP request, which is  to integrate the                                                                    
     technical  and scientific  reporting  into the,  again,                                                                    
     the   Department's   on-line   accessible   publication                                                                    
     systems.                                                                                                                   
                                                                                                                                
9:42:01 AM                                                                                                                    
                                                                                                                                
MS. ANDREWS continued:                                                                                                          
                                                                                                                                
     The two  fisheries divisions have  already accomplished                                                                    
     this.   The Sport Fish  Division took the lead  on that                                                                    
     and got  it up and  going and Commercial  Fisheries has                                                                    
     been doing it the last couple  of years and I think all                                                                    
     of theirs  are now in  that system.  We've  been trying                                                                    
     to format all of our  reports accordingly to match that                                                                    
     and so  we have a  request to be  able to then  get the                                                                    
     information into the  same - exactly the  same and just                                                                    
     as accessible  so all of the  fisheries related reports                                                                    
     a person can get through a single portal.                                                                                  
                                                                                                                                
     And  then lastly  it's important  to  maintain our  own                                                                    
     capacities   in   terms    of   staffing,   information                                                                    
     management  and with  the  joint fisheries  management,                                                                    
     and I know that you  heard from the other directors and                                                                    
     I'm   sure  not   just   in   this  department,   about                                                                    
     recruitment and retention challenges.   I guess lastly,                                                                    
     as  I  said,  it's  essential for  us  for  information                                                                    
     management  because they  really  are the  ones -  it's                                                                    
     almost like the engine, I  mean they compile all of the                                                                    
     information.   They are the  ones that get it  back out                                                                    
     to the other folks but we  need to make sure that those                                                                    
     staff  are retained.   They  carry a  lot of  knowledge                                                                    
     with them and we need to maintain that capacity.                                                                           
                                                                                                                                
     I know you've been asking questions along the way, but                                                                     
        if there are any other questions, I'd be glad to                                                                        
     answer them.                                                                                                               
                                                                                                                                
9:43:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  how  much  of  an  increment  the                                                               
division  needs  and,  regarding hiring  and  retention,  whether                                                               
ADF&G requires  employees to  serve a certain  amount of  time in                                                               
the department before advancing.                                                                                                
                                                                                                                                
MS. ANDREWS said there is no  requirement.  It is the function of                                                               
the job classification to ensure  that the employee has performed                                                               
at that same level and has  relevant experience and that could be                                                               
in the private sector.                                                                                                          
                                                                                                                                
REPRESENTATIVE JOHNSON questioned  whether an education trade-off                                                               
is allowed.                                                                                                                     
                                                                                                                                
MS. ANDREWS  said that  depends on the  job classification.   She                                                               
explained that  while some job qualification  requirements accept                                                               
experience, others might  require a Bachelor's degree  and one or                                                               
two years  of experience  or a  Master's degree  and one  year of                                                               
experience.                                                                                                                     
                                                                                                                                
9:45:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON commented  that so  many departments  are                                                               
limiting their  recruiting abilities  [with that  system] because                                                               
Alaska is doing  some very unique things.  He  said he would like                                                               
to  see  the  experience  requirements eased  to  allow  educated                                                               
applicants to be hired.                                                                                                         
                                                                                                                                
MS. ANDREWS agreed  and said she has been working  with the human                                                               
resources staff  to revise the minimum  qualifications to broaden                                                               
the  base  of  interest  and   widen  the  scope  of  applicants.                                                               
Regarding   the   increments,    the   increment   for   database                                                               
accessibility is  $156,000.  The second  increment for evaluating                                                               
the harvest assessment  data is $142,800.   The capital increment                                                               
is about $140,000 for the technical publications.                                                                               
                                                                                                                                
9:48:56 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON   asked  about  Ms.  Andrew's   experience  finding                                                               
qualified personnel in the last year.                                                                                           
                                                                                                                                
MS. ANDREWS  said it appears that  many applicants self-eliminate                                                               
during  the   application  process  because  of   the  advertised                                                               
requirements  so  the  qualifications  are  being  re-written  to                                                               
minimize  that  situation.   It  is  common  to  get one  or  two                                                               
applications  for  a  position.   Also,  the  division's  minimum                                                               
qualifications  for  a  job  are often  broader  than  the  human                                                               
resources division's  interpretation.  For example,  if the human                                                               
resources staff  too narrowly defines  the term  "closely related                                                               
field," the division must go  through an appeal process, which is                                                               
time   consuming.     People  often   apply   for  several   jobs                                                               
simultaneously so  the top candidates  may have moved on  while a                                                               
description  is being  appealed.   In addition,  federal programs                                                               
offer considerably higher pay.                                                                                                  
                                                                                                                                
9:51:59 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked if working  with the unified  human resources                                                               
system  is less  efficient than  working with  a human  resources                                                               
unit within the department.                                                                                                     
                                                                                                                                
MS.  ANDREWS   said  the  human   resources  division   has  been                                                               
tremendously  helpful  and that  she  has  not had  any  problems                                                               
caused  by   restructuring  that   function,  but   the  problems                                                               
associated with  hiring difficulties need to  be identified, such                                                               
as the job classifications.                                                                                                     
                                                                                                                                
9:53:23 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  about the  cost savings  to the  division of                                                               
having a unified human resources section.                                                                                       
                                                                                                                                
MS. ANDREWS  said she  is not  in a position  to respond  to that                                                               
question because she was not  involved with the hiring process in                                                               
the same detail in her prior position.                                                                                          
                                                                                                                                
9:54:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EDGMON  recalled   discussing  at   last  year's                                                               
overview that  the Subsistence Division's name  may not represent                                                               
its purpose because its role  is support services, analysis, data                                                               
collection,  and doing  surveys.   He asked  whether any  further                                                               
discussion about renaming the division has occurred.                                                                            
                                                                                                                                
MS. ANDREWS  said she  discussed that  with management  and other                                                               
staff.   They  said the  existing name  reflects what  is in  the                                                               
statute but  the division's focus  is on research.   She believes                                                               
the Division of  Subsistence Research would be better.   She said                                                               
the  name  could be  changed  administratively.   If  the  desire                                                               
exists, the division would be agreeable to doing so.                                                                            
                                                                                                                                
9:56:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  said he wasn't expressing  that desire, he                                                               
was inquiring as  to whether the division feels a  name change is                                                               
necessary.                                                                                                                      
                                                                                                                                
MS.  ANDREWS said  the statute  requires the  establishment of  a                                                               
division  of  subsistence  hunting  and fishing,  which  is  less                                                               
useful.                                                                                                                         
                                                                                                                                
CHAIR  SEATON suggested  coordinating a  name change  when hiring                                                               
letterhead stationary.                                                                                                          
                                                                                                                                
9:57:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN   asked  about  the  level   of  genetic                                                               
identification  used.     He  said  the   discussion  of  genetic                                                               
identification   makes   him   uneasy  because   discrete   stock                                                               
management could become an issue.                                                                                               
                                                                                                                                
MS. ANDREWS said  the agreement with Canada requires  the U.S. to                                                               
get a  certain number of fish  across the border.   When fish are                                                               
sampled  at the  mouth of  a river,  the Canadian  stocks can  be                                                               
identified.                                                                                                                     
                                                                                                                                
9:59:20 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  recalled  legislation  from  the  1990s                                                               
about discrete stock management  that became quite controversial.                                                               
He  then asked  when, how,  and why  the Division  of Subsistence                                                               
decides to challenge a federal decision.                                                                                        
                                                                                                                                
MS.  ANDREWS  said ADF&G's  liaison  team  evaluates the  federal                                                               
decisions  with the  commissioner and  determines which  ones the                                                               
state will challenge.                                                                                                           
                                                                                                                                
10:00:24 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  asked Ms. Andrews  if she has a  seat at                                                               
that table and provides input about subsistence uses.                                                                           
                                                                                                                                
MS. ANDREWS said  she does and that ADF&G  challenged the federal                                                               
decision making process on its rural/non-rural review last July.                                                                
                                                                                                                                
10:01:27 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  asked if ADF&G has  challenged the whole                                                               
process,  as well  as individual  decisions and  whether Saxman's                                                               
designation was reviewed and not challenged.                                                                                    
                                                                                                                                
MS. ANDREWS said the Saxman designation was not reviewed.                                                                       
                                                                                                                                
10:01:59 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN asked if  the Saxman designation was left                                                               
standing without any push back from the state.                                                                                  
                                                                                                                                
MS. ANDREWS said that is correct.   She continued, "It is part of                                                               
the general  package of  challenging the  process that  they went                                                               
through  on  that   and  we  could  have  that   brought  to  the                                                               
commissioner's   attention  for   further  examination   or  some                                                               
examination of Saxman specifically if you'd like."                                                                              
                                                                                                                                
10:02:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  said he thought  he was clear  about his                                                               
desire to do that last year.                                                                                                    
                                                                                                                                
10:02:43 AM                                                                                                                   
                                                                                                                                
CHAIR  SEATON asked  if  an individual  legislator  would make  a                                                               
direct request to the commissioner to challenge such a decision.                                                                
                                                                                                                                
MS.  ANDREWS said  the request  should  be made  directly to  the                                                               
commissioner.                                                                                                                   
                                                                                                                                
10:03:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN commented it  is ADF&G's charge to review                                                               
all federal decisions that impact Alaskans.                                                                                     
                                                                                                                                
10:04:08 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON agreed  and added he was asking  about the protocol.                                                               
He said he thought a new  commission was established last year to                                                               
review and  challenge the  impacts of  the federal  fisheries and                                                               
wildlife management agencies.                                                                                                   
                                                                                                                                
MS. ANDREWS noted she did  pass Representative Johansen's request                                                               
last year  on to the  special assistant on  federal/state issues.                                                               
She said she will bring it to  the attention of the new person in                                                               
charge.                                                                                                                         
                                                                                                                                
10:05:56 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE JOHANSEN  said his request obviously  fell through                                                               
the cracks but he would like an answer.                                                                                         
                                                                                                                                
CHAIR SEATON thanked  Ms. Andrews for her  presentation and asked                                                               
her  to  contact the  committee  through  the liaison  about  any                                                               
information she believes it should be kept abreast of.                                                                          
                                                                                                                                
10:06:41 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON commented that today is  Martin Luther King Day.  He                                                               
noted that Alaska's population is  diverse, which he appreciates,                                                               
as well as the division's role in acknowledging that diversity.                                                                 
                                                                                                                                
10:07:38 AM                                                                                                                   
                                                                                                                              
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries meeting  was adjourned  at 10:07                                                               
a.m.                                                                                                                            

Document Name Date/Time Subjects