Legislature(2009 - 2010)BARNES 124
04/09/2009 10:15 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| HB207 | |
| Confirmation(s) | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 207 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
April 9, 2009
10:19 a.m.
MEMBERS PRESENT
Representative Bryce Edgmon, Chair
Representative Craig Johnson
Representative Wes Keller
Representative Cathy Engstrom Munoz
Representative Robert L. "Bob" Buch
Representative Scott Kawasaki
MEMBERS ABSENT
Representative Charisse Millett
COMMITTEE CALENDAR
HOUSE BILL NO. 207
"An Act increasing the allowances for injury, disability, or
heart attack payable from the fisherman's fund; and providing
for an effective date."
- MOVED HB 207 OUT OF COMMITTEE
Confirmation(s)
Board of Fisheries
Brent G. Johnson - Clam Gulch
- CONFIRMATION(S) ADVANCED
PREVIOUS COMMITTEE ACTION
BILL: HB 207
SHORT TITLE: MAXIMUM BENEFIT FROM FISHERMEN'S FUND
SPONSOR(s): REPRESENTATIVE(s) HARRIS
03/27/09 (H) READ THE FIRST TIME - REFERRALS
03/27/09 (H) FSH, L&C, FIN
04/09/09 (H) FSH AT 10:15 AM BARNES 124
WITNESS REGISTER
JOHN BITNEY, Staff
Representative John Harris
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 207 on behalf of
Representative Harris, the prime sponsor.
PAULA SCAVERA, Special Assistant
Office of the Commissioner
Department of Labor & Workforce Development (DLWD)
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 207.
TRENA HEIKES, Director
Division of Workers' Compensation
Department of Labor & Workforce Development (DLWD)
Juneau, Alaska
POSITION STATEMENT: Reported that DLWD had a neutral position
on HB 207, and responded to questions.
PAUL SHADURA, Executive Director
Kenai Peninsula Fishermen's Association
Soldotna, Alaska
POSITION STATEMENT: Spoke in support for HB 207. Testified in
support to the appointment of Brent Johnson to the Board of
Fisheries.
DAVE COBB, Business Manager
Valdez Fisheries Development Association
Valdez, Alaska
POSITION STATEMENT: Spoke in support for HB 207.
GERALD McCUNE, Lobbyist
United Fishermen of Alaska (UFA)
Cordova, Alaska
POSITION STATEMENT: Spoke in support for HB 207. Testified in
support for the appointment of Brent Johnson to the Board of
Fisheries.
BRENT JOHNSON, Appointee
Board of Fisheries
Clam Gulch, Alaska
POSITION STATEMENT: Testified as an appointee to the Board of
Fisheries.
MEL MORRIS
Kodiak, Alaska
POSITION STATEMENT: Testified in support for the appointment of
Brent Johnson to the Board of Fisheries.
AARON BLOOMQUIST, Chairman
Anchorage Fish and Game Advisory Committee
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
ROBERT HEYANO, Fisherman
Dillingham, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
JOHN BLAIR, Executive Director
Southeast Alaska Guides Organization (SEAGO)
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
BOB PENNEY
Cook Inlet Sportfishing Caucus
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
CHRISTOPHER HASHIGUCHI
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
ALLEN BARRETTE
Fairbanks Fish and Game Advisory Committee
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
MIKE KRAMER, Chair
Fairbanks Fish and Game Advisory Committee
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
REED MORISKY
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
STEVE RUNYAN
Willow, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
TERRENCE SHANIGAN, Bristol Bay Fisherman
Willow, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
DAVID MARTIN, Chairman
Central Peninsula Advisory Committee
Clam Gulch, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
STEVE VANEK
Ninilchik, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
MONTE ROBERTS, President
Kenai River Professional Guide Association (KRPGA)
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
DWIGHT KRAMER, Chairman
Kenai Area Fisherman's Coalition (KAFC)
Kenai, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
GARY HOLLIER
Soldotna, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
JEFF BEAUDOIN
Kasilof, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
RICKY GEASE, Executive Director
Kenai River Sportfishing Association
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
RON RAINEY
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
RICHARD ERKENEFF, Lodge Owner
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries
JOSEPH CONNORS
Sterling, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
DAVID GOGGIA, Guide
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
RODNEY BERG
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
RICHARD THOMPSON
Soldotna, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
STEVE TVENSTRUP, Fisherman
Kenai, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
GARRY KERNAN
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
CHRIS GARCIA
Kenai, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
CHRISTINE BRANDT
Soldotna, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
DREW SPARLIN, President
United Cook Inlet Drift Association
Kenai, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
TYLAND VANLIER
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
MURRAY FENTON
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to the appointment
of Brent Johnson to the Board of Fisheries.
ROBERT THORSTENSON, Executive Director
Southeast Alaska Seiners Association (SEAS)
Juneau, Alaska
POSITION STATEMENT: Testified in support to the appointment of
Brent Johnson to the Board of Fisheries.
ACTION NARRATIVE
10:19:24 AM
CHAIR BRYCE EDGMON called the House Special Committee on
Fisheries meeting to order at 10:19 a.m. Representatives
Edgmon, Buch, Johnson, Kawasaki, and Keller were present at the
call to order. Representative Munoz arrived as the meeting was
in progress.
10:19:44 AM
HB 207-MAXIMUM BENEFIT FROM FISHERMEN'S FUND
CHAIR EDGMON announced that the first order of business would be
HOUSE BILL NO. 207, "An Act increasing the allowances for
injury, disability, or heart attack payable from the fisherman's
fund; and providing for an effective date."
10:21:00 AM
JOHN BITNEY, Staff to Representative John Harris, Alaska State
Legislature, introduced HB 207, paraphrasing from the sponsor
statement, which read as follows [original punctuation
provided]:
The Alaska Fisherman's Fund was established [in] 1951
to provide for the treatment and care of Alaska
licensed commercial fishermen and crew who have been
injured while fishing on shore or off shore in Alaska.
The upper limit on claims in the fund has been $2,500
since 1959. If $2,500 in 1959 dollars was adjusted
for the Consumer Price Index, it would be worth
approximately $18,229.64 today. While the limitation
in state law has remained unchanged, health care costs
have steadily risen.
Access to health insurance and health care is a
concern among fishermen and especially presents an
obstacle to younger fishermen who are seeking to
continue as the next generation in Alaska's
sustainable fisheries.
HB 207 updates the Alaska Fishermen's Fund limit to
$10,000. This is intended to help ensure that
Alaska's fishermen have better access to health care
when injured while fishing. Updating the claim limit
to $10,000 will bring this very worthwhile program
back to providing a meaningful level of assistance as
the payer of last resort for commercial fishermen and
crew that sustain injuries or illness while fishing.
The fund is financed from revenue received from each
resident and nonresident commercial fisherman's
license and permit fee. Commercial fishermen and crew
members pay 39% - or up to $50 each - of their annual
license fees into this account. In 2008, there were
13,706 commercial fishing permit holders who
contributed to the fund.
The account has grown to $11.5 million even as health
care costs have risen, due in part to continuing
improvements in fish industry safety.
This increase is not projected to jeopardize the
sustainability of the fund.
MR. BITNEY relayed that the intent was to maintain the
Fishermen's Fund, and he noted that claims can be adjusted
accordingly if the number or price of claims increased. He
emphasized that the intent was not to increase the fishermen's
taxes. He explained that currently there are provisions for
fishermen with extraordinary circumstances to request assistance
for claims above the $2,500 limit.
10:23:41 AM
REPRESENTATIVE KAWASAKI asked if there was going to be testimony
about administration of the Fishermen's Fund's.
10:24:16 AM
MR. BITNEY, in response to Representative Buch, stated that
Kevin Adams, a commercial fisherman from Bristol Bay, furnished
the idea for HB 207, and that there was also a companion bill in
the Senate.
10:24:54 AM
PAULA SCAVERA, Special Assistant, Office of the Commissioner,
Department of Labor & Workforce Development (DLWD), deferred the
testimony to Trena Heikes.
10:25:31 AM
TRENA HEIKES, Director, Division of Workers' Compensation,
Department of Labor & Workforce Development (DLWD), stated that
DLWD was neutral on this bill, and that the $2500 limit on
claims which had been in place since 1951 was equal to $27,000
in 2009 dollars. She relayed that the Fishermen's Fund balance
was $11.4 million, and that the projected increased annual cost
to the fund with a $10,000 limit would be $65,000.
10:26:38 AM
REPRESENTATIVE KAWASAKI asked if the Fishermen's Fund was
administered through the Division of Workers' Compensation, and
how it differed from a general workers compensation payment.
MS. HEIKES replied that the Alaska Workers' Compensation Act did
not cover commercial fishermen, so this fund was established by
the state. She pointed out that the Fishermen's Fund was
financed from a percentage of the Commercial Fishing Crewmember
licenses, and was administered by a Division of Workers'
Compensation program manager. She reported that the Fishermen's
Fund council, appointed by the governor, considered any claimant
petitions over $2,500.00.
MS. HEIKES, in response to Representative Kawasaki, said that
the fund only paid for medical benefits.
10:28:21 AM
REPRESENTATIVE KAWASAKI asked about the differences between the
fund and workers' compensation.
MS. HEIKES explained that worker's compensation benefits were
usually paid by an insurance company, as every state employer
must either be self-insured or carry workers compensation
insurance, which included disability, medical, impairment,
death, and vocational benefits. She reminded the committee that
commercial fishermen were not eligible for workers' compensation
benefits, and that the Fishermen's Fund only provided medical
benefits.
10:29:52 AM
REPRESENTATIVE KAWASAKI asked if the $11.4 million in the
Fishermen's Fund was invested.
MS. HEIKES replied that it was invested only to the same extent
of any other state fund, as a sub account of the general fund,
but that the interest was paid into the general fund.
REPRESENTATIVE KAWASAKI asked about any impact to the
Fishermen's Fund from an increase in the claim limit. He
inquired about an increase in the fishermen contributions.
MS. HEIKES replied that she was unaware of any legislation to
increase a percentage of the licensing revenue paid into the
Fishermen's Fund. She estimated an annual expense increase of
$65,000. She detailed that the Fishermen's Fund received
between $800,000 and $1 million annually, but that the prior
four years had seen a slight deficit spending. She opined that
there was still ample funding to provide for the claim limit
increase. She shared that the Fishermen's Fund council had a
concern, but that DLWD did not foresee any problem given the
current status.
10:32:43 AM
REPRESENTATIVE BUCH asked what the largest benefit payment was
from the Fishermen's Fund.
MS. HEIKES replied that two of the highest payments were $85,000
for the loss of an arm, and $162,000 for pneumonia which then
resulted in congestive heart failure.
10:34:33 AM
REPRESENTATIVE KAWASAKI inquired whether every commercial
fisherman paid into the Fishermen's Fund.
MS. HEIKES related that 39 percent of the Commercial Fishing
Crewmember License fee was directed into the Fishermen's Fund.
She clarified that any other insurance was used first, and the
Fishermen's Fund was a fund of last resort.
10:35:14 AM
REPRESENTATIVE KAWASAKI asked to clarify that the Fishermen's
Fund would pay the benefit should a commercial fisherman lose a
finger while working on a boat.
MS. HEIKES agreed, and reiterated that there was not any
workers' compensation coverage if the injury was directly
related to commercial fishing.
10:35:46 AM
CHAIR EDGMON opened public testimony.
10:36:06 AM
PAUL SHADURA, Executive Director, Kenai Peninsula Fishermen's
Association, testified that HB 207 offered additional coverage
to the permit holders.
10:37:13 AM
DAVE COBB, Business Manager, Valdez Fisheries Development
Association, testified that the association supported HB 207 and
shared that the Fishermen's Fund was self sustaining. He
reported that the benefit payment had not been increased since
1959, although medical costs had increased.
10:38:41 AM
GERALD McCUNE, Lobbyist, United Fishermen of Alaska (UFA),
described the Fishermen's Fund and the fees that are contributed
to the fund. He reiterated that this fund was a secondary
insurance, but that the $2500 limit was too low. He opined that
HB 207 with a $10,000 limit was "a good little compromise."
10:40:34 AM
REPRESENTATIVE KAWASAKI offered his concern that contribution
caps, rising numbers of uninsured fishermen, and an increased
payout limit could lead to insolvency of the fund. He asked Mr.
McCune if the commercial fishermen would support increased
contributions to the fund.
MR. McCUNE, in response to Representative Kawasaki, relayed that
the Fishermen's Fund council also had concerns, which included
the initial impact on the fund by this increase. He relayed
that he spoke with the Commercial Fisheries Entry Commission
(CFEC), as it also paid contributions into the Fishermen's Fund
from the permit holders, and he asked for an analysis of the
increased claim limit and of an increase in the fee
contributions by fishermen to the fund.
10:42:54 AM
REPRESENTATIVE KAWASAKI stated that an Emergency Room (ER) visit
would generally exceed $2,500.
CHAIR EDGMON pointed out that HB 207 stated up to $10,000, not a
mandatory $10,000, and he predicted that the fund would be
managed in a fiduciary way.
MR. McCUNE mentioned that expenses in excess of $10,000 would
require an appeal to the council. He reiterated that the
Fishermen's Fund council would review the increased claim costs
after one year, should HB 207 pass.
10:44:29 AM
CHAIR EDGMON closed public testimony.
10:45:05 AM
REPRESENTATIVE BUCH asked Ms. Heikes for more information
regarding the two highest claims which she had mentioned
previously. He expressed his interest in the process, not the
medical history.
MS. HEIKES explained that filing a claim was an informal process
which requested compelling reasons for payment above the $2,500.
She summarized that the Fishermen's Fund council would meet,
review the claim with its medical bills and reports, and make a
determination.
10:47:01 AM
REPRESENTATIVE BUCH asked if all the payouts were determined in
this way.
MS. HEIKES affirmed that payments were based on receipt of the
medical expenses, analysis of the medical diagnosis, and
assessment of the statute.
CHAIR EDGMON noted that Representative Munoz had arrived.
10:47:28 AM
REPRESENTATIVE BUCH asked for the time frame from application to
payout.
MS. HEIKES replied that for the above mentioned two incidences
the payouts were approved within six months of the occurrence.
10:48:03 AM
CHAIR EDGMON reminded that HB 207 still had two other committees
to pass through, and that there was a Senate companion bill.
10:48:35 AM
REPRESENTATIVE KAWASAKI asked how many people requested the
$2500 claim limit.
MS. HEIKES replied that almost every claim was in excess of the
$2,500 claim limit. She reiterated that an analysis of claims
between $2500 and $10,000 during the last two years reflected an
annual cost increase of $65,000 to the fund.
10:49:52 AM
REPRESENTATIVE KELLER moved to report HB 207 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 207 was reported from the
House Special Committee on Fisheries.
10:50:15 AM
The committee took an at-ease from 10:50 a.m. to 10:52 a.m.
^CONFIRMATION(S)
Board of Fisheries
10:52:38 AM
CHAIR EDGMON announced that the final order of business would be
the consideration of the appointment of Brent G. Johnson to the
Board of Fisheries.
10:53:07 AM
BRENT JOHNSON, Appointee, Board of Fisheries, discussed his
background as a life-long Alaskan, growing up in a family who
lived sustainably. He shared that he grew up as a setnetter,
and that he married a setnetter. He detailed his involvement
with committees and fishing groups, and his subsequent election
as president of Kenai Peninsula Fishermen's Association, the
largest setnet group in Cook Inlet. He listed a number of
advisory committees that he had served on, which included Cook
Inlet Aquaculture Association, the Fish and Game Advisory
Committee, Cook Inlet Salmon Branding, Kenai River Guides, and
Kenai Peninsula Borough Planning Commission.
10:57:43 AM
REPRESENTATIVE MUNOZ asked Mr. Johnson for his opinion that this
appointment would result in Cook Inlet having four members on
the Board of Fisheries, and if he would offer a more statewide
perspective.
MR. JOHNSON confirmed that he would bring a statewide
perspective. Responding to the question of Cook Inlet
representation, he pointed out that one member was from Kodiak,
and two members were sport fishermen, but that there had not
been a commercial fisherman representative from Cook Inlet for
more than 30 years.
10:58:55 AM
CHAIR EDGMON asked that Mr. Johnson share his position regarding
the Board of Fisheries meeting cycles and the process for
subjects to be brought before the board.
MR. JOHNSON replied that he supported the Board of Fisheries
traveling to the areas that may be impacted by major decisions.
11:00:03 AM
CHAIR EDGMON opened public testimony.
11:00:30 AM
MEL MORRIS cited that Mr. Johnson's active community role and
experience on advisory committees had gained him an
understanding of economics and local knowledge that would serve
him well as a board member. Mr. Morris, a member of the Board
of Fisheries, spoke for himself, but noted that he looked
forward to working with Mr. Johnson.
11:03:26 AM
REPRESENTATIVE JOHNSON asked Mr. Morris if he was conflicted out
of any of the Cook Inlet decisions.
MR. MORRIS replied that, at the last board meeting, he was only
conflicted out of the one proposal regarding the closure of all
commercial fishing in Cook Inlet.
11:04:09 AM
AARON BLOOMQUIST, Chairman, Anchorage Fish and Game Advisory
Committee, relayed that the Anchorage Fish and Game Advisory
Committee was "adamantly opposed at this time to Mr. Brent
Johnson's nomination." He opined that Mr. Johnson would not
well serve the majority of Anchorage recreational, personal, and
subsistence users. He suggested the need for more
representation from Interior Alaska.
11:05:38 AM
ROBERT HEYANO, Fisherman, endorsed the appointee and cited the
experience, understanding, and service that he would bring to
the board. He noted Mr. Johnson's ability to listen and work
with others toward solutions. He said that he had had the
opportunity to work with Mr. Johnson on issues. He opined that
any concerns would be assuaged by the conflict of interest
rules.
11:08:18 AM
JOHN BLAIR, Executive Director, Southeast Alaska Guides
Organization (SEAGO), declared his opposition to the appointment
as it raised the important concern that neither Native Alaskans
nor Interior Alaskans would have representation. He noted that
the Board of Fisheries lacked broad representation from diverse
areas and user groups.
11:10:25 AM
BOB PENNEY, Cook Inlet Sportfishing Caucus, announced his
support for commercial fishing, but emphasized that Cook Inlet
was the largest salmon sport fishery in the United States. He
pointed out that Mr. Johnson was against the Kenai dipnet
fishery. He observed that this sport fishery produced a much
greater economic value than the commercial fishery. He offered
his opinion that the current Board of Fisheries was balanced,
but that Mr. Johnson's appointment would bias commercial
fishing.
11:14:39 AM
CHRISTOPHER HASHIGUCHI expressed adamant opposition to Brent
Johnson, as his appointment to the Board of Fisheries would not
result in a balanced representation for the entire state.
11:16:01 AM
ALLEN BARRETTE, Fairbanks Fish and Game Advisory Committee,
reported unanimous opposition from the committee to this
appointment. He pointed out that this confirmation lacked the
experience, diversity, and knowledge to serve the fisheries
located in Interior Alaska.
11:17:37 AM
MIKE KRAMER, Chair, Fairbanks Fish and Game Fish Subcommittee
Advisory Committee, Fairbanks Fish and Game Advisory Committee,
disclosed unanimous opposition to the appointment as it failed
to provide any Interior or subsistence representation. He
requested that Mr. Johnson be questioned about his prior
statements regarding the Board of Fisheries. He indicated that
Mr. Johnson said: "The State Board of Fish is going to hold a
public meeting, put on a kangaroo court, and enact regulations
that would likely make commercial fishing in Cook Inlet a
memory." He stated that Mr. Johnson was the former president of
an organization that brought a federal lawsuit asking for
federal intervention in management of in-river fisheries in Cook
Inlet, as well as abolishment of all personal use fisheries. He
cited that this confirmation would produce a lack of balance and
fairness to Interior Alaska.
11:21:00 AM
REED MORISKY stated opposition to this appointment as it would
leave a void in representation from the Interior and the Native
community.
11:22:14 AM
STEVE RUNYAN indicated that he was speaking for himself, but
confirmed that he was the Chair of the Susitna Valley Fish and
Game Advisory Committee. He pointed out the need of
representation for the Susitna Valley, and he noted that Mr.
Johnson would be conflicted out of many key decisions for Cook
Inlet. He explained that several sport fisheries in the Susitna
Valley were near extinction, which would result in a large
economic impact to the region.
11:24:16 AM
CHAIR EDGMON passed the gavel to Representative Keller.
11:25:51 AM
TERRENCE SHANIGAN, Bristol Bay Fisherman, voiced strong
opposition to the appointment as there would not be any Interior
or Yukon representation. He expressed concern that a board
member could influence issues, even while required to conflict
out. He opined that regulations more often affected sport and
subsistence users, and that these groups needed active
representation.
11:28:39 AM
DAVID MARTIN, Chairman, Central Peninsula Advisory Committee,
offered support for the appointment citing the qualifications of
Mr. Johnson. He opined that it was necessary to have qualified
board members who would use the best available science and
biology for the management of Alaska's fisheries. He expressed
his belief that this hearing was dominated by the lobbying
effort of the commercial [sportfishing] guides.
11:30:50 AM
STEVE VANEK opined that the board was not controlled by
commercial fishermen, calling this "a big lie."
11:33:25 AM
MONTE ROBERTS, President, Kenai River Professional Guide
Association (KRPGA), pointed out that the current regional
representation of the Board was predominantly from Southcentral
and Southeast Alaska. He expressed the need for representation
from the Interior, Native Alaskans, personal use and subsistence
users, and guided sport anglers.
11:35:05 AM
DWIGHT KRAMER, Chairman, Kenai Area Fisherman's Coalition
(KAFC), reported that the KAFC board included ten retired
fisheries biologists, and that many of them had worked with Mr.
Johnson on a variety of boards and committees. He opined that
Mr. Johnson had always been fair and evaluated issues based on
the best available science. He shared that KAFC supported
habitat protection over user group needs, fair and balanced
allocation between user groups, and a process that reflected
good science and decision making. He extolled Mr. Johnson's
experience and honesty.
11:37:07 AM
GARY HOLLIER expressed support for the nominee, paraphrasing
from a prepared statement, which read as follows [original
punctuation provided]:
I am writing to recommend you to vote to confirm Brent
Johnson to the State of Alaska Board of Fish. Mr.
Johnson is well respected [in] our community and is
very knowledgeable in all aspects of fishery
management and process. He is very articulate, witty,
and most of all very honest. His high level of
integrity and morals would be a benefit to the BOF.
There is strong opposition coming from the
"professional" sport industry. Kenai River Sportsman
Association (KRSA), and the Kenai River Professional
Guides Association (KRPGA) have mounted a tremendous
campaign in opposition to Mr. Johnson's confirmation.
In the 25+ years that I have been involved with the
BOF on Cook Inlet issues, I have never witness[ed]
such an assault. They claim that by putting Mr.
Johnson on the BOF the balance of power would be
shifted to the "commercial" side. These two groups
fail to mention in past years, that on a seven member
STATEWIDE BOF there have been times when four Cook
Inlet Sport Fish representatives were on the BOF at
the same time. On one BOF there was Ed Dersham,
(commercial halibut charter guide from Anchor Pt.),
Andy Szczesny, (Kenai River Guide from Soldotna), Dan
Coffey (author of fish initiative which was found
unconstitutional by the Supreme Court), and Larry
Engel, (strong sport fish advocate from the Valley).
These "sport fish" organizations did not have a
problem with the makeup of that BOF. You talk about a
stacked deck.
The Chairman at the 2008 BOF stated that regulations
enacted by past BOF's, caused five years of over
escapement to the Kenai River which resulted in a loss
of 40 to 60 million dollars to the industry.
The people and groups that are so opposed to Mr.
Johnson's confirmation, do have something to worry
about. They are fighting such a battle to keep Mr.
Johnson off the BOF because they have seen him
participate at the BOF for years. They know that he
is very qualified to review the data and formulate
regulations based on the best available science. He
can not and will not be persuaded to do anything that
is not based on sound science.
The State of Alaska needs people like Mr. Johnson on
the BOF who have strong ethics, who cannot be
persuaded to go against sound science for the benefit
of special interest groups. Please confirm Mr. Brent
Johnson.
11:39:59 AM
JEFF BEAUDOIN confirmed support for the appointment,
paraphrasing from a prepared statement, which read as follows
[original punctuation provided]:
First of all, I want to express my sincere
appreciation for Governor Palin's appointment of Mr.
Brent Johnson to the Alaska Board of Fisheries.
I have known Mr. Johnson for over twenty years and
personally witnessed the dedication, knowledge, and
fair-minded approach within Brent's character -
positive attributes required for fair, complete, and
reasoned decision making by the Board of Fisheries.
Mr. Johnson understands fishery resource management,
numerous commercial and sport fisheries and the
important function of the Board of Fisheries. Mr.
Johnson has extensive experience with the Board of
Fisheries public process as: past chairman of the
Kenai-Soldotna Fish and Game Advisory, past president
of Kenai Peninsula Fishermen's Association, and
president of Cook Inlet Aquaculture Association.
Mr. Johnson has dedicated thousands of hours of time
and expertise to numerous non-profit associations and
boards for decades. I look forward to the
legislature's confirmation on the appointment of Mr.
Brent Johnson.
11:44:23 AM
RICKY GEASE, Executive Director, Kenai River Sportfishing
Association, presented two points of opposition to the
appointment: Interior Alaska would not be served, and past
experience indicated that Mr. Johnson put commercial use ahead
of other interest groups. He expressed concern with Mr.
Johnson's support of the federal lawsuits that would allow "non-
resident commercial fishermen on equal footing with resident
only fisheries."
11:47:29 AM
RON RAINEY conveyed his opposition to the appointment. He
expressed his concern with the lack of representation from the
Interior and the potential for conflicting out of many
commercial fishery decisions.
11:48:55 AM
RICHARD ERKENEFF, Lodge Owner, emphasized that sustainable
fisheries must be provided for all user groups. He pointed out
that the Board of Fisheries was a seven seat board that must be
balanced to provide "a fair shake" for all the user groups, and
that this nomination would overweigh the board with commercial
fishermen interests.
11:50:59 AM
JOSEPH CONNORS pointed out that during past board meetings, Mr.
Johnson had advocated for commercial fishermen. He expressed
concern for too much representation by Cook Inlet and commercial
fisheries, and not enough representation by licensed guides.
11:52:50 AM
DAVID GOGGIA, Guide, emphasized the importance of Interior
representation and a balanced representation for all user
groups.
11:53:48 AM
RODNEY BERG offered his strong opposition to the appointment.
He expressed his belief of a lack of vetting for the nominee.
He opined that Mr. Johnson had a "huge disdain for all user
groups besides his own."
11:55:12 AM
RICHARD THOMPSON read a prepared statement:
I think Brent Johnson would be a great member to the
Board of Fisheries. He is an active member of many
organizations, including Cook Inlet Aquaculture, Fish
and Game Advisory Committee, and the Kasilof
Historical Association. To a lesser extent, he has
served with the local setnet group, KPFA (Kenai
Peninsula Fishermen's Association), and Cook Inlet
Salmon brand. Brent is very knowledgeable in local
fishery management and issues that relate to Cook
Inlet. Some things he is saying are things that
people do not want to hear, but his statements are
always based in fact. Brent Johnson is the voice Cook
Inlet needs and true representation of all the user
groups.
11:55:55 AM
STEVE TVENSTRUP, Commercial Fisherman, declared that Mr. Johnson
would perform the duties "to the best of his ability." He
pointed out that when he spoke at meetings all seven members of
the Board of Fisheries listened to his proposals and positions.
He supported that Mr. Johnson would also well represent all the
regions.
11:57:28 AM
PAUL SHADURA, Executive Director, Kenai Peninsula Fishermen's
Association, read from a prepared statement [original
punctuation provided]:
My name is Paul Shadura, I am the Executive Director
of the Kenai Peninsula Fishermen's Association.
This is the Kenai Peninsula Fishermen's Associations
(KPFA) 55th year representing the setnet fishery
within the waters of Cook Inlet. Many changes have
taken place over these years but there is one constant
that is always clear: if you have healthy returns that
are managed for "Maximum Sustained Yield" then there
will always be a "harvestable surplus."
KPFA's mission: "Ensuring the Sustainability of Our
Fishery Resources" is paramount to remaining a viable
setnet fishery and to allow a "reasonable opportunity"
of the harvest by all user groups. We do not support
the exclusion of any one resource user but strive for
a consensus regarding objectives. Promoting an
exchange of information and understanding among
stakeholders.
KPFA is insistent that the principles of high
sustained yield with strong guidelines to maintain
environmental standards should be the first rule in CI
[Cook Inlet] fisheries management. Managers of both
sport and commercial division should formulate
different strategies that complement each other not
conflict. Departments should actively seek guidance
from stakeholders on how best to participate in the
fishery resources. They should engage the users to be
realistic in their approach to maintain the goals.
The public should support reasonable achievable
expectations within a fully utilized resource.
It is in the best interest of the state and for
resource stability to have open discussions with
stakeholders, department personnel and BOF members.
Restrictions on the open meeting process from past
boards should not and cannot be tolerated. Back room
bargaining, interest group coercion of department
personnel, closed meetings with board members and the
public, ADF&G staff that are instructed to work on
proposals for individual board members with secrecy
and that are aligned with a single interest group, or
individual staff that are advocating for their own
interest or a division's goal is not the way to
accomplish a fair promulgation of the laws of the
state and of the country. Certainly not an open
process that basis decisions on principles of equality
and mutual respect.
Please review this as a guide to assist your
understanding of set net fishers in Cook Inlet. We
are a diverse group and strive to arrive at a
consensus for most of these proposed regulatory
changes. KPFA policy is not to comment on allocative
changes that are directed at other set net fishermen
within our group. Fishermen are allowed to speak on
their own behalf and I am sure you will find that they
have no hesitance in doing just that. Note that KPFA
refrains from commenting or even submitting negative
proposals on other user groups. After this meeting
process is done we must all return home and once again
live with one another as Alaskan's.
These statements are excerpts from the 2008 Upper Cook
Inlet Board of Fish regulatory meeting and as such are
on record. As a member of our organization Brent
Johnson has always held the public process in high
regards. Brent Johnson respects the rights of an
individual, please respect his right to be an
individual.
KPFA urges you to support the confirmation of Brent G.
Johnson on the Alaska Board of Fisheries.
He emphasized that KPFA was "not a direct party to any suit
which challenges personal use fisheries. That is a
misconception and I'm sorry to hear that so much, but it is a
total misconception of the truth."
12:00:59 PM
GARRY KERNAN stated that he had been a commercial fisherman and,
for the last 15 years, he was a fishing guide. He confirmed his
opposition to the appointment citing the need of fair
representation for all the fisheries.
12:02:06 PM
CHRIS GARCIA offered his belief that Mr. Johnson's main reason
for nomination to the BOF was for a "lasting, renewable
resource." He questioned why groups were attacking Mr. Johnson.
He opined that it was the commercial fishery that had "given up
everything consistently." He acknowledged that he was a member
of all the user groups, with the exception that he was not a
professional guide. He pointed out that the Mr. Johnson was an
honest man who cared about the resources. He asked for
confirmation for Mr. Johnson.
12:05:03 PM
CHRISTINE BRANDT read from a prepared statement [original
punctuation provided]:
My name is Christine Brandt and I support the
appointment of Brent Johnson as a Board of Fisheries
Member.
Balance to the current Board of Fisheries is; more
than what someone does for a living, more than where
someone lives, more than what someone's political
affiliations are. It should be someone who is; open-
minded, approachable to the public, who is willing to
learn and understand different cultures and values, to
be considerate, respectful, and have regard for the
principles of being fair and equitable.
It also should be someone that understands the public
process.
Please note Brent's experience with issues on; land
development, South Central fisheries enhancement and
rehabilitation projects, conservation and the personal
use of fish and game, and melding the desires of
several independent commercial fishermen are
monumental accomplishments.
Let us not confuse the issue. Our Governor, Sarah
Palin is not appointing any fishing group or specific
type of fishery to the Board of Fish. FACT, she is
appointing an active member in the community, a person
involved in raising a family, that has historical
roots within the Anchorage, Seldovia, and the greater
Kenai Peninsula.
Brent Johnson will be an excellent Board of Fisheries
member with his longtime board experience with diverse
memberships.
I believe that he will be an asset to all Alaskans.
12:06:38 PM
DREW SPARLIN, President, United Cook Inlet Drift Association,
affirmed his support, paraphrasing from a prepared statement
which read as follows [original punctuation provided]:
I am encouraging this body to confirm the appointment
of Brent Johnson to the Board of Fish. I have worked
with Brent on many issues and several Boards over the
last thirty years and I know that he will be a fair
and intelligent voice on the Alaska Board of Fish.
12:07:32 PM
TYLAND VANLIER expressed surprise that an appointee could not be
found that "everybody or at least 70 percent of the people
couldn't agree on."
12:08:26 PM
MURRAY FENTON shared that he had been a river fishing guide for
the past 28 years. He offered his belief that Mr. Johnson would
not be objective, and should not be appointed.
12:09:21 PM
GERALD McCUNE, Lobbyist, United Fishermen of Alaska (UFA),
indicated support for the candidate, as he was appointed by
Governor Palin. He said Mr. Johnson would be a fair, balanced,
and knowledgeable member of the board. He opined that the
conflict out would not matter, as any member may be required to
conflict out on various issues. He noted that each board member
had the opportunity to gain information on every area, as
required, and to do the homework.
12:11:36 PM
ROBERT THORSTENSON, Executive Director, Southeast Alaska Seiners
Association (SEAS), referred to a letter of support he had
submitted. [Included in the members' packets.] He reiterated
SEAS support for Brent Johnson.
12:12:06 PM
CHAIR EDGMON closed public testimony.
12:12:16 PM
CHAIR EDGMON emphasized that a decision for confirmation was not
being made by the committee; only that consideration was given
to forward the nominee to the joint session of both houses.
12:12:48 PM
MR. JOHNSON reflected that commercial fishermen had been
appointed to the BOF in the past and had provided good service
to the state. He specified that he had never opposed personal
use or dip net fishing. He pledged to consider Interior issues,
as well as all other regions, and search for solutions with "a
fresh mind, some new blood, and a lot of vim and vigor."
12:14:45 PM
CHAIR EDGMON clarified that Mr. Johnson's nomination would next
be forwarded to the House Resources Standing Committee.
12:14:55 PM
REPRESENTATIVE BUCH expressed concern that four board members
would be from Cook Inlet and with the necessity to conflict out.
12:15:35 PM
MR. JOHNSON, in response to Representative Buch, agreed that it
would be necessary that he conflict out on issues of commercial
fishing in Cook Inlet; however, he noted that there were two
other sport fishing board members who could vote on commercial
fishing issues.
12:16:17 PM
REPRESENTATIVE KAWASAKI asked Mr. Johnson how he would exercise
his objectivity on proposals.
MR. JOHNSON pointed out the difficulty of a response without a
specific proposal to address. He called attention to the
testimony that he was a zealot set netter, a zealot historian,
and a zealot Kasilof representative, and he affirmed that as a
BOF member, he would be a "zealot representative of the people
of Alaska for good fisheries management, and I'm gonna do my
very best to try to maximize the number of fish that return to
each system everywhere in the state."
12:18:28 PM
REPRESENTATIVE KAWASAKI sought Mr. Johnson's opinion of personal
use fisheries on the Kenai and the Kasilof Rivers, relative to
protection of the state's fisheries interests.
MR. JOHNSON replied that he supported the subsistence fisheries,
along with the personal use fisheries. He reflected that
neither the Atlantic salmon, the Cape Cod cod, nor the
Newfoundland Banks cod fisheries were being commercially
harvested. He noted that these fisheries, along with the Oregon
and Washington fisheries, all had problems with over fishing and
other environmental concerns, and that these were issues that he
would monitor.
12:20:55 PM
REPRESENTATIVE KAWASAKI cited the Copper River dip net law suit
and asked for comment.
MR. JOHNSON, in response to Representative Kawasaki, stressed
that everyone had a right to redress through the court system.
However, he declined comment on the lawsuit as he did not have
enough information.
12:22:15 PM
REPRESENTATIVE KAWASAKI offered to provide documentation on the
lawsuit for Mr. Johnson to review prior to the next committee of
referral.
MR. JOHNSON welcomed the opportunity to review the information.
12:22:39 PM
REPRESENTATIVE KELLER complimented Mr. Johnson that no witnesses
had questioned his character or integrity. Representative
Keller moved to advance Mr. Brent Johnson's nomination out of
committee.
12:23:43 PM
There being no objection, the nomination was advanced from the
House Special Committee on Fisheries.
12:23:53 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at
12:23p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| AdamsLtr--Johnson.pdf |
HFSH 4/9/2009 10:15:00 AM |
|
| ATA Letter--Johnson.pdf |
HFSH 4/9/2009 10:15:00 AM |
|
| HB207--Bill Packet.PDF |
HFSH 4/9/2009 10:15:00 AM |
HB 207 |
| Brent Johnson CV.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| HB207--Fiscal Note--DFG-CFEC-04-06-09.pdf |
HFSH 4/9/2009 10:15:00 AM |
HB 207 |
| CDFU Letter--Johnson.pdf |
HFSH 4/9/2009 10:15:00 AM |
|
| CassidyEmail--Johnson.pdf |
HFSH 4/9/2009 10:15:00 AM |
|
| BabbLtr--Johnson.pdf |
HFSH 4/9/2009 10:15:00 AM |
|
| Cordova Mssgs--Johnson.pdf |
HFSH 4/9/2009 10:15:00 AM |
|
| BeaudoinLtr--Johnson.pdf |
HFSH 4/9/2009 10:15:00 AM |
|
| BrandtLtr--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| Dept. of Labor Info.PDF |
HFSH 4/9/2009 10:15:00 AM |
HB 207 |
| HB207--Sponsor Statement.pdf |
HFSH 4/9/2009 10:15:00 AM |
HB 207 |
| Honea Mssg--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| IcicleLtr--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| McElroyMssg--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| KPFA Letter--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| MurrayLtr--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| RandaMssg--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| RiedelLtrRE--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| SEAS Letter--JohnsonJohnstone.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| TauriainenLtrRE--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| WGAFA Letter--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| ThompsonLtr--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |
|
| UFA Letter--Johnson.PDF |
HFSH 4/9/2009 10:15:00 AM |