Legislature(2009 - 2010)CAPITOL 106

04/05/2010 03:00 PM House FISHERIES


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03:06:46 PM Start
03:07:37 PM Board of Fisheries
03:36:40 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time & Location Change --
Joint with House Resources
+ Confirmation Hearing: TELECONFERENCED
Board of Fisheries
Following Joint Hearing:
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         April 5, 2010                                                                                          
                           3:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                                            
                                                                                                                                
 Representative Bryce Edgmon, Chair                                                                                             
 Representative Craig Johnson                                                                                                   
 Representative Robert L. "Bob" Buch                                                                                            
 Representative Scott Kawasaki                                                                                                  
                                                                                                                                
HOUSE RESOURCES STANDING COMMITTEE                                                                                              
                                                                                                                                
 Representative Craig Johnson, Co-Chair                                                                                         
 Representative Bryce Edgmon                                                                                                    
 Representative Paul Seaton                                                                                                     
 Representative Peggy Wilson                                                                                                    
 Representative David Guttenberg                                                                                                
 Representative Scott Kawasaki                                                                                                  
 Representative Chris Tuck                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                                            
                                                                                                                                
 Representative Charisse Millett                                                                                                
 Representative Cathy Engstrom Munoz                                                                                            
 Representative Wes Keller, Vice Chair                                                                                          
                                                                                                                                
HOUSE RESOURCES STANDING COMMITTEE                                                                                              
                                                                                                                                
 Representative Mark Neuman, Co-Chair                                                                                           
 Representative Kurt Olson                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Board of Fisheries                                                                                                            
                                                                                                                                
     Claude Vincent Webster - King Salmon                                                                                       
                                                                                                                                
     Thomas G. Kluberton - Talkeetna                                                                                            
                                                                                                                                
          - CONFIRMATION(S) ADVANCED                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
CLAUDE VINCENT WEBSTER, Appointee                                                                                               
to the Board of Fisheries                                                                                                       
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified as appointee to the Board of                                                                   
Fisheries.                                                                                                                      
                                                                                                                                
THOMAS G. KLUBERTON, Appointee                                                                                                  
to the Board of Fisheries                                                                                                       
Talkeetna, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to the Board of                                                                   
Fisheries.                                                                                                                      
                                                                                                                                
SCOTT EGGEMEYER, Member at Large                                                                                                
Kenai River Professional Guide Association                                                                                      
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in favor of the appointees to the                                                              
Board of Fisheries.                                                                                                             
                                                                                                                                
ROLAND MAW, Executive Director                                                                                                  
United Cook Inlet Drift Association                                                                                             
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified during the Board of Fisheries                                                                  
confirmation hearings.                                                                                                          
                                                                                                                                
DAVE GOGGIA, President                                                                                                          
Kenai River Professional Guide Association                                                                                      
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in favor of the appointees to the                                                              
Board of Fisheries.                                                                                                             
                                                                                                                                
REUBEN HANKE, Fisheries Chair                                                                                                   
Kenai River Sportfishing Association                                                                                            
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in favor of the appointees to the                                                              
Board of Fisheries.                                                                                                             
                                                                                                                                
ANDY SZCESNY                                                                                                                    
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in  favor of the appointees to the                                                             
Board of Fisheries.                                                                                                             
                                                                                                                                
DAVID MARTIN                                                                                                                    
Clam Gulch, Alaska                                                                                                              
POSITION  STATEMENT:   Testified  during the  Board of  Fisheries                                                             
confirmation hearings.                                                                                                          
                                                                                                                                
JOHN BLAIR, Executive Director                                                                                                  
SouthEast Alaska Guides Organization (SEAGO)                                                                                    
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in  favor of the appointees to the                                                             
Board of Fisheries.                                                                                                             
                                                                                                                                
VIRGIL UMPHENOUR                                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in  favor of the appointees to the                                                             
Board of Fisheries.                                                                                                             
                                                                                                                                
JIM MARCOTTE, Executive Director                                                                                                
Board of Fisheries                                                                                                              
Boards Support Section                                                                                                          
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified  during the  Board of  Fisheries                                                             
confirmation hearings.                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:06:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR CRAIG  JOHNSON AND CHAIR  BRYCE EDGMON called  the joint                                                             
meeting of the  House Resources Standing Committee  and the House                                                               
Special Committee on Fisheries to order  at 3:07 p.m.  Present at                                                               
the call to  order from the House Special  Committee on Fisheries                                                               
were  Representatives   Edgmon,  Kawasaki,  Buch,   and  Johnson.                                                               
Present at  the call to  order from the House  Resources Standing                                                               
Committee were  Representatives Johnson, Kawasaki,  Tuck, Seaton,                                                               
Edgmon, and  Guttenberg.  Representative Peggy  Wilson arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
                    CONFIRMATION HEARING(S)                                                                                 
                                                                                                                              
^Board of Fisheries                                                                                                             
                       Board of Fisheries                                                                                   
                                                                                                                                
3:07:37 PM                                                                                                                    
                                                                                                                              
CO-CHAIR  JOHNSON  announced  that  the  committees  would  first                                                               
consider  the  appointment of  Claude  Webster  to the  Board  of                                                               
Fisheries (BOF).                                                                                                                
                                                                                                                                
3:07:53 PM                                                                                                                    
                                                                                                                                
CLAUDE VINCENT  WEBSTER, Appointee to  the BOF, said he  is known                                                               
as  Vince, and  informed  the committee  he  has been  commercial                                                               
fishing for 26 years in King  Salmon and Bristol Bay.  He pointed                                                               
out he  currently serves on the  BOF and has been  reappointed by                                                               
the governor.                                                                                                                   
                                                                                                                                
3:08:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG   complimented  Mr.  Webster   on  his                                                               
resume.                                                                                                                         
                                                                                                                                
3:09:04 PM                                                                                                                    
                                                                                                                                
MR. WEBSTER, in response to Co-Chair  Johnson, said it is a great                                                               
honor  to serve  on the  BOF and  look after  one of  the largest                                                               
renewable resources in  the world.  He expressed  his pleasure at                                                               
his reappointment.                                                                                                              
                                                                                                                                
3:09:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON invited Mr. Kluberton to testify.                                                                              
                                                                                                                                
3:09:37 PM                                                                                                                    
                                                                                                                                
THOMAS G. KLUBERTON, Appointee to  the BOF, stated his experience                                                               
with  the BOF  began  during his  term  on the  Matanuska-Susitna                                                               
(Mat-Su)  Borough  Assembly,  due  to the  mayor  and  assembly's                                                               
interest in  fisheries issues.   Beginning in 2008, he  served on                                                               
the Mayor's Blue  Ribbon Sportsmen's Committee and  was also very                                                               
involved in  the Cook Inlet fish  cycle.  He said,  "I'm happy to                                                               
be here and answer any questions you've got."                                                                                   
                                                                                                                                
3:10:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON opened public testimony.                                                                                       
                                                                                                                                
3:11:10 PM                                                                                                                    
                                                                                                                                
SCOTT EGGEMEYER, Member at Large,  Kenai River Professional Guide                                                               
Association,  informed the  committees  he  was representing  the                                                               
Kenai  River   Professional  Guide  Association,   and  expressed                                                               
support for both appointees.                                                                                                    
                                                                                                                                
3:11:41 PM                                                                                                                    
                                                                                                                                
ROLAND  MAW,   Executive  Director,   United  Cook   Inlet  Drift                                                               
Association,  said his  organization  is not  in  support of  the                                                               
nomination of Mr.  Kluberton.  The BOF  regulates a multi-billion                                                               
dollar  industry  involving  the state's  economy  and  affecting                                                               
multiple species  that have a  variety of stakeholders.   Mr. Maw                                                               
stated that  Mr. Kluberton lacks  training in  biology, practical                                                               
training in  resource management,  and represents "a  very narrow                                                               
interest."    In  addition,  members   of  the  association  have                                                               
reviewed Mr.  Kluberton's statements  and question  his decision-                                                               
making processes because  he does not have  the proper background                                                               
or experience.   The association  would like to discuss  with Mr.                                                               
Kluberton statewide issues on  species management; however, there                                                               
was not  enough time before the  hearing.  The United  Cook Inlet                                                               
Drift Association supports Mr. Webster, but not Mr. Kluberton.                                                                  
                                                                                                                                
CO-CHAIR JOHNSON urged Mr. Maw to  talk with Mr. Kluberton as the                                                               
confirmation is not scheduled until 4/9/10.                                                                                     
                                                                                                                                
3:13:41 PM                                                                                                                    
                                                                                                                                
DAVE   GOGGIA,   President,   Kenai  River   Professional   Guide                                                               
Association,  stated  his  support  for  Mr.  Kluberton  and  Mr.                                                               
Webster.                                                                                                                        
                                                                                                                                
3:14:26 PM                                                                                                                    
                                                                                                                                
REUBEN   HANKE,  Fisheries   Chair,   Kenai  River   Sportfishing                                                               
Association,   said  his   organization  is   in  favor   of  the                                                               
appointments of Mr.  Webster and Mr. Kluberton.   The association                                                               
has had three years of good  experience with Mr. Webster, who has                                                               
shown  a  vast  knowledge  of the  fisheries  across  the  state.                                                               
Furthermore, Mr.  Kluberton's testimony  at the upper  Cook Inlet                                                               
board meeting  was well  taken, and  the association  believes he                                                               
will be an excellent addition to the BOF.                                                                                       
                                                                                                                                
3:15:28 PM                                                                                                                    
                                                                                                                                
ANDY  SZCESNY informed  the committees  he  was in  favor of  the                                                               
confirmations of  Mr. Webster and Mr.  Kluberton to the BOF.   He                                                               
opined  Mr. Webster  is very  knowledgeable and  fair-minded, and                                                               
Mr. Kluberton would be a great addition.                                                                                        
                                                                                                                                
3:16:28 PM                                                                                                                    
                                                                                                                                
DAVID MARTIN said he was speaking  for himself.  He expressed his                                                               
support of Mr. Webster, but not  of Mr. Kluberton.  Mr. Kluberton                                                               
is  a  member  of  the Mat-Su  Mayor's  Blue  Ribbon  Sportsmen's                                                               
Committee which  has issued proposals  and publications  that are                                                               
not based  on the best  science available, or on  scientific data                                                               
from the Alaska Department of  Fish & Game (ADF&G).  Furthermore,                                                               
the  BOF  is  concerned  with  more than  Cook  Inlet,  and  must                                                               
represent people who work in  the fishing industry throughout the                                                               
state.    Mr.  Martin  opined  members of  the  BOF  must  follow                                                               
national  standards  and  the  biological  management  aspect  of                                                               
fishing; in  fact, Mr.  Kluberton's previous  statements indicate                                                               
that he is  not the best qualified person to  represent, and make                                                               
regulations on, fisheries.                                                                                                      
                                                                                                                                
3:18:35 PM                                                                                                                    
                                                                                                                                
JOHN   BLAIR,  Executive   Director,   SouthEast  Alaska   Guides                                                               
Organization  (SEAGO),  stated  SEAGO  represents  sport  fishing                                                               
charter operators, lodge  owners, and their angler  clients.  His                                                               
organization is  in support of  the confirmations of  Mr. Webster                                                               
and Mr.  Kluberton.   Over the  last two  years, Mr.  Webster has                                                               
exhibited leadership  at the  BOF and is  a valuable  and capable                                                               
member for  the following reasons:   understands the significance                                                               
of the  decisions of  the board  and is  well informed;  makes an                                                               
effort to understand different points  of view; moves the process                                                               
to a  new level of  professionalism and fairness.   Mr. Kluberton                                                               
is  knowledgeable  on fishing  matters  and  has served  on  many                                                               
boards and  commissions, including  as the  chair of  the Mayor's                                                               
Blue Ribbon Sportsmen's Committee.   Because he is a businessman,                                                               
he also understands the importance  of regulations to the fishing                                                               
industry statewide.  Mr. Blair  opined Mr. Kluberton has the time                                                               
and  the  ability  to  process  large  volumes  of  data,  and  a                                                               
willingness  to  build  consensus  regarding  complex  issues  of                                                               
fisheries management.   He encouraged  the committees  to support                                                               
both nominations.                                                                                                               
                                                                                                                                
3:21:24 PM                                                                                                                    
                                                                                                                                
VIRGIL  UMPHENOUR stated  his support  of  both nominees,  saying                                                               
that he was a member of the BOF  and has known Mr. Webster for 17                                                               
years.  He  opined both Mr. Webster and  Mr. Kluberton understand                                                               
terminal fisheries, unlike some commercial fisherman.                                                                           
                                                                                                                                
3:22:50 PM                                                                                                                    
                                                                                                                                
CHAIR EDGMON  asked whether there  was a representative  from the                                                               
governor's office  to testify  regarding the  vacant seat  on the                                                               
BOF.                                                                                                                            
                                                                                                                                
3:23:36 PM                                                                                                                    
                                                                                                                                
JIM  MARCOTTE, Executive  Director,  Board  of Fisheries,  Boards                                                               
Support  Section, ADF&G,  stated that  he did  not represent  the                                                               
governor's office on the appointments,  but his office works with                                                               
the members of the board.  He  advised that there is a vacancy on                                                               
the board  created by  the recent resignation  of a  board member                                                               
from  Fairbanks.    The  governor's  office  is  working  on  the                                                               
selection of a replacement.                                                                                                     
                                                                                                                                
3:24:45 PM                                                                                                                    
                                                                                                                                
CHAIR EDGMON observed  that seat would be held  by an unconfirmed                                                               
member for nearly two years.                                                                                                    
                                                                                                                                
MR. MARCOTTE agreed,  assuming that the appointee  is named after                                                               
this legislative  session, that person  would serve on  the board                                                               
with  full   rights  and  responsibilities,  but   would  not  be                                                               
confirmed until  the legislature reconvenes.   In fact,  that was                                                               
the case with the person who recently resigned, Ms. Woods.                                                                      
                                                                                                                                
3:26:18 PM                                                                                                                    
                                                                                                                                
CHAIR  EDGMON asked  whether there  are major  meetings scheduled                                                               
between now and next April.                                                                                                     
                                                                                                                                
MR.  MARCOTTE advised  that next  October  there will  be a  work                                                               
session, and  in November there will  be a meeting on  lower Cook                                                               
Inlet  finfish in  Homer.   Furthermore,  in  January, and  early                                                               
February 2011,  finfish topics  will come up.   Late  in February                                                               
and early  in March, the board  will deal with upper  Cook Inlet.                                                               
Finally in late March, statewide tanner crab will be addressed.                                                                 
                                                                                                                                
3:27:26 PM                                                                                                                    
                                                                                                                                
CHAIR  EDGMON surmised  the unconfirmed  board member  would have                                                               
the opportunity to participate in  the Upper and Lower Cook Inlet                                                               
meetings prior to confirmation.                                                                                                 
                                                                                                                                
MR. MARCOTTE said that is correct.                                                                                              
                                                                                                                                
3:27:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON said  his office  has received  no written                                                               
comments on these appointments,  and encouraged committee members                                                               
to share any comments that are received prior to 4/9/10.                                                                        
                                                                                                                                
3:28:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON   affirmed  any  written  responses   would  be                                                               
provided  for  all committee  members.    He then  closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
3:29:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON asked Mr. Webster  and Mr. Kluberton for further                                                               
statements.                                                                                                                     
                                                                                                                                
MR. WEBSTER  observed that his  qualifications have  become known                                                               
during his three years of service on the board.                                                                                 
                                                                                                                                
3:30:18 PM                                                                                                                    
                                                                                                                                
CHAIR EDGMON  asked the appointees  about holding  board meetings                                                               
in the regions under consideration.                                                                                             
                                                                                                                                
MR. WEBSTER  stated it is essential  to have the board  travel to                                                               
local  areas.    If  so,   professional  lobbyists  will  not  be                                                               
deterred, and locals can have a chance to testify.                                                                              
                                                                                                                                
MR. KLUBERTON said it is  a rewarding experience, and helpful, to                                                               
have a board travel and allow access to it by local individuals.                                                                
                                                                                                                                
3:33:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON asked Mr. Kluberton for a final statement.                                                                     
                                                                                                                                
MR. KLUBERTON  clarified that  he is  no longer  a member  of the                                                               
Mat-Su  Borough   Assembly,  or   of  the  Mayor's   Blue  Ribbon                                                               
Sportsmen's  Committee.   He stated  that he  wanted legislators,                                                               
and all  aspects of  the fishing community,  to realize  that his                                                               
perspective  has its  roots as  a sportsman,  but service  on the                                                               
blue  ribbon  committee increased  his  insight  to the  process,                                                               
regulations,  and  operations  of  the  BOF.   In  fact,  on  the                                                               
assembly, although he represented  his district, assembly members                                                               
must also  represent the entire  borough, and biases must  be set                                                               
aside "and make the best decision  for all."  He then pointed out                                                               
that  the chair  of a  committee  is sometimes  required to  sign                                                               
documents that  are written  by the group,  and "it  doesn't mean                                                               
that that's the limit of my purview or my perspective...."                                                                      
                                                                                                                                
3:35:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON reminded  the  public the  committees are  only                                                               
reviewing the qualifications of the  appointees at this time, and                                                               
he urged parties to submit written comments to legislators.                                                                     
                                                                                                                                
3:36:06 PM                                                                                                                    
                                                                                                                                
CHAIR EDGMON  made a motion  to advance from the  House Resources                                                               
Standing Committee  and the House Special  Committee on Fisheries                                                               
the  nominations   of  Claude  Vincent  Webster   and  Thomas  G.                                                               
Kluberton to the Board of Fisheries.                                                                                            
                                                                                                                                
3:36:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON asked  whether there were any  objections to the                                                               
motion.   There being  none, the  nominations were  advanced from                                                               
the  House Resources  Standing Committee  and  the House  Special                                                               
Committee on Fisheries.                                                                                                         
                                                                                                                                
3:36:40 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business  before the committees, the joint                                                               
meeting between  the House Resources  Standing Committee  and the                                                               
House Special Committee on Fisheries was adjourned at 3:36 p.m.                                                                 

Document Name Date/Time Subjects
KRSA Webster--Kluberton Letter.PDF HFSH 4/5/2010 3:00:00 PM