Legislature(2011 - 2012)CAPITOL 120

04/05/2012 05:00 PM House FISHERIES


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05:01:39 PM Start
05:02:02 PM Confirmation Hearings: Board of Fisheries
06:27:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
Board of Fisheries
                    ALASKA STATE LEGISLATURE                                                                                  
              HOUSE SPECIAL COMMITTEE ON FISHERIES                                                                            
                         April 5, 2012                                                                                          
                           5:01 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Steve Thompson, Chair                                                                                            
Representative Craig Johnson, Vice Chair                                                                                        
Representative Alan Austerman                                                                                                   
Representative Bob Herron                                                                                                       
Representative Lance Pruitt                                                                                                     
Representative Scott Kawasaki                                                                                                   
Representative Bob Miller                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS:  BOARD OF FISHERIES                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ORVILLE HUNTINGTON, Appointee                                                                                                   
Huslia, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as an appointee to the Board of                                                                
Fisheries (BOF).                                                                                                                
                                                                                                                                
ROD ARNO, Executive Director                                                                                                    
Alaska Outdoor Council (AOC)                                                                                                    
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during the confirmation hearing                                                                
of Mr. Orville Huntington to the Board of Fisheries (BOF).                                                                      
                                                                                                                                
RICKY GEASE                                                                                                                     
Kenai River Sportfishing Association (KRSA)                                                                                     
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
for Mr.  Orville Huntington's  appointment to  the Board  of Fish                                                               
(BOF).                                                                                                                          
                                                                                                                                
REUBEN HANKE                                                                                                                    
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
for  Mr.  Orville  Huntington's   appointment  to  the  Board  of                                                               
Fisheries (BOF).                                                                                                                
                                                                                                                                
MELVIN GROVE                                                                                                                    
Big Lake, Alaska                                                                                                                
POSITION STATEMENT:   Testified  during Mr.  Orville Huntington's                                                             
confirmation hearing  for appointment  to the Board  of Fisheries                                                               
(BOF).                                                                                                                          
                                                                                                                                
ROSE FOSDICK, Representative                                                                                                    
Kawerak Inc.                                                                                                                    
Nome, Alaska                                                                                                                    
POSITION  STATEMENT:    Testified   in  support  of  Mr.  Orville                                                             
Huntington's appointment to the Board of Fisheries (BOF).                                                                       
                                                                                                                                
ANDY SZCZESNY                                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified in support of  the appointment of                                                             
Mr. Orville Huntington to the Board of Fisheries (BOF).                                                                         
                                                                                                                                
MIKE KRAMER                                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
on  the appointment  of Mr.  Orville Huntington  to the  Board of                                                               
Fisheries (BOF).                                                                                                                
                                                                                                                                
HEATH HILYARD, Executive Director                                                                                               
SouthEast Alaska Guides Organization (SEAGO)                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
for  Mr.  Orville  Huntington's   appointment  to  the  Board  of                                                               
Fisheries (BOF).                                                                                                                
                                                                                                                                
GEORGE PIERCE                                                                                                                   
Kasilof, Alaska                                                                                                                 
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
on  the appointment  of Mr.  Orville Huntington  to the  Board of                                                               
Fisheries (BOF).                                                                                                                
                                                                                                                                
KARL JOHNSTONE, Appointee                                                                                                       
Alaska Board of Fisheries (BOF)                                                                                                 
Alaska Department of Fish & Game (ADF&G)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified  as nominee for  reappointment to                                                             
the Board of Fisheries (BOF).                                                                                                   
                                                                                                                                
BILL BROWN, Member; Vice-Chair                                                                                                  
Board of Fisheries (BOF)                                                                                                        
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
REED MORISKY                                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
HOWARD DELO, Member                                                                                                             
Matanuska-Susitna Borough Fish and Wildlife Commission                                                                          
Big Lake, Alaska                                                                                                                
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
ANDREW COUCH                                                                                                                    
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries.                                                                                
                                                                                                                                
BRUCE KNOWLES                                                                                                                   
Willow, Alaska                                                                                                                  
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
MELVIN GROVE                                                                                                                    
Big Lake, Alaska                                                                                                                
POSITION  STATEMENT:   Testified  during  the  discussion on  the                                                             
reappointment of  Mr. Karl  Johnstone to  the Board  of Fisheries                                                               
(BOF).                                                                                                                          
                                                                                                                                
ROLAND MAW                                                                                                                      
Kasilof, Alaska                                                                                                                 
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
for  reappointment  of  Mr.  Karl   Johnstone  to  the  Board  of                                                               
Fisheries (BOF).                                                                                                                
                                                                                                                                
MIKE CRAWFORD                                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Karl Johnstone to the Board of Fisheries (BOF).                                                                              
                                                                                                                                
JOE CONNERS                                                                                                                     
Sterling, Alaska                                                                                                                
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Karl Johnstone to the Board of Fisheries (BOF).                                                                              
                                                                                                                                
MONTY ROBERTS                                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
DAVID GOGGIA, President                                                                                                         
Kenai River Professional Guide Association                                                                                      
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
STAN MALCOM                                                                                                                     
Member                                                                                                                          
Petersburg Charter Boat Association (PCBA)                                                                                      
Petersburg, Alaska                                                                                                              
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
RICKY GEASE                                                                                                                     
Executive Director                                                                                                              
Kenai River Sportfishing Association (KRSA)                                                                                     
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
REUBEN HANKE                                                                                                                    
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified  during the  confirmation hearing                                                             
for  the  reappointment  of  Karl   Johnstone  to  the  Board  of                                                               
Fisheries (BOF).                                                                                                                
                                                                                                                                
ANDY SZCZESNY, Member                                                                                                           
Board of Directors                                                                                                              
Kenai River Guide Academy (KRGA)                                                                                                
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
MIKE KRAMER                                                                                                                     
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
HOLLY VANPELT                                                                                                                   
Homer, Alaska                                                                                                                   
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
HEATH HILYARD, Executive Director                                                                                               
SouthEast Alaska Guides Organization (SEAGO)                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified  in support of  the reappointment                                                             
of Mr. Karl Johnstone to the Board of Fisheries (BOF).                                                                          
                                                                                                                                
GEORGE PIERCE                                                                                                                   
Kasilof, Alaska                                                                                                                 
POSITION   STATEMENT:      Testified   in   opposition   to   the                                                             
reappointment of  Mr. Karl  Johnstone to  the Board  of Fisheries                                                               
(BOF).                                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
5:01:39 PM                                                                                                                    
                                                                                                                                
CHAIR  STEVE  THOMPSON  called the  House  Special  Committee  on                                                             
Fisheries  meeting  to  order  at   5:01  p.m.    Representatives                                                               
Kawasaki,  Miller, Austerman,  and Thompson  were present  at the                                                               
call  to  order.   Representatives  Johnson,  Herron, and  Pruitt                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
5:02:02 PM                                                                                                                    
                                                                                                                                
^Confirmation Hearings:  Board of Fisheries                                                                                     
           Confirmation Hearings:  Board of Fisheries                                                                       
                                                                                                                              
CHAIR THOMPSON  announced that the  only order of  business would                                                               
be Confirmation Hearings:  Board of Fisheries.                                                                                  
                                                                                                                                
5:03:09 PM                                                                                                                    
                                                                                                                                
ORVILLE  HUNTINGTON,  Appointee,   provided  a  brief  biography,                                                               
including  that   he  currently  works  for   the  Tanana  Chiefs                                                               
Conference (TCC)  and is a  lifelong resident of  Huslia, Alaska.                                                               
His father, James  Huntington, previously served on  the Board of                                                               
Fisheries.   He  said he  has  an undergraduate  degree from  the                                                               
University of  Alaska Fairbanks (UAF).   He volunteered  to serve                                                               
because he  believes he  can be  fair to  all users  of fisheries                                                               
resources in  the state  and could  also bring  Interior Alaska's                                                               
voice to the board.                                                                                                             
                                                                                                                                
5:04:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE AUSTERMAN  asked whether  he is  currently serving                                                               
on the board.                                                                                                                   
                                                                                                                                
MR. HUNTINGTON answered no.                                                                                                     
                                                                                                                                
REPRESENTATIVE AUSTERMAN reminded the  appointee of the amount of                                                               
time involved in serving on the  BOF and asked if he was prepared                                                               
to do so.                                                                                                                       
                                                                                                                                
MR. HUNTINGTON answered yes.                                                                                                    
                                                                                                                                
5:05:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI asked him to define subsistence user.                                                                   
                                                                                                                                
MR. HUNTINGTON  responded that a  subsistence user is  anyone who                                                               
relies  on fish  and wildlife  resources for  food and  for their                                                               
culture  - whether  it  is  sport fishing  or  sport hunting,  or                                                               
subsistence hunting.  He offered his belief it is all the same.                                                                 
                                                                                                                                
5:06:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON asked about his family origins.                                                                           
                                                                                                                                
MR. HUNTINGTON answered that Sidney  Huntington, who retired from                                                               
the Board of Game, is his  uncle and Jimmy Huntington, who served                                                               
as a  legislator and  on the  Board of  Fisheries (BOF),  was his                                                               
dad.                                                                                                                            
                                                                                                                                
5:06:31 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON asked whether a  board member should be allowed to                                                               
vote on  issues in which they  or their family members  will gain                                                               
financially as a result of their vote.                                                                                          
                                                                                                                                
MR. HUNTINGTON answered  absolutely not.  He did not  think it is                                                               
right and the member should be unbiased and fair to all users.                                                                  
                                                                                                                                
CHAIR THOMPSON asked how many of his family fishes commercially.                                                                
                                                                                                                                
MR. HUNTINGTON  answered none  since there  is currently  not any                                                               
commercial fishing in Interior Alaska.   He reported that when it                                                               
was open his cousins Gilbert and Roger Huntington fished.                                                                       
                                                                                                                                
CHAIR THOMPSON noted that there  have been nine Huntington permit                                                               
holders since 2010.                                                                                                             
                                                                                                                                
MR. HUNTINGTON confirmed  the number and said  he previously held                                                               
a permit, but he let his license  sunset since he did not use it.                                                               
He said there isn't any money in it.                                                                                            
                                                                                                                                
CHAIR  THOMPSON, regarding  the aboriginal  rights of  the Native                                                               
people, asked  what it  means in terms  of fisheries  since those                                                               
rights were extinguished with the passage of federal law.                                                                       
                                                                                                                                
MR. HUNTINGTON agreed that there  are no aboriginal rights in the                                                               
state any longer, except perhaps for  Metlakatla.  He said he has                                                               
worked for  the federal government  and the term has  a different                                                               
meaning in the federal arena.                                                                                                   
                                                                                                                                
5:08:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked about Mr.  Huntington's experience                                                               
on the  TCC and  asked how it  might assist him  to serve  on the                                                               
BOF.                                                                                                                            
                                                                                                                                
MR. HUNTINGTON  responded that  he has  worked with  partners and                                                               
people  in Western  Alaska as  well  as with  the Association  of                                                               
Village  Council Presidents  (AVCP).   He  said  he knows  almost                                                               
everyone in the TCC villages.   He has collaborated and testified                                                               
before   the  Northern   Pacific  [Universities]   Marine  Mammal                                                               
[Research] Consortium].   He  said he tries  not to  say negative                                                               
things, but testifies on science or positive management aspects.                                                                
                                                                                                                                
REPRESENTATIVE  KAWASAKI questioned  whether the  candidate feels                                                               
he needs further study to understand  some of the issues that may                                                               
come before the board.                                                                                                          
                                                                                                                                
MR. HUNTINGTON  said he has knowledge  of the Bering Sea  and the                                                               
river areas of  Interior Alaska, but is weak  on Southeast Alaska                                                               
and Southcentral  Alaska.  He  would rely on other  board members                                                               
to  answer question  for  other regions.    He characterized  his                                                               
position as being unbiased and that he will listen.                                                                             
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked for  the process  he would  use to                                                               
make a  decision and if he  would use the advisory  councils, the                                                               
department, and the public to guide him.                                                                                        
                                                                                                                                
MR.  HUNTINGTON stated  he would  primarily  rely on  information                                                               
from the Department of Fish  and Game (ADF&G), particularly given                                                               
their solid scientific base.  He  indicated if there is a concern                                                               
between the ADF&G and a local  group that he would listen to both                                                               
sides.   He said he would  not support a proposal  that could not                                                               
be defended, even if it was from his local area.                                                                                
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked  who   wrote  the  memorandum  of                                                               
introduction for the committee packet.                                                                                          
                                                                                                                                
MR. HUNTINGTON  answered that John Moller,  [Senior Rural Affairs                                                               
Advisor] or  Jason Hooley [Director, Boards  and Commissions] may                                                               
have been the author, but he also submitted his own resume.                                                                     
                                                                                                                                
5:12:57 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON recalled  a 2004 harassment case  that was brought                                                               
against  Mr. Huntington  and  asked whether  there  would be  any                                                               
continued issues along those lines.                                                                                             
                                                                                                                                
MR. HUNTINGTON  said the incident  happened just before  his wife                                                               
died and he  was in a tenuous  situation.  He pled  no contest in                                                               
the case and the  case was set aside by the  court.  He clarified                                                               
that it was not due to an anger problem.                                                                                        
                                                                                                                                
5:14:24 PM                                                                                                                    
                                                                                                                                
ROD  ARNO,  Executive  Director, Alaska  Outdoor  Council  (AOC),                                                               
stated that the  AOC is a statewide  organization that represents                                                               
over  10,000  Alaskans  who  hunt,  fish,  trap,  and  enjoy  the                                                               
outdoors.   He related  the AOC has  noticed a  disturbing trend,                                                               
which  is  that   the  governor  has  been   nominating  and  the                                                               
legislature has been confirming appointees  to the BOF who do not                                                               
know the laws.   The AOC expects members appointed  to the BOF to                                                               
understand Article 8, Sections 3,  15, and 17, which are commonly                                                               
referred to as  the common use clauses  of Alaska's Constitution.                                                               
The Alaska Supreme Court has  affirmed and reaffirmed in a number                                                               
of decisions  what the  framers meant when  they wrote  the words                                                               
"all Alaskans have  equal rights to fish and game."   As a result                                                               
of the  situation, members  of the Chitina  Dipnetters -  many of                                                               
whom live  in Chair Thompson's district  - have had to  finance a                                                               
legal action  against the Board of  Fisheries all the way  to the                                                               
Alaska Supreme  Court.  The basic  issue has been that  the board                                                               
ignored the common use clause.                                                                                                  
                                                                                                                                
5:15:35 PM                                                                                                                    
                                                                                                                                
MR.   ARNO  stated   the  AOC   has  reviewed   Mr.  Huntington's                                                               
application  and   is  concerned  about  his   statement,  "  ...                                                               
committed  to protecting  aboriginal rights  of Native  people to                                                               
continue to  live a subsistence way  of life and to  preserve the                                                               
cultural  beliefs associated  with that  way  of life  ...."   He                                                               
stated that  if Mr. Huntington  had simply said he  supported the                                                               
subsistence  way  of  life,  the  AOC would  have  no  cause  for                                                               
concern.  He pointed out the  Alaska Supreme Court has ruled that                                                               
all Alaskans can  choose to be subsistence users and  the AOC has                                                               
members who  participate in a  subsistence lifestyle.   He wanted                                                               
to be clear  that subsistence is not the issue.   Further, if Mr.                                                               
Huntington  had said  he would  like to  support Native  cultural                                                               
beliefs,  the AOC  would  not have  any cause  for  concern.   He                                                               
related that AOC members engage in a variety of belief systems.                                                                 
                                                                                                                                
MR. ARNO reiterated  Mr. Huntington's statement that  he wants to                                                               
protect aboriginal rights  is a cause of concern.   He said it is                                                               
settled law  that the aboriginal  rights were  extinguished under                                                               
ANCSA.  He questioned how  Mr. Huntington would reconcile what he                                                               
perceives as  subsistence aboriginal  rights with the  common use                                                               
clause of the  Alaska Constitution.  He said,  "There's no wiggle                                                               
room  here, Mr.  Chairman.   We are  all equal  when it  comes to                                                               
advocating fisheries  resources.  We  all -  no one has  any more                                                               
right  in the  process than  anyone else."   He  acknowledged Mr.                                                               
Huntington  may have  clarified this  somewhat, but  it is  still                                                               
troubling that  he wrote it.   He  concluded that the  AOC cannot                                                               
support the appointment  of Mr. Orville Huntington to  the BOF at                                                               
this time.                                                                                                                      
                                                                                                                                
5:17:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN referred  to  the  partially read  line                                                               
that  Mr. Arno  read.   He  read from  Mr. Huntington's  one-page                                                               
handout in  members' packets, "  ... as it consistent  with State                                                               
and Federal law."   He asked whether that made  any difference to                                                               
the AOC.                                                                                                                        
                                                                                                                                
MR. ARNO  answered that it  doesn't make any difference  since he                                                               
was  uncertain  what  language  in state  or  federal  law  would                                                               
acknowledge aboriginal rights in Alaska.                                                                                        
                                                                                                                                
REPRESENTATIVE AUSTERMAN  countered that  if there isn't  any law                                                               
then the subject is moot.                                                                                                       
                                                                                                                                
MR. ARNO agreed,  but asked why this candidate  would include the                                                               
statement  that  he is  advocating  for  aboriginal rights  since                                                               
numerous  court  decisions  have addressed  this,  including  the                                                               
Madison, Kenaitze, McDowell,  and  Payton decisions  - noting the                                                       
decisions   advocated   equal    participation   in   subsistence                                                               
fisheries.                                                                                                                      
                                                                                                                                
5:18:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  stated that the biography  is written in                                                               
the third  person and it was  possibly written by someone  in the                                                               
governor's office.   Hence,  the language  may not  be attributed                                                               
directly to the appointee.                                                                                                      
                                                                                                                                
MR. ARNO  acknowledged that  point.  He  indicated the  AOC could                                                               
ask the governor's  office the reason the  statement was included                                                               
in Mr. Huntington's  biography.  He pointed out that  that is the                                                               
source  of  the  conflict  and   the  reason  the  litigation  is                                                               
currently being brought against the BOF.                                                                                        
                                                                                                                                
5:21:19 PM                                                                                                                    
                                                                                                                                
RICKY GEASE, Kenai River  Sportfishing Association (KRSA), stated                                                               
the KRSA is  neutral on the appointment of Mr.  Huntington to the                                                               
BOF  and said  the  appointee's comments  to  the committee  were                                                               
encouraging.  He offered his  belief that Mr. Huntington answered                                                               
the questions in a fair and  honest manner, which cleared up what                                                               
could  be  some troubling  questions  and  issues for  the  KRSA.                                                               
Although  the  KRSA  is  currently neutral,  said  he  liked  Mr.                                                               
Huntington's  comments  that  he   will  base  his  decisions  on                                                               
science.   He pointed out what  is important in BOFs'  members is                                                               
that fish comes  first the state is conserving fish,  and the BOF                                                               
will make  allocation decisions  by consulting  with communities.                                                               
He concluded  by stating  he is looking  forward to  sitting down                                                               
with Mr. Huntington and  discussing Southcentral Alaska's fishery                                                               
issues.                                                                                                                         
                                                                                                                                
5:22:39 PM                                                                                                                    
                                                                                                                                
REUBEN  HANKE stated  that  he and  his wife  own  and operate  a                                                               
fishing  business on  the Kenai  River.   He  concurred with  Mr.                                                               
Gease that  he has not  had an  opportunity to interact  with Mr.                                                               
Huntington at all,  but he hoped to  do so soon.  He  said he was                                                               
also  impressed with  Mr.  Huntington's answers.    He offered  a                                                               
neutral position on the appointment  of Mr. Orville Huntington to                                                               
the BOF.                                                                                                                        
                                                                                                                                
5:23:37 PM                                                                                                                    
                                                                                                                                
MELVIN GROVE gave a brief synopsis  of his affiliations.  He said                                                               
he  is the  president of  the Prince  William Sound  Charter Boat                                                               
Association,  a  member of  the  Mat-Su  Fish and  Game  Advisory                                                               
Committee, a  board member  of the AOC,  and president  of Alaska                                                               
Outdoor Access Alliance;  however, he is testifying  on behalf of                                                               
himself.    He  related  he   missed  some  of  Mr.  Huntington's                                                               
testimony.  He said he  was concerned about the Native preference                                                               
that Mr. Arno previously discussed  and was in agreement with his                                                               
comments.   He  said  if  Mr. Huntington  is  in  support of  all                                                               
Alaskans  as subsistence  users he  will support  his nomination.                                                               
He offered his  belief this must be the basis  for anyone serving                                                               
on the  BOF since  the core  principle is  that everyone  must be                                                               
able to  participate in any  harvestable surplus.   He reiterated                                                               
that if  Mr. Huntington believes  in this core principle  he will                                                               
support his nomination.                                                                                                         
                                                                                                                                
5:25:29 PM                                                                                                                    
                                                                                                                                
ROSE FOSDICK, Member,  Kawerak Inc., stated that  Kawerak Inc. is                                                               
a nonprofit regional organization  representing 20 communities in                                                               
Northwest Alaska.  She stated  support for the appointment of Mr.                                                               
Orville Huntington to  the BOF.  She said that  Mr. Huntington is                                                               
a  lifelong  resident   of  Alaska.    He   is  knowledgeable  in                                                               
subsistence fishing means and methods  of harvest and processing.                                                               
He also  understands the  Yukon River and  has a  good historical                                                               
knowledge of  the fisheries resources.   Further,  he understands                                                               
the policies and procedures of the  BOF from the public side as a                                                               
result  of  his  efforts  and participation  in  the  process  of                                                               
regulation changes.   She acknowledged his  rural perspective and                                                               
traditional  knowledge  of  local people  in  natural  resources,                                                               
which   is  why   Kawerak  Inc.   fully   supports  Mr.   Orville                                                               
Huntington's nomination to the BOF.                                                                                             
                                                                                                                                
5:27:26 PM                                                                                                                    
                                                                                                                                
ANDY SZCZESNY  stated he does  not know Mr.  Huntington; however,                                                               
he  offered  his  support  for the  appointment  of  Mr.  Orville                                                               
Huntington to the BOF.                                                                                                          
                                                                                                                                
5:28:07 PM                                                                                                                    
                                                                                                                                
MIKE  KRAMER  stated  that  he  is  a  long-term  member  of  the                                                               
Fairbanks Fish  and Game Advisory  Committee, although he  is not                                                               
speaking on behalf  of the advisory committee today.   He related                                                               
he  has  served as  the  fisheries  subcommittee chair  for  many                                                               
years.   He  did  not have  a  position on  Mr.  Huntington.   He                                                               
expressed his preference to have  a strong Interior Alaska voice,                                                               
preferably  from  Fairbanks,  who understands  the  local  issues                                                               
serving on the board.  He  said it sounds like Mr. Huntington has                                                               
a very  good grasp of Yukon  River issues, which is  important to                                                               
Interior Alaskans.   He expressed concern, as did  Mr. Arno, with                                                               
Mr.  Huntington's comments  with  respect  to aboriginal  rights.                                                               
He,  too,  looked forward  to  meeting  with Mr.  Huntington  and                                                               
learning more  about his  views on  those issues.   He  urged the                                                               
committee   to  ensure   that   Interior   Alaska  has   adequate                                                               
representation on the BOF.                                                                                                      
                                                                                                                                
5:30:12 PM                                                                                                                    
                                                                                                                                
HEATH  HILYARD,  Executive   Director,  SouthEast  Alaska  Guides                                                               
Organization (SEAGO),  echoed Mr. Gease's comments  in support of                                                               
decisions  based on  the scientific  approach of  the department,                                                               
which he  suggested is  one of  the most  critical considerations                                                               
when selecting a  board member.  He stated that  SEAGO is neutral                                                               
on Mr.  Huntington's appointment, but  he was encouraged  by some                                                               
of his comments, his qualifications, and his positions.                                                                         
                                                                                                                                
5:31:14 PM                                                                                                                    
                                                                                                                                
GEORGE PIERCE  expressed concern with representation  on the BOF.                                                               
He offered  his belief that  the BOF has been  heavily influenced                                                               
by outsiders and special interest groups,  such as the KSFA.  The                                                               
BOF's members  should have expertise  in science and  biology and                                                               
represent  the  people  statewide  not nonresidents.    He  urged                                                               
members to  evaluate the  potential members  and to  remove those                                                               
with political motivations.   He offered his belief  that the BOF                                                               
has  been   politically  motivated.     He  disagreed   with  the                                                               
governor's prior selections  to the BOF.  He  urged the committee                                                               
members to fix the corruption on the BOF.                                                                                       
                                                                                                                                
5:33:43 PM                                                                                                                    
                                                                                                                                
CHAIR  THOMPSON  closed  public  testimony  on  the  confirmation                                                               
hearing for Mr. Orville Huntington to the BOF.                                                                                  
                                                                                                                                
5:34:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  referred to the comment  that all Alaskans                                                               
are  subsistence  users  and  asked   for  clarification  on  his                                                               
comment.                                                                                                                        
                                                                                                                                
MR. HUNTINGTON  offered his belief  that he wrote  those comments                                                               
when he  was working  for the federal  Fish and  Wildlife Service                                                               
just  after he  graduated  from college.    He characterized  his                                                               
views as being  pretty "gung ho" back then.   He said he supports                                                               
the rights of all subsistence  people receiving their fair share.                                                               
He did  not think there  was any question  about that and  he did                                                               
not think it was an issue.                                                                                                      
                                                                                                                                
5:35:25 PM                                                                                                                    
                                                                                                                                
CHAIR THOMPSON announced  that the final order  of business would                                                               
be the confirmation hearing for Mr. Karl Johnstone to the BOF.                                                                  
                                                                                                                                
5:36:02 PM                                                                                                                    
                                                                                                                                
KARL  JOHNSTONE,  Appointee,  Alaska Board  of  Fisheries  (BOF),                                                               
Alaska  Department  of Fish  &  Game  (ADF&G), provided  a  brief                                                               
biography, relating  he came  to Alaska from  law school  in 1967                                                               
and quickly discovered Alaska was the  place for him, due in part                                                               
to   career  opportunities,   but   primarily   due  to   outdoor                                                               
activities.    He  has  been  a resident  since  then.    He  was                                                               
appointed to the  Superior Court by Governor Hammond  in 1979 and                                                               
served  on the  court until  the  late 1990s.   Additionally,  he                                                               
served as  the presiding  judge of  the Third  Judicial District.                                                               
He then  briefly worked  as a  mediator, arbitrator,  and lawyer.                                                               
He reviewed his  previous experience, noting he  was appointed to                                                               
the BOF in December  2008 to serve out a term.   He was appointed                                                               
to a full  three-year term in 2009.  Last  October he was elected                                                               
as chairman  of the BOF.   He spoke about his  initial service on                                                               
the  board,  indicating that  he  thought  he  knew a  lot  about                                                               
fisheries resources  since he had commercially  fished for salmon                                                               
in  Bristol  Bay  and  for herring  in  Southeast  Alaska  Prince                                                               
William  Sound.    However,  he   quickly  discovered  the  steep                                                               
learning  curve necessary  to understand  fisheries  issues.   He                                                               
emphasized that it takes three years  to complete a full cycle to                                                               
hear proposals from all areas of  the state.  He declared that in                                                               
most cases  board members become  better members in  their second                                                               
term.   He  concluded by  stating  that with  his background  and                                                               
experience he fits that category  and is willing to serve another                                                               
term.    He said  he  finds  the  job  very challenging,  if  not                                                               
particularly enjoyable.   He emphasized  the state has  been good                                                               
to him  and his family and  he finds board services  as one means                                                               
to give back to the state.                                                                                                      
                                                                                                                                
5:38:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  said he has  never met Mr.  Johnstone, but                                                               
has seen news reports when he had  acted as a judge on some court                                                               
case.   He referred  to the  appointee's statement  that it  is a                                                               
difficult  job, yet  enjoyable.   He asked  whether the  governor                                                               
approached him or if he asked  the governor to allow him to serve                                                               
a second term.                                                                                                                  
                                                                                                                                
MR. JOHNSTONE  clarified that the  first term he served  one year                                                               
but  initially turned  down  the  appointment; however,  Governor                                                               
Palin asked him to serve so he  accepted.  He related that he did                                                               
not object  to serving a subsequent  term.  He clarified  that he                                                               
did not say he enjoyed the  job; rather the job is not enjoyable,                                                               
but he finds it challenging.   He characterized the BOF's service                                                               
as engaging, challenging, and worthwhile.                                                                                       
                                                                                                                                
REPRESENTATIVE HERRON  reported that he has  received numerous e-                                                               
mails with  respect to Mr. Johnstone's  reappointment for another                                                               
three-year term.   He said,  "Most of  the time, to  be perfectly                                                               
honest, it's  about having a  Board of  Fish member who  - quote,                                                               
unquote -  'commutes' from the  Lower 48. Can you  please comment                                                               
on that?"                                                                                                                       
                                                                                                                                
MR. JOHNSTONE  said this isn't  the first time his  residency has                                                               
been questioned.   He stated he is qualified  to assess residency                                                               
since he  has often decided those  issues as a judge  and lawyer.                                                               
He said  he does not commute  to Alaska, but after  retiring as a                                                               
judge  has  spent  winters  outside of  the  state  in  Prescott,                                                               
Arizona to remain active.   He highlighted that he has maintained                                                               
his voting  residency in  Alaska and his  cars are  registered in                                                               
Alaska.    Additionally,  he has  resident  hunting  and  fishing                                                               
licenses, conducts his  business from Anchorage, and  has owned a                                                               
home  in Anchorage  since 1968.   He  has received  the permanent                                                               
fund dividend (PFD)  check for the past few years  and he intends                                                               
to remain  a resident of the  state.  He offered  his belief that                                                               
owning a home in Prescott,  Arizona does not legally preclude his                                                               
residency in  Alaska.  He just  doesn't want to spend  winters in                                                               
Alaska  and thousands  of other  Alaskans  travel outside  Alaska                                                               
during the winter  and don't lose their residency.   He agreed he                                                               
is not in  Alaska full-time, but spends enough time  in Alaska to                                                               
maintain his residency.                                                                                                         
                                                                                                                                
REPRESENTATIVE HERRON asked whether he applies for a PFD.                                                                       
                                                                                                                                
MR.  JOHNSTONE replied  yes.   He  said he  has  applied for  and                                                               
received his PFD check the last three years.                                                                                    
                                                                                                                                
5:42:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI referred  to documents  from his  office                                                               
received  in  opposition  to Mr.  Johnstone's  appointment.    He                                                               
acknowledged  that he  normally doesn't  give unsigned  documents                                                               
much weight;  however, he summarized  the allegations in  a four-                                                               
page unsigned  letter. The letter  alleges he winters  in Arizona                                                               
where  he  maintains  a  home  for  eight  months  of  the  year.                                                               
Further, the  letter alleges that in  the past two years  the BOF                                                               
met  in Anchorage  for  a  total of  43  days  and Mr.  Johnstone                                                               
collected per  diem during that time.   He asked whether  this is                                                               
true and for him to outline any extenuating circumstances.                                                                      
                                                                                                                                
MR. JOHNSTONE  said he addressed  this several times in  the past                                                               
thirty days.   After the first  two meetings he realized  the job                                                               
extended beyond eight hours.  He  related that the BOF meets long                                                               
days, beginning at six in the  morning and often go late into the                                                               
evening.  He  asked the executive director about the  policy.  He                                                               
said he did not demand a hotel,  but he informed staff he did not                                                               
want  to  spend  time  outside the  meetings  at  breakfasts  and                                                               
dinners being  "wined and dined" while  meeting with stakeholders                                                               
and then have  to drive the 15 or  so miles to his home  at 10 or                                                               
11 p.m.   He said he was  told it was preferable for  him to stay                                                               
in the  city and other  state employees in  similar circumstances                                                               
have stayed  in hotels and  received per diem.   He agreed  to do                                                               
so.  He  received approval to remain  in the city, versus.     He                                                               
said, "Apparently  I was issued  a waiver  at the request  of the                                                               
board-supported  executive  director  from the  rule  that  under                                                               
normal circumstances  prohibited paying for a  hotel (indisc.) or                                                               
per diem  when attending a  meeting in a city  he lived in."   He                                                               
related   that  [the   waiver]  was   issued  by   Kevin  Brooks,                                                               
administrative director of  the Alaska Department of  Fish & Game                                                               
(ADF&G)  because he  found it  was in  the best  interest of  the                                                               
state to  have him remain close  at hand, versus him  driving the                                                               
30-45 minute commute home.  He  said he agreed with the decision.                                                               
He  concluded by  stating that  a  procedure and  policy was  set                                                               
forth and he has followed those policies.                                                                                       
                                                                                                                                
REPRESENTATIVE KAWASAKI offered to provide him with a copy.                                                                     
                                                                                                                                
5:48:46 PM                                                                                                                    
                                                                                                                                
BILL  BROWN,  Member;  Vice-Chair,  Board  of  Fisheries,  Alaska                                                               
Department  of Fish  & Game  (ADF&G) stated  he was  appointed in                                                               
2008  by  Governor Palin  and  reappointed  in 2011  by  Governor                                                               
Parnell.   In 2008, he met  Mr. Johnstone and served  with him on                                                               
the BOF  for four years.   He said feels  he knows him  very well                                                               
and gives him the strongest  possible recommendation.  He pointed                                                               
out  Mr. Johnstone  comes to  meetings  extremely well  prepared,                                                               
despite that members often have  2,000 pages of materials to read                                                               
for  a  meeting.    Mr.   Johnstone  brings  extensive  notes  to                                                               
meetings, attesting  to his  preparation.  He  brings a  sense of                                                               
fairness  to the  BOF,  considers  all sides  of  issues, and  he                                                               
brings a unique background of  commercial fishing, sport fishing,                                                               
and legal  expertise to the  BOF.   He acknowledged at  times Mr.                                                               
Johnstone is brusque,  but he still listens to  people and spends                                                               
significant time  with stakeholders.   As chair, he runs  the BOF                                                               
meetings  well  and  allows everyone  an  opportunity  to  speak.                                                               
While he  often does not  share Mr. Johnstone's viewpoint  and he                                                               
often  votes differently  from him,  he respects  Mr. Johnstone's                                                               
opinion.   He  emphasized an  effective board  must have  members                                                               
with  broad  knowledge  and  perspective  who  have  a  statewide                                                               
perspectives on  all fishing  sectors, including  subsistence and                                                               
commercial fishing.   He concluded  his testimony by  stating, "I                                                               
give him the highest possible recommendation, Mr. Chair."                                                                       
                                                                                                                                
5:52:23 PM                                                                                                                    
                                                                                                                                
REED  MORISKY  related  that  he  is a  sport  fishing  guide  in                                                               
Interior Alaska.  His family  owns a sport fishing guide business                                                               
in  Fairbanks.    He  offered   his  favorable  support  for  the                                                               
appointment of Mr.  Karl Johnstone to the BOF.   He described Mr.                                                               
Johnstone's  decision-making process  as  even handed.   He  also                                                               
finds him to be neutral  on sport fishing and commercial fishing.                                                               
He  concluded  by reiterating  that  Mr.  Johnstone is  an  even-                                                               
handed,  well-considered   board  member  who   takes  everyone's                                                               
insight  into  consideration.   He  understands  and applies  the                                                               
principles  of Alaska's  Constitution  in the  BOF  process.   He                                                               
concluded that he  supports the confirmation of  Mr. Johnstone to                                                               
the BOF.                                                                                                                        
                                                                                                                                
5:53:56 PM                                                                                                                    
                                                                                                                                
HOWARD DELO, Member, Matanuska-Susitna  Borough Fish and Wildlife                                                               
Commission, stated he is  a past member of the BOF.   He spoke in                                                               
support of  Mr. Karl  Johnstone's reappointment to  the BOF.   He                                                               
served with  him for about  18 months  as a fellow  board member.                                                               
He   echoed  Mr.   Brown's  statements   about  Mr.   Johnstone's                                                               
preparedness.  He described him  as one of the most knowledgeable                                                               
board members.   He  has the ability  to clarify  discussions and                                                               
puts  the fish  resources first  to ensure  that the  resource is                                                               
protected.  Further, the appointee  has been even handed and fair                                                               
in determining  allocation issues.   He  offered his  belief that                                                               
Mr. Johnstone  represents the best  qualities of a  board member.                                                               
He agreed a board member becomes  more valuable when they serve a                                                               
second term.   He  concluded by stating  that he  firmly supports                                                               
Mr. Johnstone's confirmation to the BOF for a second term.                                                                      
                                                                                                                                
5:58:05 PM                                                                                                                    
                                                                                                                                
ANDREW COUCH stated he is  a member of the Matanuska-Susitna Fish                                                               
&  Game  Advisory Committee  and  has  served on  the  Matanuska-                                                               
Susitna Borough  Fish and Wildlife Commission.   He said he  is a                                                               
fishing guide in  the Matanuska-Susitna Valley and  owner of Fish                                                               
Tale River Guides.   Additionally, he said he is  a member of the                                                               
Alaska   Outdoor   Council   (AOC),   the   Alaska   Sportfishing                                                               
Association,  the  Mat-Su  Anglers   Club,  but  is  representing                                                               
himself today.   He offered his support for  the reappointment of                                                               
Mr.  Karl Johnstone  to the  BOF.   He stated  he has  had direct                                                               
experience  with the  appointee,  which has  been  positive.   He                                                               
highlighted  that Mr.  Johnstone  considers  conservation of  the                                                               
resources, noting  the significant concern which  has been raised                                                               
over Mat-Su  fisheries stocks.   He  indicated Mr.  Johnstone has                                                               
worked to resolve  these issues, which are ongoing.   He noted he                                                               
has personally submitted proposals to  the BOF, some of which the                                                               
appointee has not supported; however,  he has found Mr. Johnstone                                                               
is well prepared  for meetings and he fully  supports him serving                                                               
another term on the BOF.                                                                                                        
                                                                                                                                
6:01:11 PM                                                                                                                    
                                                                                                                                
BRUCE  KNOWLES stated  he serves  on  the Susitna  Fish and  Game                                                               
Advisory  Committee and  he also  serves on  the MSB's  [Fish and                                                               
Wildlife Commission].   He characterized Mr. Johnstone  as one of                                                               
the top  five board  members who  have served on  the BOF  in the                                                               
past twenty  years.  He  credited him  with the ability  to shape                                                               
the  issue  concisely  and  as someone  who  has  helped  resolve                                                               
longstanding issues  in the Cook  Inlet.   He described him  as a                                                               
dynamic leader, capable of resolving  upcoming issues in the next                                                               
three years,  who puts the  fishery resources first.   He offered                                                               
his support  for the reappointment  of Mr. Karl Johnstone  to the                                                               
BOF.                                                                                                                            
                                                                                                                                
6:02:39 PM                                                                                                                    
                                                                                                                                
MELVIN  GROVE  stated he  runs  a  charter fishing  operation  in                                                               
Valdez  and  serves as  president  of  the Prince  William  Sound                                                               
Charter  Boat Association.   He  provided a  partial list  of his                                                               
affiliations,  including that  he  serves on  the Alaska  Outdoor                                                               
Access Alliance and as a committee  member on the Mat-Su Fish and                                                               
Game  Advisory  Committee.    He  said  he  has  participated  in                                                               
numerous BOF meetings.  While  he acknowledged Mr. Johnstone as a                                                               
professional who runs a great  meeting, he said he disagrees with                                                               
Mr. Johnstone's vote  on the Chitina Dipnet Fishery.   He offered                                                               
his  belief  that vote  went  against  the  core value  that  all                                                               
Alaskans  are  subsistence  users  given  that  many  people  had                                                               
established a history  of fishing in that fishery for  years.  He                                                               
suggested  that may  be his  own philosophy,  but many  people he                                                               
knows share this core value.   While Mr. Johnstone seemed fair in                                                               
a  number  of  his  decisions,   the  previously  mentioned  core                                                               
principle is  lacking.  He  emphasized that Alaskans  should come                                                               
first over commercial fishing use.   He preferred to have someone                                                               
serve on the board that will  hold the core values and principles                                                               
that Alaskans come first as subsistence users.                                                                                  
                                                                                                                                
6:05:47 PM                                                                                                                    
                                                                                                                                
ROLAND MAW observed that some  suitability issues have arisen and                                                               
he finds Mr. Johnstone short with  members of the public.  He has                                                               
also  observed rather  loud discussions  arise in  the community.                                                               
He  reiterated that  suitability  issues have  arisen during  Mr.                                                               
Johnstone's current tenure and he  does not appear to be tolerant                                                               
of  some input  from residents.    He suggested  that while  some                                                               
suitability  and  temperament  issues  exist,  if  Mr.  Johnstone                                                               
doesn't  repeat  this behavior  it  could  result in  a  positive                                                               
experience in the  future.  He questioned,  given the temperament                                                               
issues, whether Mr. Johnstone should serve a second term.                                                                       
                                                                                                                                
6:07:20 PM                                                                                                                    
                                                                                                                                
MIKE  CRAWFORD stated  he  is  the current  chair  of the  Kenai-                                                               
Soldotna  Fish and  Game  Advisory Committee  and  serves as  the                                                               
president of the  Safari Club on the Kenai  Peninsula; however he                                                               
is  speaking  on  behalf  of  himself today.    He  has  attended                                                               
numerous  Board of  Fisheries and  Board  of Game  meetings.   He                                                               
indicated he has  found Mr. Johnstone well  prepared for meetings                                                               
and his legal, sport fish,  and commercial fishing background are                                                               
beneficial.   Further, he runs  an organized, direct,  and timely                                                               
meeting and  makes himself available  before, during  breaks, and                                                               
after the  meetings.  He said  Mr. Johnstone has done  a good job                                                               
and he  would like to  see him continue on  the BOF.   He offered                                                               
his support  for the reappointment  of Mr. Karl Johnstone  to the                                                               
BOF.                                                                                                                            
                                                                                                                                
6:08:22 PM                                                                                                                    
                                                                                                                                
JOE CONNERS  stated he has lived  on the Kenai River  at Sterling                                                               
for the last forty  years.  He said he is a  lodge owner and runs                                                               
a charter  business.   He related he  has participated  in nearly                                                               
all the  committees and  activities for  the last  35 years.   He                                                               
said  he   has  been  extremely  pleased   with  Mr.  Johnstone's                                                               
demonstrated behavior  to date.   He likes his  analytical skills                                                               
and  that he  "cuts to  the  chase."   He described  him as  very                                                               
knowledgeable.  He  spoke in support of the  reappointment of Mr.                                                               
Karl Johnstone to the BOF, simply based on his behavior.                                                                        
                                                                                                                                
6:09:31 PM                                                                                                                    
                                                                                                                                
MONTY ROBERTS stated  he has a number of groups  he supports, but                                                               
he would stick  to making comments on his  observations about Mr.                                                               
Johnstone's service  on the BOF.   He related that  Mr. Johnstone                                                               
knows the issues  and makes balanced and  fair decisions, whether                                                               
the decisions were  in his favor or not.   He offered his support                                                               
for the reappointment of Mr. Karl Johnstone to the BOF.                                                                         
                                                                                                                                
6:10:34 PM                                                                                                                    
                                                                                                                                
DAVID   GOGGIA,  President,   Kenai   River  Professional   Guide                                                               
Association (KRPGA), stated he is  a longtime Kenai resident.  He                                                               
echoed  the  earlier  testimony  with  respect  to  the  positive                                                               
influence Mr. Johnstone has had on  the BOF.  He described him as                                                               
easy  to talk  to, accessible,  and knowledgeable.   He  said the                                                               
board would  be at a loss  if Mr. Johnstone was  not reappointed.                                                               
He concluded  by stating  he would  appreciate members'  vote and                                                               
support for the reappointment of Mr. Karl Johnstone to the BOF.                                                                 
                                                                                                                                
6:11:22 PM                                                                                                                    
                                                                                                                                
STAN MALCOM, Member, Petersburg  Charter Boat Association (PCBA),                                                               
offered  his support  for the  reappointment and  confirmation of                                                               
Mr. Karl Johnstone  to the BOF.   He said he has  attended all of                                                               
Southeast  Alaska's BOF  meetings since  Mr. Johnstone  was first                                                               
appointed  to the  BOF  and  has no  doubt  that Mr.  Johnstone's                                                               
primary concern is  for the long term sustainability  of our fish                                                               
resources.    He noted  that  how  the department  manages  those                                                               
resources   does  not   result  in   Mr.  Johnstone's   automatic                                                               
endorsement of  their recommendations.   His  professionalism and                                                               
how he  conducts the board  process as chair  is the best  he has                                                               
seen  during  his  attendance  of  over  20  years  of  Board  of                                                               
Fisheries  meetings.   He described  Mr. Johnstone's  approach to                                                               
decision  making  as  fair and  reasoned  regarding  the  state's                                                               
resources and management,  as well as how  those decisions affect                                                               
different user groups.   He offered his belief that  it will be a                                                               
loss for the state if Mr. Johnstone is not confirmed.                                                                           
                                                                                                                                
6:12:51 PM                                                                                                                    
                                                                                                                                
RICKY  GEASE,   Executive  Director,  Kenai   River  Sportfishing                                                               
Association (KRSA), related that the  KRSA is a nonprofit fishery                                                               
conservation  organization  in  Soldotna.     He  has  personally                                                               
attended  many BOF  meetings in  the  Cook Inlet  and around  the                                                               
state.  He offered the  KRSA's full support for the reappointment                                                               
of Karl  Johnstone to the BOF.   He related that  Mr. Johnstone's                                                               
judicial background  and training  are evident  when it  comes to                                                               
seeking  and   eliciting  input   on  the   differing  viewpoints                                                               
proposals that  come before the  BOF.   He said Mr.  Johnstone is                                                               
well  prepared,  in fact,  he  has  not  seen a  better  prepared                                                               
member.   He  related a  scenario during  which several  weeks of                                                               
meetings were held  on an issue in Cook Inlet.   He surmised that                                                               
Mr.  Johnstone  was  the  only  board  member  who  read  through                                                               
thousands  of  pages  of  materials.     Further,  he  found  Mr.                                                               
Johnstone approachable  and interested  in feedback  and opinions                                                               
of the user groups.                                                                                                             
                                                                                                                                
MR. GEASE said  he has noticed Mr. Johnstone's  approach as board                                                               
chair.  First, Mr. Johnstone has set  up a process for the BOF to                                                               
use on contentious  issues.  Second, he has  worked to reconsider                                                               
policies and  procedures with respect  to conflicts  of interest.                                                               
Third,  he  has  built  a  record  of  decision-making  into  the                                                               
process.   He  provided an  example of  record building,  such as                                                               
when a regulation  was adopted, but the regulation  was not based                                                               
on language  approved by the board.   The record and  BOF's audio                                                               
for the meeting was reviewed and  in doing so it was evident that                                                               
the  clearest  discussion  came  from  Mr.  Johnstone's  thorough                                                               
testimony  since  Mr.  Johnstone went  line-by-line  through  the                                                               
proposals to clarify  with the department and  legal exactly what                                                               
was meant.   He said the outcome was the  regulation was appealed                                                               
to  the  commissioner  and  the  BOF.   He  reiterated  that  Mr.                                                               
Johnstone is thorough, well prepared,  and his legal expertise is                                                               
a  bonus to  the board.   Further,  his background  in commercial                                                               
fisheries,  personal use,  and sport  fishing is  very important.                                                               
He characterized the BOF as a  difficult board on which to serve,                                                               
noting many people underestimate  the time, effort, and intensity                                                               
that it takes  to work through the board process.   He considered                                                               
Mr. Johnstone BOF's service the gold standard.                                                                                  
                                                                                                                                
6:16:42 PM                                                                                                                    
                                                                                                                                
REUBEN HANKE stated he and his  wife own a business on the Kenai.                                                               
He said he has had the  pleasure of working with Mr. Johnstone in                                                               
Cook Inlet meetings as well as  observing him during the Board of                                                               
Fisheries  meetings.    He  said  he  finds  Mr.  Johnstone  very                                                               
approachable before,  during breaks, and after  every meeting and                                                               
he makes himself  very accessible to people.  He  agreed with Mr.                                                               
Gease that Mr.  Johnstone has been working  to establish policies                                                               
and  procedures that  contribute  to the  transparency, which  is                                                               
important to the public process.                                                                                                
                                                                                                                                
6:18:17 PM                                                                                                                    
                                                                                                                                
ANDY  SZCZESNY, Member,  Board of  Directors,  Kenai River  Guide                                                               
Academy (KRGA),  stated he  is a  former BOF  member.   He stated                                                               
everyone  has already  stated all  of the  good things  about Mr.                                                               
Johnstone.  He said he is  one of the brightest and most prepared                                                               
members he  has seen in  20 years.  He  spoke in support  for the                                                               
reappointment of Mr. Karl Johnstone to the BOF.                                                                                 
                                                                                                                                
6:18:41 PM                                                                                                                    
                                                                                                                                
MIKE  KRAMER  spoke  in  support of  the  reappointment  of  Karl                                                               
Johnstone  to  the BOF.    He  echoed  former member  Mr.  Delo's                                                               
comments  about a  board member's  second term  since the  member                                                               
will have  gone through the  complete cycle of proposals  and can                                                               
better  understand  the fisheries  in  the  state.   He  said  he                                                               
doesn't always agree with Mr.  Johnstone, but he appreciates some                                                               
of  the procedural  changes he  has made  on the  BOF, which  has                                                               
resulted in more efficient and  transparent meetings.  He offered                                                               
his  belief that  Mr. Johnstone  is a  leader on  the board.   He                                                               
concluded  by   reiterating  his  support  for   Mr.  Johnstone's                                                               
reappointment to the BOF.                                                                                                       
                                                                                                                                
6:19:35 PM                                                                                                                    
                                                                                                                                
HOLLY VANPELT  stated she is a  38-year resident of Alaska.   She                                                               
has  previously participated  in the  charter industry;  however,                                                               
she is  currently a recreational angler.   She said she  has also                                                               
testified  and   attended  numerous  fisheries  meetings.     She                                                               
stressed  the importance  that a  person serving  on a  decision-                                                               
making  process  be diligent,  informed,  and  put the  resources                                                               
first.  She said she listened  to today's testimony and found the                                                               
predominate view to be that Mr.  Johnstone is a well informed and                                                               
well-respected person,  as well  as an  efficient handler  of the                                                               
process.  She concluded that she  would like to see Mr. Johnstone                                                               
reappointed to achieve a transparent and well-functioning BOF.                                                                  
                                                                                                                                
6:20:43 PM                                                                                                                    
                                                                                                                                
HEATH  HILYARD,  Executive   Director,  SouthEast  Alaska  Guides                                                               
Organization  (SEAGO), echoed  earlier remarks.   He  offered the                                                               
SEAGO's  unqualified support  for the  reappointment of  Mr. Karl                                                               
Johnstone to  the BOF.  He  related a personal experience  he had                                                               
in March 2012,  attending his first BOF meeting  as the executive                                                               
director of SEAGO.  While he  was fortunate to have other members                                                               
advise him,  Mr. Johnstone provided  feedback to better  help him                                                               
understand  the process.   He  recalled  one particular  proposal                                                               
that SEAGO proposed with respect  to changes in the allocation of                                                               
commercial  rockfish  in Southeast  Alaska.    He approached  Mr.                                                               
Johnstone regarding  the merits  of the proposal.   He  found Mr.                                                               
Johnstone  listened intently,  but  Mr.  Johnstone made  comments                                                               
that  he did  not find  sufficient  evidence in  the proposal  to                                                               
warrant  reallocation at  this  time.   He  has  also viewed  his                                                               
action  on  other  proposals  and   in  each  one  Mr.  Johnstone                                                               
demonstrated  his   deference  to  scientific  support   for  the                                                               
fisheries.   He  echoed  earlier comments  about Mr.  Johnstone's                                                               
preparedness  and   engagement.     He  concluded   with  SEAGO's                                                               
wholehearted  support for  Mr. Johnstone's  reappointment to  the                                                               
BOF.                                                                                                                            
                                                                                                                                
6:23:17 PM                                                                                                                    
                                                                                                                                
GEORGE PIERCE stated his opposition  for the reappointment of Mr.                                                               
Karl  Johnstone  to  the BOF.    He  said  the  BOF needs  to  be                                                               
investigated.    He  expressed concerns  about  special  interest                                                               
groups serving on the board and  noted one reason people want Mr.                                                               
Johnstone  to continue  to  serve is  that they  all  agree.   He                                                               
suggested  that scientists  and  biologists should  serve on  the                                                               
fish board.   He offered  his belief  that fish guides  have been                                                               
representing  their   own  interests.    He   questioned  whether                                                               
residents have been  heard from at this hearing  and how informed                                                               
Mr. Johnstone could be if he only  lives in Alaska part time.  He                                                               
recalled  that the  sport  fishing guides  all  testified on  Mr.                                                               
Johnstone's  behalf.   He  suggested that  the  system should  be                                                               
broken up.   He testified several  years ago on the  personal use                                                               
fishery, which  he characterized as  a bad fishery.   He declared                                                               
it to be  overfished.  He noted that it  kills the habitat, kills                                                               
people,  and the  BOF doesn't  address this  issue.   He surmised                                                               
that the BOF  does not look out for the  residents of Alaska, but                                                               
looks out for special interest groups.                                                                                          
                                                                                                                                
MR.  PIERCE referred  to an  earlier comment  that Mr.  Johnstone                                                               
[and other  board members are] "wined  and dined."  He  said, "We                                                               
don't need them  wined and dined."  He suggested  the BOF members                                                               
currently  have  lunch  and barbeques  with  the  sports  fishing                                                               
organizations.   He  also said,  "We need  scientists, gentlemen,                                                               
and  it's up  to you  to break  this chain."   The  board members                                                               
should be available for 12 months out  of the year.  He urged the                                                               
committee  to withhold  the advancement  of this  appointee.   He                                                               
concluded  the  state  doesn't need  judges  to  make  fisheries'                                                               
decisions;   instead,  we   need  biologists   and  someone   who                                                               
represents Alaskans  to make  them.  He  asked members  to change                                                               
this cycle and get someone on  the BOF that will do what's right.                                                               
He expressed frustration that the BOF  will not meet on the Kenai                                                               
Peninsula even  though ninety percent of  proposals are generated                                                               
from the area.   He questioned why  the BOF does not  meet on the                                                               
Kenai Peninsula, which  he characterized as a "slap  in the face"                                                               
to the residents  on the Kenai Peninsula  who are disenfranchised                                                               
unless they go to Anchorage  or Ketchikan to attend BOF meetings.                                                               
He  concluded  by  stating  that   special  interest  groups  are                                                               
controlling the [BOF.]                                                                                                          
                                                                                                                                
6:27:04 PM                                                                                                                    
                                                                                                                                
CHAIR  THOMPSON  closed  public  testimony  on  the  confirmation                                                               
hearing for Mr. Johnstone to the BOF.                                                                                           
                                                                                                                                
6:27:18 PM                                                                                                                    
                                                                                                                                
CHAIR  THOMPSON announced  that  the House  Special Committee  on                                                               
Fisheries  has  reviewed  the qualifications  of  the  governor's                                                               
appointees referred to the House Special Committee on Fisheries.                                                                
                                                                                                                                
REPRESENTATIVE THOMPSON  moved to  advance the  confirmations for                                                               
the  appointees  and   to  forward  the  names   of  Mr.  Orville                                                               
Huntington and Mr. Karl Johnstone on  to the joint session of the                                                               
legislature for  confirmation by  the full body.   He  noted that                                                               
each  member's signature  on  the committee's  report  in no  way                                                               
reflects  the  member's  vote during  the  joint  floor  session.                                                               
There being no objection, the confirmations were advanced.                                                                      
                                                                                                                              
6:27:48 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Fisheries  meeting was  adjourned at  6:27                                                               
p.m.                                                                                                                            

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