Legislature(1995 - 1996)
03/08/1995 05:03 PM House FSH
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON FISHERIES
March 8, 1995
5:03 p.m.
MEMBERS PRESENT
Representative Alan Austerman, Chairman
Representative Gary Davis
Representative Kim Elton
Representative Scott Ogan
MEMBERS ABSENT
Representative Carl Moses, Vice Chair
COMMITTEE CALENDAR
Confirmation Hearing for Frank Rue, Commissioner
Designee, Alaska Department of Fish and Game.
CONFIRMATION ADVANCED
HJR 23: Relating to the Western Alaska Community Development
Quota Program and the North Pacific Fishery Management
Council Comprehensive Rationalization Program.
PASSED OUT OF COMMITTEE
WITNESS REGISTER
FRANK RUE, Commissioner Designee
Alaska Department of Fish and Game
Post Office Box 25526
Juneau, Alaska 99811
Telephone: 465-4100
POSITION STATEMENT: Presented brief statement and resume
GORDON JENSEN
Post Office Box 264
Petersburg, Alaska 99833
Telephone: 772-4705
POSITION STATEMENT: Supported Frank Rue's confirmation
DALE BONDURANT
HC 1, Box 1197
Soldotna, Alaska 99669
Telephone: 262-0818
POSITION STATEMENT: Expressed Concerns about Frank Rue's
confirmation
BEN ELLIS, Executive Director
Kenai River Sport Fishing
Post Office Box 1228
Soldotna, Alaska 99669
Telephone: 262-8588
POSITION STATEMENT: Supported Frank Rue's confirmation
AL FRANZMANN
Post Office Box 666
Soldotna, Alaska 99669
Telephone: 262-4107
POSITION STATEMENT: Expressed Concerns about Frank Rue's
confirmation
STOSH ANDERSON
Post Office Box 310
Kodiak, Alaska 99615
Telephone: 486-3673
POSITION STATEMENT: Supported Frank Rue's confirmation
OLIVER HOLMES
Area K Seiners Association
Post Office Box 3865
Kodiak, Alaska 99615
Telephone: 486-6957
POSITION STATEMENT: Supported Frank Rue's confirmation
LARRY MALLOY, Executive Director
Kodiak Regional Aquaculture Association
Post Office Box 2407
Kodiak, Alaska 99615
Telephone: 486-6555
POSITION STATEMENT: Supported Frank Rue's confirmation
KRIS NOROSZ, Executive Director
Petersburg Vessel Owners Association
Post Office Box 232
Petersburg, Alaska 99833
Telephone: 772-9323
POSITION STATEMENT: Supported Frank Rue's confirmation
DEAN PADDOCK
Bristol Bay Driftnetters Association
Post Office Box 21951
Juneau, Alaska 99802
Telephone: 463-4970
POSITION STATEMENT: Supported Frank Rue's confirmation
JOHN WALSH, Aide
Representative Richard Foster
State Capitol, Room 410
Juneau, Alaska 99801
Telephone: 465-3789
POSITION STATEMENT: Provided sponsor statement for HJR 23
PREVIOUS ACTION
BILL: HJR 23
SHORT TITLE: COMMUNITY DEVELOPMENT FISHING QUOTAS
SPONSOR(S): REPRESENTATIVE(S) AUSTERMAN,Ivan,Foster,Finkelstein
JRN-DATE JRN-PG ACTION
01/25/95 129 (H) READ THE FIRST TIME - REFERRAL(S)
01/25/95 129 (H) FSH, L&C
01/30/95 180 (H) COSPONSOR(S): FINKELSTEIN
02/08/95 (H) FSH AT 05:00 PM CAPITOL 124
02/08/95 (H) MINUTE(FSH)
03/08/95 (H) FSH AT 05:00 PM CAPITOL 124
ACTION NARRATIVE
TAPE 95-16, SIDE A
Number 000
The House Special Committee on Fisheries was called to order by
Chairman Alan Austerman at 5:03 p.m. Members present at the call
to order were Representatives Austerman, Elton and Ogan. The
meeting was on teleconference with Kodiak, Kenai/Soldotna and
Petersburg.
Number 036
HFSH - 03/08/95
CONFIRMATION HEARING - ADF&G COMMISSIONER DESIGNEE, FRANK RUE
FRANK RUE, Commissioner Designee, Alaska Department of Fish and
Game (ADF&G), gave an opening statement. Mr. Rue conveyed his deep
caring and belief in the mission of ADF&G. The main mission of the
ADF&G, he stated is, "To leave the resource in better shape, than
it was when we found it, and make sure it's available for people to
use and enjoy." He indicated that he has been with the department
for about seven years as the Director of Habitat.
He emphasized, "One of the strengths I think I bring to the job is
my management style. My ability to work with people, both within
the department, as well as various interests and outside the
department." He went on to note that a fundamental part of
management is respecting the views of other people. He asserted,
"Part of respecting people's view is listening, because you don't
always have the idea, the only idea, the only solution. And that
is something I will continue to do as commissioner; listen to the
staff, listen to the people of Alaska who care about these
resources and use them." He further avowed, "I believe it's
critical that the department bring both to the legislature and the
public, the best information we can."
Number 136
CHAIRMAN AUSTERMAN indicated that some concerns have been raised to
him, that Mr. Rue might have a tendency towards habitat protection,
rather than allowing other resources to be developed, as some
people would like to see.
MR. RUE responded that he certainly couldn't guarantee that he
would agree with everyone on how the resources should be
development within the state. He added, "I believe that what we
want to achieve in Alaska, is a balance among our resources." He
felt that the Division of Habitat has not stood in the way of
resource development.
MR. RUE emphasized, "If the ADF&G raises a concern, we ought to be
very clear about the level of our concern and the basis for our
concern." He further commented, "I'm not against development, but
I would like to see it happen in a way that maintains other
resources."
Number 202
REPRESENTATIVE KIM ELTON commented that some of the more difficult
decisions that government has, deals with balancing the needs of
different resource industries. He added that Mr. Rue, by working
with three different Administrations, has demonstrated an ability
to work with people.
Number 230
GORDON JENSEN testified via teleconference from Petersburg,
strongly supporting Mr. Rue for the ADF&G commissioner. He hoped
that the legislature doesn't play politics with the appointments of
commissioners.
Number 252
DALE BONDURANT testified via teleconference from Soldotna, raising
some concerns about this confirmation and the need for some
questions to be answered. He declared, "Since the federal
subsistence law and their board's management regulations are not in
compliance with Alaska's Constitution, Article 1, Section 1, and
Article 8; equality under the law and common use and no (indisc.)
privilege for provisions. I ask, under what justification can the
state employees be used to support, regulate or enforce these
regulations? Further, since a very large percentage of the ADF&G
is funded by federal Dingell-Johnson and Pittman-Robertson grants,
which results from specific excise taxes paid on sports, fishing
and hunting equipment. How can the state legally use these monies
and the necessary matching funds for fish and game management of
the resources, which are closed to equal use by so called sport
users? I believe an injunction against future use and an audit of
past use of these specific funds are in order. When will Alaska
quit paying to furnish information of support to the enemy, who
violates state Constitution provisions of equal consideration for
the mass majority of Alaskans?"
CHAIRMAN AUSTERMAN suggested that all teleconference participants
be heard first and then Mr. Rue can respond to any questions
raised.
Number 286
BEN ELLIS, Executive Director, Kenai River Sport Fishing, testified
via teleconference from Soldotna, in support of Mr. Rue's
confirmation. He conveyed, "We have found him to be knowledgeable
towards fishery issues. A professional who knows how to work with
the staff and public and especially a person who seeks consensus to
difficult resolutions." Mr. Ellis further stated, "He was the
department's lead in negotiating and securing passage of the Forest
Practices and Mining Reclamation Act."
Number 325
AL FRANZMANN testified via teleconference from Soldotna, with
concerns and a specific question for Mr. Rue. In reference to the
altered report on the wolf kill investigation, Mr. Franzmann had a
concern about how Mr. Rue may deal with other controversial issues.
He asked, "Can we expect more wolf-gates during your tenure?"
Number 340
STOSH ANDERSON testified via teleconference from Kodiak, strongly
supporting Mr. Rue's appointment. He pointed out, "I believe Frank
has a handle on the issues that are before the state and the
department. I believe he'll provide the balanced management of
staff to address these problems."
Number 355
OLIVER HOLMES, Area K Seiners Association, testified via
teleconference from Kodiak, supporting the confirmation of Mr. Rue.
Number 365
LARRY MALLOY, Executive Director, Kodiak Regional Aquaculture
Association, testified via teleconference from Kodiak, supporting
and endorsing Mr. Rue as commissioner of ADF&G. He indicated, "We
were impressed with his abilities to resolving issues of conflict
where fish habitat was involved."
Number 384
KRIS NOROSZ, Executive Director, Petersburg Vessel Owners
Association, testified via teleconference from Petersburg, in full
support of Mr. Rue. She briefly said, "We've worked with Mr. Rue
on habitat issues and have found him to be very open and direct.
He works quite well with the public."
Number 396
DEAN PADDOCK, Bristol Bay Driftnetters Association, testified on
behalf of the association in full support of Mr. Rue's
confirmation. He indicated that people who work for Mr. Rue, think
very highly of him. He said, "I believe that Frank Rue has the
potential to be an outstanding commissioner."
Number 422
MR. RUE responded to Mr. Franzmann about the incident of the wolf
kill. He recounted, "I had very strong concerns with the initial
report that came out on that incident as well. I met with Public
Safety and the staff and I came out with my findings, which I
believe corrected some of the problems with that report. I shared
the concern and went immediately to Fairbanks with Public Safety to
clarify the points that I thought were inaccurate and that were
causing some problems in the public perception, as well as the
staff perception."
MR. RUE indicated that he wasn't prepared to answer Mr. Bondurant's
broad questions because of the time factor involved.
CHAIRMAN AUSTERMAN noted that Representative Davis arrived at 5:28
p.m.
Number 446
REPRESENTATIVE SCOTT OGAN asked Mr. Rue if he would be willing to
work with the Fish and Game Boards, to follow their directions
concerning intensive management.
MR. RUE replied that in general he would follow their direction.
But he went on to say, "What I've been charged to do by the
Governor, is work with the board and the public and see if we can
come up with a predator control policy, which is one aspect of
intensive management." He went on briefly to describe the
components of a successful policy and other segments of intensive
management that are far easier to deal with.
REPRESENTATIVE OGAN posed a hypothetical question for Mr. Rue. He
asked, "If it's determined, that the best way to improve habitat
for moose in a particular area, would be to, maybe, step up logging
efforts, would you have any problems doing that?"
MR. RUE indicated they would make sure the logging was done
correctly to benefit the wildlife and the timber resource.
REPRESENTATIVE OGAN followed up with a question on intensive
management. He asked if in certain circumstances where you have
extremely high predation of young calves, would predator control be
the most cost effective and best way to manage this situation.
MR. RUE asserted that there are times when predators do cause a
problem. A population can be depressed to the point where predator
control will have a significant benefit to both the predator and
the prey population. He wants to work with the Board of Game and
make this a deliberate process. He further stated, "My biggest
concern on this issue is that the various interests will push it to
the point where we'll have to make hasty decisions and it will get
everyone polarized and in their corners."
MR. RUE continued by saying, "I believe the only way, if we do
decide to do predator control, it should be with aircraft. There
is no other efficient, humane way to do it. I think the last
effort in Unit 28 demonstrated that." He emphasized that ADF&G
were going to have to work with people so they understand the
benefits and the biology involved with predator control.
REPRESENTATIVE OGAN commented that the perception exists about
hunters who believe, "The only good wolf is a dead wolf." Some
areas have too many wolves and some units don't have enough," he
said. For the record, he stressed, "We don't want the wolves
killed off in this state, we just would like to achieve a
reasonable balance."
MR. RUE responded that a large minority of Alaskans are hunters.
He observed, "I think we as hunters have a responsibility to make
sure that our activities are done in a way that the rest of the
nonhunting public finds acceptable." He went on to add, "I think
we have to be careful as hunters, not to be too focused and narrow
in our perspective."
REPRESENTATIVE ELTON moved to forward Frank Rue's name to a joint
session of the House and Senate for consideration as the
commissioner of ADF&G.
CHAIRMAN AUSTERMAN hearing no objection, ordered it so moved.
HFSH - 03/08/95
HJR 23 - COMMUNITY DEVELOPMENT FISHING QUOTAS
Number 571
REPRESENTATIVE GARY DAVIS moved to accept committee substitute for
HJR 23 as a working document.
CHAIRMAN AUSTERMAN hearing no objection, placed CSHJR 23(FSH)
before the committee.
JOHN WALSH, Aide to Representative Richard Foster, affirmed they do
support the committee substitute and encouraged passage of this
resolution. He commented that the Community Development Quota
(CDQ) program has brought tremendous economic development potential
and opportunity for development in rural Alaska. This experimental
program comes to an end at the end of this calendar year. He
stated the North Pacific Fisheries Management Council (NPFMC) is
not prepared to establish a permanent regime of comprehensive
rationalization. In order to prolong the current CDQ program, a
proposal is before the council to extend it for three years. He
further stated that the resolution of endorsement would be
appropriate and significant for the NPFMC to have before them at
their June meeting.
Number 612
REPRESENTATIVE ELTON commented that there is probably no single
issue that is more important to Alaskan jobs than the CDQ program.
CHAIRMAN AUSTERMAN acknowledged and agreed with Representative
Elton's comments. The inshore/offshore issue of getting more fish
ashore means jobs to the coastal communities. The CDQ program is
part of that issue and is really a boom to the Bering Sea area.
Number 634
REPRESENTATIVE DAVIS also agreed with the importance of this
program. The CDQ's improve the job and economic base in that area
of the state. He made a motion to move CSHJR 23(FSH) out of
committee, with individual recommendations.
CHAIRMAN AUSTERMAN upon hearing no objections, moved CSHJR 23(FSH)
out of the House Special Committee on Fisheries, with individual
recommendations.
ADJOURNMENT
CHAIRMAN AUSTERMAN adjourned the meeting at 5:45 p.m.
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