Legislature(2007 - 2008)BARNES 124
03/28/2007 08:30 AM House FISHERIES
| Audio | Topic |
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| Start | |
| HB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
March 28, 2007
8:41 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Kyle Johansen
Representative Craig Johnson
Representative Gabrielle LeDoux
Representative Peggy Wilson
Representative Bryce Edgmon
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 189
"An Act relating to the policy for management of sustainable
salmon fisheries."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 189
SHORT TITLE: MGMT OF SUSTAINABLE SALMON FISHERIES
SPONSOR(s): REPRESENTATIVE(s) STOLTZE
03/12/07 (H) READ THE FIRST TIME - REFERRALS
03/12/07 (H) FSH, RES
03/26/07 (H) FSH AT 8:30 AM BARNES 124
03/26/07 (H) -- MEETING CANCELED --
03/28/07 (H) FSH AT 8:30 AM BARNES 124
WITNESS REGISTER
REPRESENTATIVE BILL STOLTZE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as prime sponsor of HB 189.
BEN MULLIGAN, Staff
to Representative Bill Stoltze
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on HB 189.
RICKY GEASE, Executive Director
Kenai River Sportfishing Association
Kenai, Alaska
POSITION STATEMENT: Testified on HB 189.
VIRGIL UMPHENOUR, Member
Fairbanks Advisory Council
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 189.
LARRY INGLE, Fishery Biologist
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 189.
ACTION NARRATIVE
[Due to technical difficulties, the initial recording was
stopped and restarted. No loss of testimony resulted.]
CHAIR PAUL SEATON called the House Special Committee on
Fisheries meeting to order at 8:41:00 AM. Representatives
Seaton, Johnson, LeDoux, and Edgmon were present at the call to
order. Representatives Wilson, Johansen, and Holmes arrived as
the meeting was in progress.
HB 189-MGMT OF SUSTAINABLE SALMON FISHERIES
8:41:09 AM
CHAIR SEATON announced that the only order of business would be
HOUSE BILL NO. 189, "An Act relating to the policy for
management of sustainable salmon fisheries."
8:41:16 AM
REPRESENTATIVE BILL STOLTZE, Alaska State Legislature, offered a
brief background on the adoption of the sustainable fisheries
policy, by the Board of Fisheries (BOF) in 2000. This policy,
he stated, has proved to garner major support as well as
opposition since its inception. He opined that it is important
to maintain sustainable fisheries in this state, and said that
his bias to this measure stems from living at the terminus of a
fishery. He expressed concern that the terminus fishermen have
been neglected, considering the emphasis that is provided to
other use groups.
CHAIR SEATON agreed that sustainability is important to the
salmon fisheries.
8:46:25 AM
REPRESENTATIVE LEDOUX asked how this bill differs from present
policy.
REPRESENTATIVE STOLTZE deferred to his staff member.
8:46:59 AM
BEN MULLIGAN, Staff to Representative Bill Stoltze, Alaska State
Legislature, stated that by placing the policy in statute the
department is held "a little more accountable" than the leeway
that is allowed by departmental regulation.
REPRESENTATIVE LEDOUX inquired what accountability this bill
would effect.
MR. MULLIGAN responded that a blatant infraction could be
challenged through statute by a citizen. It would also allow a
constituent to appeal to their legislator for support.
8:48:50 AM
REPRESENTATIVE JOHANSEN inquired whether the policy has been
amended since 2000.
MR. MULLIGAN stressed the need for an underlying statutory
structure to the board policy and departmental regulation.
REPRESENTATIVE STOLTZE said that putting statute forward is in
response to public pressure regarding sustainable fisheries from
regions across the state. The initiative method is an option,
but, he opined, not necessarily the best means. He stated that
he respects the resource more than the user.
8:51:41 AM
REPRESENTATIVE LEDOUX inquired what effects this law would have
had on specific situations of the last five years, had it been
in place.
MR. MULLIGAN stated that that question cannot be answered until
the law is enacted and applied.
REPRESENTATIVE LEDOUX asked what problem is needing to be fixed
by implementing this bill.
MR. MULLIGAN provided an example of the Upper Cook Inlet
escapement goals for sockeye salmon, which have not been met in
the last four out of five years. He stressed that the this
issue has not been appropriately addressed by the department.
8:53:34 AM
REPRESENTATIVE JOHNSON observed that this bill would put into
statute current BOF policies.
MR. MULLIGAN stated that the core principals of the BOF policies
were identified to come under statute, upon which the
departmental regulation could then be based.
REPRESENTATIVE JOHNSON asked what impacts will the bill have on
current regulation.
MR. MULLIGAN responded that regulations would require
modification and adoption of additional regulations. However,
he said the policy is "already fleshed out in regulation."
8:55:01 AM
CHAIR SEATON offered his understanding of the impact this bill
would have on the example provided: Given a weak stock return
to the far reaches of the Upper Cook Inlet, citizens could
legally challenge the lower fisheries, possibly closing down all
commercial fishing, to allow for escapement goals.
MR. MULLIGAN directed attention to page 2 section 3 of the bill,
and stated than an option could be to develop an action plan for
stocks of concern to better understand the reason for the
depletion. It would not necessarily require an immediate
shutdown of a fishery, but it may create "windows" or time
restrictions on some fisheries. Without taking these measures a
stock could be depleted further up the waterway.
8:57:11 AM
CHAIR SEATON stressed that what has been described is currently
being implemented, based on the board's existing policy. By
putting the policy into statute, he opined, the public will be
allowed an additional layer of citizen "complaint, or override."
MR. MULLIGAN stated that it would allow the citizenry an
opportunity to redress the government. He pointed out that the
low escapement in the Upper Cook Inlet has been an ongoing
issue; however, getting ADF&G to recognize this as a concern
"took years."
8:58:57 AM
REPRESENTATIVE JOHANSEN asked:
Is this new ground ... [has] any policy by the BOF or
Board of Game, for management of any fishery or game
stock, ... been codified in any other place in the
state?
MR. MULLIGAN stated that he could provide that information to
the committee.
8:59:31 AM
CHAIR SEATON said that the legislature has been working to give
the BOF managerial flexibility. Providing some examples of
those efforts, he suggested that this bill appears to be counter
to that tact.
MR. MULLIGAN assured the committee that citizens have considered
pursuing the petition process. Because these issues are not
being addressed by the board, the constituents have asked for
the possibility of addressing it at the statutory level.
CHAIR SEATON related that this may effect the commissioner's
ability to act as the designated emergency order authority to
manage in-season fisheries and asked what consequences have been
considered in that regard.
MR. MULLIGAN agreed to provide the committee with that
information.
9:03:10 AM
REPRESENTATIVE WILSON requested more in-depth information
regarding how this bill may change current practices and thus
impact the entire state.
CHAIR SEATON reminded the committee that his intention is to
take public testimony, and hold the bill in committee for
further consideration.
9:04:21 AM
CHAIR SEATON opened public testimony.
9:04:36 AM
RICKY GEASE, Executive Director, Kenai River Sportfishing
Association, stated that the sustainable salmon policy is
"great" for Alaska, given the goals of: insuring the
conservation of salmon and the required marine aquatic habitat;
protection of customary, traditional, and other fishery uses;
and sustaining the health of fishing communities. Outlining the
policy he stated that it took "a long time" to get this into
regulation. He reported that there have been board level
discussions, involving the Department of Law (DOL), of how other
policies are put into regulation. It is incumbent on the
legislature to provide authority to the BOF to have this type of
policy placed into regulation; the current trout policy provides
a precedent case. He pointed out that, at the most recent BOF
meeting, discussion indicated that there are other regulations
tied to the sustainable salmon fishery policy as well. These
discussions led to the legal question of whether policies can be
put into regulation, or need too stand alone to guide
regulations established by the board. The importance of
"locking-in" this policy, he said, is to qualify commercial
fisheries as certifiably sustainable by the Marine Stewardship
Council (MSC), for this emerging market. The diligence of
regulating a sustainable harvest vs. having "an ignored" policy
is scrutinized by the MSC. He emphasized the need to provide
the BOF with the "tools and security" that this regulation will
stay in place, and that the legal ground is firm in this regard.
9:08:17 AM
CHAIR SEATON asked Mr. Gease to clarify his position on HB 189.
MR. GEASE declined to take a stance on the bill but underscored
the need for the legal question to be answered. Following the
satisfaction of the legal question and depending on the outcome,
he recommended that the board's authority to regulate the policy
be emphasized, or the issue be placed into statute.
9:09:15 AM
VIRGIL UMPHENOUR, Member Fairbanks Advisory Council, stated that
he was a BOF member who worked on developing, and placing into
regulation, the sustainable salmon policy. The need for this
policy was prompted due to the way in which departmental
management policies were being interpreted in the different
regions regarding management and conservation concerns. Thus
the sustainable policy was developed over a four year period,
which included public meetings and committee input. He opined
that this regulation should be entered into statute, as a policy
can be ignored by the BOF. He cited the Yukon River king salmon
concern of 2001, as an example of how this can happen and result
in the miss-management of a fishery. From HB 189, page two
(c)(3), he read, "diversity shall be maintained to the maximum
extent possible at the genetic, population, species, and
ecosystem levels." The genetics of the eight year old king
salmon are extinct in the Yukon River today, because, he opined,
this language was not in statute to afford the necessary
protection. If this bill passes, genetic diversity would need
to be managed, possibly saving the Yukon River seven year old
king salmon from extinction.
9:14:01 AM
REPRESENTATIVE LEDOUX requested clarity regarding the concept of
genetic diversity and the difference between salmon aged at six,
seven, or eight years.
MR. UMPHENOUR explained that the genetic make-up is what brings
fish back to the spawning grounds at different years of age. To
a follow-up question, he said that king salmon return between
the ages of three and eight. He outlined the spawning process
which leads to the further gene propagation leading to the age
return of the offspring.
9:15:30 AM
CHAIR SEATON stated his concern that implementing this bill
could result in a citizenry closing of a fishery, and questioned
whether that would be beneficial from a BOF perspective.
MR. UMPHENOUR directed attention to the bill, page 2 (d)(3),
which states that an action plans shall be developed for stocks
of concern. Further, he said, these types of plans would
include options for a targeted fishery, and may be as simple as
requiring the fishnet web size be altered; not necessarily
closing a fishery.
CHAIR SEATON maintained his concern that the language contained
in the bill may leave the state open to a law suit.
9:18:27 AM
REPRESENTATIVE WILSON observed that, in the example provided,
every precaution could be taken, and the Yukon River eight year
salmon may still not improve in numbers.
MR. UMPHENOUR stressed that recovery is based on controlling
which fish escape back to the spawning ground, and a plausible
good fishing practices plan of methods and means, could be
devised to ensure proper escapement.
9:19:16 AM
LARRY INGLE, Fishery Biologist, as a three term past BOF member,
provided incites into the development of the existing
subsistence policy; reiterating the thorough, statewide review
that resulted in the policies that were adopted in 2000.
Following the policy adoption, regulations were written to Title
V, of the ADF&G code; an additional three year process. Shortly
after adoption, acclaim was received at the federal level with
an award from the Western Association of Fish and Wildlife
Agencies. He opined that the most important aspect of the
current policy is that it requires both the BOF and ADF&G to
follow a systematic process in evaluating the health of salmon
throughout the state; he read the requirements of the policy to
that respect. It has been his experience, as a board member and
retired biologist, that the policy works well. Until recently,
with the rise of concerns by various stakeholders and threats of
legal actions, it has not been important to have this policy
written in statute. However, he opined, given these attacks, it
would be appropriate to place it in statute, and not leave the
policies fate entrusted to four BOF members.
9:26:57 AM
CHAIR SEATON summarized his understanding of the testimony to be
that the BOF should not be able to modify management plan
details, in the future, and the legislature should remove the
board's authority to address elements of these policies.
MR. INGLE stated not at all. The existing policy in regulation
should be subject to change and adjustment by the BOF. That is
the practice and it works well. However, if the entire policy,
the implementation, and the statewide systematic approach of
evaluating the salmon stocks, was in jeopardy of retraction by
the BOF, then he would support a statutory approach to preserve
the policy.
9:28:42 AM
CHAIR SEATON clarified that this bill would take the current
workable model out of the hands of the BOF, removing the board's
flexibility of management.
9:29:05 AM
CHAIR SEATON announced that the bill would be taken up again to
allow for further public testimony.
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 9:30
a.m.
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