Legislature(1997 - 1998)

04/28/1998 02:10 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE RESOURCES STANDING COMMITTEE                                    
                   April 28, 1998                                              
                     2:10 p.m.                                                 
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Representative Bill Hudson, Co-Chairman                                        
Representative Scott Ogan, Co-Chairman                                         
Representative Beverly Masek, Vice Chair                                       
Representative Ramona Barnes                                                   
Representative Fred Dyson                                                      
Representative Joe Green                                                       
Representative William K. (Bill) Williams                                      
Representative Reggie Joule                                                    
Representative Irene Nicholia                                                  
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CONFIRMATION HEARINGS:                                                         
                                                                               
Alaska Commercial Fisheries Entry Commission                                   
                                                                               
     Mary McDowell - Juneau                                                    
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
Board of Game                                                                  
                                                                               
     Robert Churchill - Anchorage                                              
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
Board of Game                                                                  
                                                                               
     Walter Sampson - Kotzebue                                                 
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
Board of Fisheries                                                             
                                                                               
     Dr. John R. White - Bethel                                                
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
Board of Fisheries                                                             
                                                                               
     Russell Nelson - Dillingham                                               
                                                                               
     - CONFIRMATION ADVANCED                                                   
                                                                               
(* First public hearing)                                                       
                                                                               
PREVIOUS ACTION                                                                
                                                                               
No previous action to record                                                   
                                                                               
WITNESS REGISTER                                                               
                                                                               
MARY McDOWELL, appointee                                                       
   to the Alaska Commercial Fisheries Entry Commission                         
555 Hemlock Street                                                             
Juneau, Alaska 99801                                                           
Telephone:  (907) 463-5160                                                     
POSITION STATEMENT: Provided testimony and answered questions of               
                    the committee members regarding her                        
                    confirmation to the Alaska Commercial                      
                    Fisheries Entry Commission.                                
                                                                               
DICK HOFFMAN, President                                                        
Alaska Trollers Association                                                    
130 Seward Street, Suite 505                                                   
Juneau, Alaska 99802                                                           
Telephone:  (907) 586-9400                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Mary McDowell to the Alaska Commercial                     
                    Fisheries Entry Commission.                                
                                                                               
JERRY McCUNE, Representative                                                   
United Fishermen of Alaska                                                     
211 Fourth Street, Suite 112                                                   
Juneau, Alaska 99801                                                           
Telephone:  (907) 586-2820.                                                    
POSITION STATEMENT: Testified in support of the confirmation of                
                    Mary McDowell to the Alaska Commercial                     
                    Fisheries Entry Commission.                                
                                                                               
ROBERT CHURCHILL, appointee                                                    
   to the Board of Game                                                        
3415 Wentworth                                                                 
Anchorage, Alaska 99508                                                        
Telephone:  (907) 279-8927                                                     
POSITION STATEMENT: Provided testimony and answered questions of               
                    the committee members regarding his                        
                    confirmation to the Board of Game.                         
                                                                               
DICK BISHOP, Vice President                                                    
Alaska Outdoor Council                                                         
211 4th Street, Suite 302 A                                                    
Juneau, Alaska 99801                                                           
Telephone:  (907) 463-3830                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Robert Churchill and Walter Sampson to the                 
                    Board of Game; and Dr. White and Russell                   
                    Nelson to the Board of Fisheries.                          
                                                                               
WALTER SAMPSON, appointee                                                      
   to the Board of Game                                                        
P.O. Box 1088                                                                  
Kotzebue, Alaska 99752                                                         
Telephone:  (907) 442-3605                                                     
POSITION STATEMENT: Provided testimony and answered questions of               
                    the committee members regarding his                        
                    appointment to the Board of Game.                          
                                                                               
PATRICK WRIGHT, Chair                                                          
Anchorage Fish and Game Advisory Committee                                     
P.O. Box 90386                                                                 
Anchorage, Alaska 99509                                                        
Telephone:  (907) 279-1340                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Walter Sampson, Robert Churchill and Eric                  
                    Williamson to the Board of Game; and Russell               
                    Nelson to the Board of Fisheries.                          
                                                                               
JOHN R. WHITE, Doctor, appointee                                               
   to the Board of Fisheries                                                   
P.O. Box 190                                                                   
Bethel, Alaska 99559                                                           
Telephone:  (907) 543-2926                                                     
POSITION STATEMENT: Provided testimony and answered questions of               
                    the committee members regarding his                        
                    confirmation to the Board of Fisheries.                    
                                                                               
BEN ELLIS, Executive Director                                                  
Kenai River Sport Fishing Association                                          
P.O. Box 1228                                                                  
Soldotna, Alaska 99669                                                         
Telephone:  (907) 262-8585                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. White and Russell Nelson to the Board of               
                    Fisheries.                                                 
                                                                               
JOE HANES                                                                      
P.O. Box 3132                                                                  
Soldotna, Alaska 99669                                                         
                                                                               
Telephone:  (907) 262-6388                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. White and Russell Nelson to the Board of               
                    Fisheries.                                                 
                                                                               
MYRA OLSEN, Chair                                                              
Lower Bristol Bay Advisory Committee                                           
P.O. Box 74                                                                    
Egegik, Alaska 99579                                                           
Telephone:  (907) 233-2424                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. White and Russell Nelson to the Board of               
                    Fisheries.                                                 
                                                                               
HAZEL NELSON                                                                   
1577 "C" Street, Number 304                                                    
Anchorage, Alaska 99501                                                        
Telephone:  (907) 263-9820                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. White and Russell Nelson to the Board of               
                    Fisheries.                                                 
                                                                               
ALVIN PEDERSEN                                                                 
PO BOX 29                                                                      
CHIGNIK LAGOON, Alaska 99565                                                   
Telephone:  (907) 840-2229                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. White and Russell Nelson to the Board of               
                    Fisheries.                                                 
                                                                               
RICHARD SHARP                                                                  
(Address not provided)                                                         
Chignik, Alaska 99564                                                          
Telephone:  (Not provided)                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. White and Russell Nelson to the Board of               
                    Fisheries.                                                 
                                                                               
TONY GRAGORIO                                                                  
(Address not provided)                                                         
Chignik, Alaska 99564                                                          
Telephone:  (Not provided)                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. White to the Board of Fisheries.                       
                                                                               
REUBEN HANKE                                                                   
P.O. Box 624                                                                   
Soldotna, Alaska 99611                                                         
Telephone:  (907) 262-5097                                                     
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. White and Russell Nelson to the Board of               
                    Fisheries.                                                 
                                                                               
ANDY SZCZESNY                                                                  
198 Hillcrest Avenue                                                           
Soldotna, Alaska 99669                                                         
Telephone:  (907) 262-9439                                                     
                                                                               
POSITION STATEMENT: Testified in support of the confirmation of                
                    Dr. John White to the Board of Fisheries.                  
                                                                               
BILL SULLIVAN                                                                  
P.O. Box 943                                                                   
Kenai, Alaska 99611                                                            
Telephone:  (907) 283-4850                                                     
POSITION STATEMENT: Testified in opposition to the confirmation of             
                    Dr. John White to the Board of Fisheries.                  
                                                                               
GRACIE KENDALL                                                                 
P.O. Box 2523                                                                  
Soldotna, Alaska 99669                                                         
Telephone:  (907) 262-6130                                                     
POSITION STATEMENT: Testified in opposition to the confirmation of             
                    Dr. John White to the Board of Fisheries.                  
                                                                               
RUSSELL NELSON, appointee                                                      
   to the Board of Fisheries                                                   
P.O. Box 190                                                                   
Dillingham, Alaska 99576                                                       
Telephone:  (907) 842-2370                                                     
POSITION STATEMENT: Provided testimony and answered questions of               
                    the committee members regarding his                        
                    appointment to the Board of Fisheries.                     
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-51, SIDE A                                                             
Number 001                                                                     
                                                                               
CO-CHAIRMAN SCOTT OGAN called the House Resources Standing                     
Committee meeting to order at 2:10 p.m.  Members present at the                
call to order were Representatives Hudson, Ogan, Masek, Dyson, and             
Green.  Representatives Williams, Barnes and Joule arrived at 2:15             
p.m., and 2:18 p.m. and 2:18 p.m., respectively.  Representative               
Nicholia arrived sometime after the call to order.                             
                                                                               
CONFIRMATION HEARING                                                           
                                                                               
CO-CHAIRMAN OGAN announced the first order of business was the                 
confirmation hearing of Mary McDowell to the Alaska Commercial                 
Fisheries Entry Commission.                                                    
                                                                               
CO-CHAIRMAN OGAN asked Ms. McDowell to tell the committee members              
why she is qualified for the job.                                              
                                                                               
Number 020                                                                     
                                                                               
MARY McDOWELL, appointee to the Alaska Commercial Fisheries Entry              
Commission, stated there are several important quasi-judicial                  
traits important as a member of the commission.  They include the              
following:  being fair, objective, thorough, committed to due                  
process, understanding and following the law, working well with                
people, and having a solid understanding of Alaska's fisheries.                
She has hands-on experience in fisheries as a small business                   
operator providing fish-buying services to the village of Angoon,              
where she learned about the importance of fisheries to individual              
fishermen and their families.  She also worked 16 sessions for the             
Alaska State Legislature focusing mostly on fisheries issues.  She             
spent four years as the aide to the House Resources Standing                   
Committee and two years as the aide to the Senate Special Committee            
on Fisheries.  Her work with the legislature provided a basic                  
understanding of Alaska's statutes and fish and game policy                    
matters.  In addition, she worked three years with the lieutenant              
governor and governor on fisheries issues which broadened her                  
understanding of the executive branch by working with the                      
Department of Fish and Game and other individuals around the state.            
She has served for about four months now with the commission  and              
has found that her background has prepared her well for the job.               
She is committed to working hard to serve Alaska as a member of the            
commission.                                                                    
                                                                               
CO-CHAIRMAN OGAN announced the arrival of Representative Bill                  
Williams.                                                                      
                                                                               
Number 080                                                                     
                                                                               
CO-CHAIRMAN BILL HUDSON noted that he knew Ms. McDowell when she               
was an aide in the legislature.  He found her to be very thorough              
and professional.  The commission is looking for people who are                
balanced and judicial.  He believes that Ms. McDowell would                    
probably provide those types of services.                                      
                                                                               
Number 089                                                                     
                                                                               
REPRESENTATIVE BILL WILLIAMS noted that Ms. McDowell worked for him            
for two years as aide to the House Resources Standing Committee.               
She was very thorough.                                                         
                                                                               
Number 110                                                                     
                                                                               
REPRESENTATIVE BEVERLY MASEK stated, based on Ms. McDowell's                   
background in Juneau and her knowledge of the statutes, she thinks             
she would be pretty qualified.                                                 
                                                                               
Number 120                                                                     
                                                                               
DICK HOFFMAN, President, Alaska Trollers Association, testified in             
Juneau.  He has known Ms. McDowell in various capacities since her             
time in the legislature.  He has always found her to be a tireless             
worker in both the hours she puts in and her efforts to make a good            
decision.  For those reason, she is a good candidate.  The Alaska              
Trollers Association urges the committee members to vote in favor              
of her confirmation.                                                           
                                                                               
Number 135                                                                     
                                                                               
JERRY McCUNE, Representative, United Fishermen of Alaska, testified            
in Juneau.  He has personally known Ms. McDowell for the last six              
years.  She is very fair, a very hard worker, and very well                    
qualified.  She knows the industry and the administrative side of              
the industry.  The United Fishermen of Alaska wholeheartedly                   
support her confirmation.                                                      
                                                                               
CO-CHAIRMAN OGAN wondered whether there is a reason for the glowing            
recommendations.                                                               
                                                                               
MR. McCUNE replied there is no hidden agenda.  She has been very               
helpful, honest, and fair as a commissioner when she has had to                
review a case.                                                                 
                                                                               
CO-CHAIRMAN OGAN stated, "When you do something wrong and you loose            
your license, you're not going--because she knows you she'll yank              
your license."                                                                 
                                                                               
MR. McCUNE replied, "No."                                                      
                                                                               
CO-CHAIRMAN OGAN announced that Representatives Joule and Barnes               
have joined the meeting.                                                       
                                                                               
Number 160                                                                     
                                                                               
REPRESENTATIVE FRED DYSON made a motion to recommend Mary McDowell             
for her appointment.                                                           
                                                                               
Number 166                                                                     
                                                                               
REPRESENTATIVE RAMONA BARNES objected and explained the process is             
to report the recommendation out of the committee, not to recommend            
a nomination.                                                                  
                                                                               
Number 179                                                                     
                                                                               
REPRESENTATIVE DYSON made a motion to recommend that the                       
appointment of Mary McDowell to the Alaska Commercial Fisheries                
Entry Commission be forwarded to a joint session for consideration.            
There being no objection, it was so moved.                                     
                                                                               
CONFIRMATION HEARING                                                           
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was the                  
confirmation hearing of Robert Churchill to the Board of Game.                 
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill to tell the committee members             
why they should consider him favorable.                                        
                                                                               
Number 199                                                                     
                                                                               
ROBERT CHURCHILL, appointee to the Board of Game, testified in                 
Juneau.  He has hunted since he was 10 or 11 years old.  He spends             
a fair amount of time both hunting and fishing.  He has been a                 
member of the Anchorage Fish and Game Advisory Committee for the               
last seven years.  He was chairman for two years.  He thinks he can            
do a good job of meeting the mandates in order to provide the                  
sustainable resources for Alaskans.  He wants to do that for                   
himself, his family, his children, and hopefully their children.               
                                                                               
Number 213                                                                     
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill whether it is correct to             
say that he has been a member of the Board of Game for awhile now.             
                                                                               
MR. CHURCHILL replied, "That's correct."                                       
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill whether he was part of               
the meeting that adopted the "bone-in-bone-out" regulation for the             
Holitna River drainage.                                                        
                                                                               
MR. CHURCHILL replied, "No."  He was present when the issues were              
considered in Fairbanks, but he was not on the board when it was               
originally considered.                                                         
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill whether he was at the                
meeting in Anchorage when the board reconsidered it.                           
                                                                               
MR. CHURCHILL replied he doesn't believe so.  It was discussed in              
Fairbanks where it was modified by removing parts of the                       
requirements.  He cited shortening the period of time as an                    
example.                                                                       
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill to tell the committee                
members exactly what his position was on the issue.                            
                                                                               
MR. CHURCHILL stated there was testimony from enforcement that                 
indicated it made their job much easier to deal with the wanton                
waste problem.  There was also testimony from Kevin Saxby from the             
Department of Law because of the concerns raised by the House                  
Resources Committee.  Mr. Saxby and the attorney general both felt             
that the Board of Game had the authority to enact a meat-on-the-               
bone regulation.                                                               
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill whether Mr. Saxby cited              
the specific law that gives the Board of Game the authority.                   
                                                                               
MR. CHURCHILL replied, "Not that I remember."                                  
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill to read the highlighted              
portion of Section 16.30.030 from the Alaska Statutes.                         
                                                                               
MR. CHURCHILL read the following:                                              
                                                                               
     "(3) "edible meat" means, in the case of big game                         
     animals, the meat of the ribs, neck, brisket, front                       
     quarters as far as the distal joint of the radius-ulna                    
     (knee), hindquarters as far as the distal joint of the                    
     tibia-fibula (hock), and that portion of the animal                       
     between the front and hindquarters; in the case of wild                   
     fowl, the meat of the breast; however, "edible meat" of                   
     big game or wild fowl does not include                                    
                                                                               
     (A) meat of the head;                                                     
                                                                               
     (B) meat that has been damaged and made inedible by the                   
     method of taking;                                                         
                                                                               
     (C) bones, sinew, and incidental meat reasonably lost as                  
     a result of boning or a close trimming of the bones;"                     
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill, after reading the                   
section, whether the Board of Game has the authority to require the            
bone be carried out of any game management unit in the state.                  
                                                                               
MR. CHURCHILL replied yes based on the advise from the attorney                
general's office.                                                              
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill whether he believes what             
the law says.                                                                  
                                                                               
MR. CHURCHILL replied that is not what he is saying.                           
                                                                               
REPRESENTATIVE BARNES stated either the law does not say what it               
says, or he is relying on an opinion of an attorney general that               
may or may not be accurate.  It is simply the opinion of one                   
attorney.  She has an opposite opinion from Legislative Legal                  
Services.  She asked Mr. Churchill whether he believes the law or              
what an attorney general says.                                                 
                                                                               
MR. CHURCHILL replied he believes that the attorney general is                 
accurate.                                                                      
                                                                               
REPRESENTATIVE BARNES said, "Mr. Chairman, in no way will I support            
this person's appointment, and I will do everything in my power to             
see that he is not appointed to the Board of Game."                            
                                                                               
Number 297                                                                     
                                                                               
REPRESENTATIVE MASEK asked Mr. Churchill how he felt about the                 
initiative to stop people from using snares.                                   
                                                                               
MR. CHURCHILL replied he was absolutely against it.                            
                                                                               
REPRESENTATIVE MASEK asked Mr. Churchill how he feels about                    
initiatives for the purposes of managing fish and game.                        
                                                                               
MR. CHURCHILL replied he is not in favor of managing fish and game             
by the ballot box.  In Fairbanks, a great deal of testimony was                
taken in regards to using snares.  The testimony against using                 
snares clearly did not represent the facts.  The people can manage             
fish and game by the ballot box through electing legislators.                  
                                                                               
Number 322                                                                     
                                                                               
CO-CHAIRMAN HUDSON stated Representative Barnes is reading the law             
as it is clear on its face.  He understands that as a board member             
if something is hazy or ambiguous a member should ask for an                   
opinion from an attorney in order to make a decision.  He asked Mr.            
Churchill whether he and the other board members sat down and                  
discussed the law as it is currently written.                                  
                                                                               
MR. CHURCHILL replied he discussed it with Kevin Saxby.  He said,              
"To be real candid I'm sure that we'll get a legal opinion from a              
judge that tells the board whether they had that authority when                
they adopted it.  I didn't have the benefit of listening to those              
discussion or participating in them."  It might turn out that this             
is something that the board doesn't have the authority to do.  If              
so, obviously he would support that position as a member of the                
board.  He said, "I understand my obligation to...to big decisions             
consistent with the law of the state of Alaska.  And I take it very            
seriously.  I would never do anything to fly in the face                       
consciously of those laws.  But, like I said, I was not there when             
those decisions were made.  If the law was discussed and was                   
presented with a situation where it was an accomplished fact...As              
I said earlier, I think we've tried to do some things as the Board             
of Game to deal with the most objectional parts of that.  We've                
eliminated the requirement to bring out the ribs.  We've reduced               
the amount of time involved after October 1.  That it's no longer              
required to...to bring out the meat on the bone.  So, no I don't               
want to appear that I would arrogantly fly in the face of the law.             
It's not--I would never consciously do that.  But, I've never been             
in the position of...of having to vote at the get-go to make these             
areas an area requirement."                                                    
                                                                               
Number 364                                                                     
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill whether it is correct                
that the meeting in Fairbanks was in March.                                    
                                                                               
MR. CHURCHILL replied, "Yes."                                                  
                                                                               
REPRESENTATIVE BARNES stated the bone-in-bone-out issue came out as            
a direct result of the Legislative Council Committee challenging               
the Board of Game's authority to write a regulation that conflicts             
with a statute.                                                                
                                                                               
MR. CHURCHILL replied there were a number of proposals dealing with            
the meat-on-the-bone issue.                                                    
                                                                               
REPRESENTATIVE BARNES stated she took the position of the                      
Legislative Council Committee herself to the Board of Game in the              
fall and stated very clearly that the board had violated the law.              
The board said that it would take the issue up at the March                    
meeting.  It just didn't appear at the March meeting.                          
                                                                               
MR. CHURCHILL replied he is aware of the controversy regarding the             
meat-on-the-bone issue.                                                        
                                                                               
REPRESENTATIVE BARNES stated somebody must have told him what the              
law was otherwise he would have gotten it to read it himself,                  
contrary to what he stated earlier in response to Representative               
Hudson's question.                                                             
                                                                               
MR. CHURCHILL replied that is not what he intended to say.  He                 
knows the law.  He knows how it is written.  But, he is not an                 
attorney and he is not skilled at interpreting laws or the other               
laws that relate to a law.                                                     
                                                                               
REPRESENTATIVE BARNES asked Mr. Churchill whether the law on its               
face needs an interpretation.                                                  
                                                                               
MR. CHURCHILL replied an interpretation was asked by the attorney              
general's office.  He did not ask for it and had no reason to argue            
with it.                                                                       
                                                                               
REPRESENTATIVE BARNES stated only the legislature has the power to             
manage fish and game in Alaska.  The legislature delegates some of             
its responsibilities through the law to the Board of Game.  It does            
not delegate power to the board to write laws.  It delegates power             
to live within the laws adopted by the legislature.  The board is              
to carry out the policies that the legislature sets.  There is a               
law on the book that is clear on its face, and it is certainly                 
clear on its face to any three year old who can read, but Mr.                  
Churchill still says that he would rely on the advise of the                   
attorney general rather than the advise of what's in the law.  The             
attorney general has no power.                                                 
                                                                               
MR. CHURCHILL replied he would like to have the legal issues                   
resolved.  Obviously, any decision he has made or will make in the             
future he wants it to be consistent with the laws of the state.                
                                                                               
REPRESENTATIVE BARNES stated Mr. Churchill indicated earlier that              
he is sure that the issue will be challenged in court.  Anytime a              
citizen challenges something in court it costs him money.  Anytime             
the legislature challenges a citizen in court it costs the state               
money.  Neither should happen when a law is clear on its face.                 
                                                                               
Number 438                                                                     
                                                                               
CO-CHAIRMAN OGAN stated Representative Barnes was here when the law            
was made and she went to great lengths to tell the Board of Game               
that there is a problem, and the board just thumbed its nose at the            
Legislative Council Committee.                                                 
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill how he feels about the money              
spent on the consultant from outside who studied the wolves and                
intensive management.  It is an area of the law that is not                    
enforced when it is clear that the legislature likes intensive                 
management activities, including predation control when necessary.             
He asked Mr. Churchill, if there was a threat of a tourist boycott,            
would he vote on the side of managing game according to the way the            
legislature intended or would he vote on the side of keeping more              
tourists from coming to Alaska.                                                
                                                                               
MR. CHURCHILL replied he is on the record as supporting predator               
control.  As a member of the Anchorage Fish and Game Advisory                  
Committee, it put together a pretty good predator control plan.                
His actions since being a member of the Board of Game have clearly             
shown his position as well.  Predator control in Alaska is real                
important.  At the Board of Game hearings he frequently asks about             
the populations.  He is concerned because he hears from biologists             
and citizens that there appears to be a significant increase in the            
predator populations - wolf and bear.  The anecdotal evidence seems            
to support that they are knocking down ungulate populations and in             
some areas extensively.  Absolutely, he supports predator control.             
Similar to Representative Masek's question, people need the tools              
necessary to allow them to balance the populations in their areas.             
                                                                               
Number 488                                                                     
                                                                               
CO-CHAIRMAN HUDSON asked Mr. Churchill whether he hunts.                       
                                                                               
MR. CHURCHILL replied, "Yes."  He has hunted both ungulates and                
birds since he was relatively young.                                           
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill whether he is familiar with               
Article VIII, Section 4, of the state constitution.                            
                                                                               
MR. CHURCHILL replied somewhat.                                                
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill whether he can paraphrase what            
it says.                                                                       
                                                                               
MR. CHURCHILL replied it means the responsible management of fish              
and game for harvest.                                                          
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill whether he is familiar with               
the language, "subject to preferences among beneficial uses."                  
                                                                               
MR. CHURCHILL replied he knows that the language is in it.                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill to articulate what it means.              
                                                                               
MR. CHURCHILL replied it means that when looking at game                       
populations the board might be making decisions that give an                   
advantage to local folks for example.  It is similar to the                    
decision to make a number of the moose cow hunts in the Anchorage              
area for residents only when it used to be for both residents and              
nonresidents.  The testimony indicated that the residents wanted a             
greater opportunity to harvest the moose.                                      
                                                                               
CO-CHAIRMAN OGAN explained a use is like sport hunting or fishing,             
while a user is like a geographical location.  He asked Mr.                    
Churchill in a time of shortage what would his priority be for the             
user of fish and game.                                                         
                                                                               
MR. CHURCHILL replied he grew up in a rural area and put meat on               
the table by hunting.  There were also folks that didn't appear to             
have the same need.  He has mixed feelings about it.  He believes              
in managing the resources in a way that makes them healthy so that             
there isn't a time of shortage.                                                
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill whether he is aware of the                
Article VIII, Section 3, of the state constitution - the common use            
clause.                                                                        
                                                                               
MR. CHURCHILL replied, "Absolutely."                                           
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill to explain his understanding              
of the clause.                                                                 
                                                                               
MR. CHURCHILL replied it goes back to the basic belief that fish               
and game are here for all of us.  For example, no single person                
owns a moose, until someone shoots it.  In Western culture, it goes            
back to the Magna Carta to ensure that people have the opportunity             
to feed themselves off of the fish and game populations.                       
                                                                               
CO-CHAIRMAN OGAN stated it sounds like Mr. Churchill is familiar               
with the public trust doctrine.                                                
                                                                               
MR. CHURCHILL replied a little bit.                                            
                                                                               
Number 853                                                                     
                                                                               
REPRESENTATIVE DYSON referred to Mr. Churchill's resume and asked              
him what is Alaska Resources Consulting.                                       
                                                                               
MR. CHURCHILL replied it is a business that he started up a few                
years ago as a consultant for human resource issues.  It is pretty             
much dormant at this point, but he does have the ability through a             
business license to help folks with business problems.                         
                                                                               
REPRESENTATIVE DYSON asked Mr. Churchill whether it has anything to            
do with natural resources.                                                     
                                                                               
MR. CHURCHILL replied, "No."                                                   
                                                                               
REPRESENTATIVE DYSON asked Mr. Churchill, in light of the strong               
opinions of Representative Barnes, which he agrees with, would he              
in the future see that the board is bound by opinions delivered by             
the attorney general's office.                                                 
                                                                               
MR. CHURCHILL replied he has a high respect for Kevin Saxby from               
the Department of Law, but he will start digging into the issue and            
find out everything that he can.  His intent is not to fly in the              
face of the legislature.  If the Board of Game has done something              
that is not legal...                                                           
                                                                               
REPRESENTATIVE DYSON asked Mr. Churchill whether he could just say             
no he would not feel bound by them, but take them under advisement             
and seek other opinions.                                                       
                                                                               
MR. CHURCHILL replied, "Yes."                                                  
                                                                               
Number 583                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Churchill what was the basis for Mr.                
Saxby's recommendation when the statute is so clear.                           
                                                                               
MR. CHURCHILL replied Mr. Saxby indicated that he had researched               
the laws and discussed the issue with the attorney general.                    
                                                                               
Number 605                                                                     
                                                                               
DICK BISHOP, Vice President, Alaska Outdoor Council (AOC),                     
testified in Juneau.  The AOC board of directors recommends the                
confirmation of Robert Churchill and Walter Sampson to the Board of            
Game.  It does not make a recommendation on the confirmation of                
Eric Williamson.  In addition, the board recommends the                        
confirmation of Dr. John White and Russell Nelson to the Board of              
Fisheries.  The recommendations are the result of the collective               
judgements and experiences of the board members.                               
                                                                               
Number 627                                                                     
                                                                               
CO-CHAIRMAN HUDSON made a motion to advance the recommendation of              
Robert Churchill to the Board of Game with individual                          
recommendations.  There being no objection, it was so moved.                   
                                                                               
CONFIRMATION HEARING                                                           
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was the                  
confirmation hearing of Walter Sampson to the Board of Game.                   
                                                                               
Number 634                                                                     
                                                                               
WALTER SAMPSON, appointee to the Board of Game, testified via                  
teleconference in Kotzebue.  He is a lifelong resident of Alaska.              
He was born and raised in Noorvik.  He has been with the Nana                  
Regional Corporation for the past 25 years.  It has been a                     
challenge to him for the past three years as a member of the Board             
of Game, especially coming from a culture of sharing, giving, and              
taking only what is needed, versus a culture that provides for                 
those types of things by laws.  He is not professing that he knows             
every law on the book, but he tries to deal with them whenever he              
can.  He tries to get a good background knowledge of what the laws             
say.  Having not gone to college, he still lacks for some                      
educational background in reading the laws.                                    
                                                                               
MR. SAMPSON further stated he thinks that the board has made some              
accomplishments over the last three years.  It has expanded the                
opportunity for the public to participate through the advisory                 
councils.  It has extended its meetings to regional centers to give            
more opportunities to folks who are unable to make it to Fairbanks             
or Anchorage.  It has expanded the opportunity for its members to              
go out to areas that the public cannot come in from, such as                   
Glennallen and Tyonek.  People address their issues to the board               
members over the resources and sometimes use them as a means to                
vent frustrations.  He hopes the changes that the board has made               
can be implemented for the next three years.  He understands the               
concern of the cost for regional board meetings, but suggested                 
looking at the issues and their cost differentials.                            
                                                                               
Number 692                                                                     
                                                                               
REPRESENTATIVE BARNES asked Mr. Sampson whether he was at the                  
special Board of Game meeting in July.                                         
                                                                               
MR. SAMPSON replied, "Yes."                                                    
                                                                               
REPRESENTATIVE BARNES asked Mr. Sampson to state the reason for the            
board meeting.                                                                 
                                                                               
MR. SAMPSON replied it was the issue in regards to the....                     
                                                                               
TAPE 98-51, SIDE B                                                             
Number 000                                                                     
                                                                               
REPRESENTATIVE BARNES asked Mr. Sampson whether he recalls that the            
board debated approximately one hour before it allowed her to                  
deliver the message from the Legislative Council Committee.                    
                                                                               
MR. SAMPSON replied, "Yes."                                                    
                                                                               
REPRESENTATIVE BARNES asked Mr. Sampson whether he thinks that any             
time a legislator comes before the Board of Game to deliver a                  
message on behalf of the legislature that it should take an hour to            
debate whether or not the message should be delivered.                         
                                                                               
MR. SAMPSON replied he doesn't think so.  The board also recognized            
that if it gave an opportunity for one group it also had to give an            
opportunity for the rest of the residents of Alaska.                           
                                                                               
REPRESENTATIVE BARNES stated she came before the board as an                   
elected official, not as a special interest group.  She came as an             
elected official representing the legislature yet the members of               
the board debated whether or not she was a special interest group              
because it was concerned about giving time to a special interest               
group.  As an elected representative by the people of Alaska, she              
does not believe that she is in the area of a special interest                 
group.  After extensive debate, it was decided that she could                  
deliver the message.  She stated she will never forget that as long            
as she lives.  She asked Mr. Sampson, after delivering the message             
and before the meeting in the fall, whether or whether not he                  
questioned in his mind that the law is clear on its face relating              
to the bone-in-bone-out law.                                                   
                                                                               
MR. SAMPSON replied he thinks the law is clear.                                
                                                                               
REPRESENTATIVE BARNES stated the only power that the board has is              
what has been delegated by the legislative branch through the law.             
Mr. Sampson has an obligation to go back to the board and raise the            
issue again to undo the law.  She asked Mr. Sampson now that he                
recognizes that the law is clear on its face whether he feels an               
obligation as a board member to bring the issue back before the                
board recognizing that the only power of the board has been                    
delegated through laws by the legislature.                                     
                                                                               
MR. SAMPSON replied if the board wishes to go through the process,             
it can do it.  If there is an attorney that says there is room in              
the law, what else can you do not being an attorney to interpret               
what it says? he asked.                                                        
                                                                               
REPRESENTATIVE BARNES stated she is not an attorney either.  In                
fact, she is glad that she is not an attorney.  She is not the best            
educated person in the world either, but she can read.  "You don't             
have to be an attorney to read a law that's clear on its face," she            
declared.  As a legislator, she has attorneys telling her day in               
and day out different opinions.  But it is up to her to make up her            
mind what is correct.                                                          
                                                                               
Number 123                                                                     
                                                                               
REPRESENTATIVE REGGIE JOULE asked Mr. Sampson, prior to his                    
involvement on the Board of Game, how active were the advisory                 
councils with regards to their access to the board.                            
                                                                               
MR. SAMPSON replied at that point in time the advisory councils                
were not really active.  They didn't really interact with the Board            
of Game.  Today, the participation of the councils are honored at              
the Board of Game meetings.                                                    
                                                                               
REPRESENTATIVE JOULE asked Mr. Sampson whether the decisions that              
the board is making are the results from all perspectives because              
of the councils involvement.                                                   
                                                                               
MR. SAMPSON replied, "Yes."  The local advisory councils represent             
different interest groups and have a voice at the board meetings.              
                                                                               
REPRESENTATIVE JOULE asked Mr. Sampson whether he feels it is a                
result of the participation by the local advisory committees.                  
                                                                               
MR. SAMPSON replied, "Yes."  The board wants to continue that                  
process.  It is only fair and gives an opportunity for folks who               
cannot come to the meetings as a means to speak to the board.                  
                                                                               
REPRESENTATIVE JOULE stated he has known Mr. Sampson for a lot of              
years.  He has a lot to contribute and his education does not                  
require an apology.  His contribution has been tremendous.  The                
people at home are real comfortable with just the way he is.                   
                                                                               
MR. SAMPSON thanked Representative Joule for the recognition.                  
                                                                               
Number 188                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Sampson whether he is familiar with                 
Article VIII, Section 3, of the state constitution - the common use            
clause.                                                                        
                                                                               
MR. SAMPSON replied he is partially familiar with it.  It deals                
with fish and game uses for all Alaskans.                                      
                                                                               
CO-CHAIRMAN OGAN stated, "Reserved for the common use."                        
                                                                               
MR. SAMPSON replied, "Yes."                                                    
                                                                               
CO-CHAIRMAN OGAN stated a board member takes an oath to defend the             
constitution and asked Mr. Sampson whether he is willing to defend             
it.                                                                            
                                                                               
MR. SAMPSON replied, "Yes."  He tries to balance things for all                
interest groups - all Alaskans.  In that manner, he fits within the            
Board of Game.                                                                 
                                                                               
Number 206                                                                     
                                                                               
CO-CHAIRMAN HUDSON commended Mr. Sampson for his four years of army            
duty in Vietnam and for his volunteer work.  Someone who is willing            
to volunteer his time to the Board of Game has a strong commitment             
to serve the state.                                                            
                                                                               
MR. SAMPSON thanked Representative Hudson for the recognition.  It             
is part of his culture and the way he grew up.  His grandmother                
told him to help anybody who needs it.                                         
                                                                               
Number 230                                                                     
                                                                               
REPRESENTATIVE IRENE NICHOLIA stated she has also known Mr. Sampson            
for quite some time.  She sat with him as a board member of the                
Alaska Federation of Natives (AFN).  She knows him through                     
conversations on statewide policies and issues, the issues that                
affect the lives of the people who live in Alaska.  He would be an             
asset to the board and would do a good job.  Despite the negative              
questions, he would overcome them and contribute a lot to the                  
board.  She supports his confirmation.                                         
                                                                               
Number 254                                                                     
                                                                               
PATRICK WRIGHT, Chair, Anchorage Fish and Game Advisory Committee,             
testified via teleconference in Anchorage.  He is here to recommend            
the positive confirmations of three nominees to the Board of Game -            
Walter Sampson, Robert Churchill and Eric Williamson; and one to               
the Board of Fisheries - Russell Nelson.                                       
                                                                               
MR. WRIGHT further stated Mr. Sampson has often testified to the               
Board of Game on behalf of the Anchorage Fish and Game Advisory                
Committee and has always found that he is dedicated to the public              
process.  He has pursued clarification of wildlife issues by asking            
questions of the advisory committee representatives to get local               
input for regulatory concerns.                                                 
                                                                               
MR. WRIGHT stated he has worked with Mr. Churchill directly on the             
Anchorage Fish and Game Advisory Committee.  He has found him to be            
inspirational in always making the public feel free to express                 
their concerns of the natural relations.  His public relations and             
management skills will certainly be an asset to the Board of Game.             
                                                                               
MR. WRIGHT stated Mr. Williamson brought special insight as a big              
game guide and river guide with nonconsumptive clients, as a member            
of the Anchorage Fish and Game Advisory Committee.                             
                                                                               
MR. WRIGHT stated Mr. Nelson has been on the Nushagak Fish and Game            
Advisory Committee and has worked with other advisory committees               
both rural and urban to protect the resources in the Central                   
Bristol Bay Fish and Game Reserve Proposal considering the economic            
dependence of commercial fisheries and the emerging tourism there.             
                                                                               
Number 309                                                                     
                                                                               
CO-CHAIRMAN HUDSON made a motion to advance the nomination of                  
Walter Sampson to the Board of Game from the committee with                    
individual recommendations.  There being no objection, it was so               
moved.                                                                         
                                                                               
CONFIRMATION HEARING                                                           
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was the                  
confirmation hearing of Doctor John R. White to the Board of                   
Fisheries.                                                                     
                                                                               
Number 322                                                                     
                                                                               
JOHN R. WHITE, Doctor, appointee to the Board of Fisheries,                    
testified via teleconference in Bethel.  He is a 25-year resident              
of Alaska and a 24-year commercial fisherman on the Kuskokwim River            
and Kuskokwim Bay.  He has served on the Board of Fisheries for the            
preceding three years.  He cited the things that he has                        
participated in while on the board that he thinks are notable:                 
shellfish depletion, Norton Sound chum salmon, cod fisheries in the            
Gulf of Alaska, an open point herring fishery in Sitka Sound,                  
strident conflict in Cook Inlet between Area M and the Alaska                  
Yukon-Kuskokwim area, and the Copper River Delta users of the                  
resources.  He always tries to use the best science available, to              
be fair to all parties, and to make balanced decisions.  That is               
what a good board member has to do.  He has been very involved in              
the initiation of the sustainable fisheries project by the board.              
It will hopefully mature one day so that the board and public can              
have access and confidence of the objective measurement tools for              
salmon stock and management success.  Under his chairmanship, the              
present board has been using a committee system to interact with               
the public to broaden their participation in the process, and to               
use the board's time more economically.  The board is meeting over             
100 days a year now when including the committees it uses to tackle            
the broad sweep of problems before it.  The committee system allows            
each board member and members of the public to garner better                   
clarity of the issues.  Finally, the Board of Fisheries will face              
many challenges in the future.  It is staring down the barrel of               
more allocation decisions that are equally contentious.  It is in              
constant need of more and better research.  They are formidable                
challenges, and he looks forward to facing them for the next three             
years.                                                                         
                                                                               
CO-CHAIRMAN OGAN wondered why Dr. White or anybody would want to               
volunteer another term with the Board of Fisheries.  It is a                   
tremendous sacrifice professionally with over 100 days of meetings.            
                                                                               
                                                                               
Number 400                                                                     
                                                                               
CO-CHAIRMAN HUDSON stated there seems to be a spattering of                    
opposition to Dr. White's reappointment from the Kenai Peninsula in            
reference to the failure to hold a meeting there.  He asked Dr.                
White why he made that decision.                                               
                                                                               
DR. WHITE replied the decision was never made to not hold the                  
meeting.  It was under review at the request of the members of the             
board.  The Board of Fisheries heard concerns from the legislators             
from the area and Mayor Navarre in regards to representation                   
between the Kenai and Mat-Su Valley users, as well as other                    
concerns.  The meeting is to be next February as always including              
the additional element of holding public testimony in the Mat-Su               
Valley to try to find a balance.                                               
                                                                               
Number 428                                                                     
                                                                               
CO-CHAIRMAN OGAN stated, according to his experience, fish                     
allocation issues sometime come to the brink of war.  They tend to             
be more contentious than any other issue in the legislature.  He               
asked Dr. White whether he is aware of Article VIII, Section 4, of             
the state constitution - the sustained yield principle.  He also               
asked Dr. White to say what it means to him.                                   
                                                                               
DR. WHITE replied the sustained yield principle is interpreted                 
differently by people.  It goes to the heart of the conservation               
debates that come before the board, and many times those debates               
are shrouded for allocation determinations.  Sustained yield to him            
means that for perpetuity the opportunity for fish and game                    
resources will be available to the citizens and that there will be             
adequate populations re-breeding for their reuse.                              
                                                                               
CO-CHAIRMAN OGAN asked Dr. White whether he is aware of Article                
VIII, Section 3, of the state constitution - the common use clause.            
                                                                               
DR. WHITE replied he is very aware of it.  The board members were              
presented with a document on the public trust doctrine at a joint              
meeting.  He has also been following the debates in the                        
legislature.                                                                   
                                                                               
Number 467                                                                     
                                                                               
BEN ELLIS, Executive Director, Kenai River Sport Fishing                       
Association, testified via teleconference in Kenai.  The                       
association supports the confirmation of Dr. White and Russell                 
Nelson to the Board of Fisheries.  As chairman of the board, Dr.               
White has been establishing the groundwork through the sustainable             
fisheries project to ensure that the salmon resources are managed              
in a manner to provide sustainable salmon runs for generations to              
come.  His dedication to the process is unfaltering.  It is a                  
project that will benefit not only the resource but all users.  His            
grasp of the fisheries issues and the ramifications of those issues            
on spawning grounds is unsurpassed.  He has earned the respect of              
fishery scientists and lay fishermen.  A second term will allow him            
to bring to fruition his most worthwhile effort.                               
                                                                               
MR. ELLIS stated the association also supports Russell Nelson to               
the Board of Fisheries.  There is no where else in the world like              
Bristol Bay for harvesting sockeye salmon.  On average the                     
tributaries of the bay produce the largest returns of sockeye in               
the world.  Therefore, every governor since 1974 has placed a                  
representative from the bay on the board, and Mr. Nelson will                  
continue that rich tradition.  As a former commercial drift                    
fisherman and herring and salmon spotting pilot, Mr. Nelson is                 
currently the land manager of a Dillingham Native corporation                  
interacting with recreational anglers.  He brings that perspective             
too.  He is a man of integrity and has the respect of many people              
in the bay and Native community.  Mr. Nelson is also an avid                   
supporter of the sustainable fisheries project and is looking                  
forward to working with the other board members on the issue.                  
                                                                               
JOE HANES testified via teleconference in Kenai.  He has been                  
fishing the Kenai River for 30 years.  He was born and raised in               
Alaska.  He has been guiding for the last 20 years and has been                
involved in the board process since 1985 as a citizen.  He has been            
dealing with Dr. White since his inception on the board and has                
found his insight into the fisheries to be exemplary.  He is                   
thrilled to hear that he will be devoting more time to the process.            
The fisheries on the Kenai Peninsula are in deep trouble.  There               
are severe imbalances.  Dr. White has the insight and fortitude to             
take the bull by its horns and fix the fisheries so that they will             
be here for both commercial and sport users for years to come.                 
                                                                               
MR. HANES stated he also supports the confirmation of Russell                  
Nelson to the Board of Fisheries.  The size and importance of the              
fishery in Bristol Bay speaks for itself.                                      
                                                                               
Number 516                                                                     
                                                                               
MYRA OLSEN, Chair, Lower Bristol Bay Advisory Committee, testified             
via teleconference in Anchorage.  She is a Bristol Bay drift                   
gillnetter and subsistence user.  She is speaking in support of Dr.            
White and Russell Nelson's confirmation.  She has often been                   
frustrated at the lack of meaningful participation by the people               
until last November's board meeting in Naknek where she first saw              
the effectiveness of Dr. White's leadership in brining all the                 
stakeholders together to build consensus on the proposals that                 
affect us all.  Finally, there is a way to regulate fisheries                  
taking into consideration the impacts of legislation, the                      
conservation of the resources, and the sustained yield principle as            
a mandate for good decisions.  She appreciates Dr. White's                     
leadership and urges his confirmation to continue the positive                 
influences that he has begun.                                                  
                                                                               
MS. OLSEN stated Russell Nelson is intelligent, articulate, and                
committed to whatever he chooses to work at.  He brings a well-                
rounded presence.  He will be a valuable addition to the board.                
She has known Mr. Nelson his entire life and has always been                   
impressed with his fairness, hard work, and integrity.  It would be            
hard to find a better person to serve on the board.  She supports              
wholeheartedly his nomination.                                                 
                                                                               
Number 541                                                                     
                                                                               
HAZEL NELSON testified via teleconference in Anchorage.  She was               
born and raised in Egegik.  She has lived and worked in Anchorage              
since the early 1980s as a representative of the Becharof                      
Corporation.  In regards to Dr. White, she has grown to appreciate             
his ability to improve the board process.  He is an excellent                  
chairman and board member.  He is always trying to make sure that              
the regular fisherman is heard - those without a spokesperson.  It             
is important in being fair to the process.  She participated at the            
Bristol Bay meeting in Naknek and got to see how well the committee            
process can work.  It utilized the fishermen, the advisory                     
committees, and the board very effectively.  A lot of it had to do             
with the chairman allowing everyone to work out the issues amongst             
everyone else so that there was more input into the process                    
resulting in an agreement.  It also kept the board from coming up              
with something that nobody would have liked and saved a lot of                 
time.  In addition, not many people have the courage to move                   
forward with a political hot potato like the sustainable fisheries             
effort.  Those that work in the regulatory arena know that if the              
initiative is not taken to address the problems of the weak stocks             
everybody will pay down the road.  The issue can be worked out in              
the regions on a case-by-case basis and Dr. White will continue his            
dedication to fairly carry the issue through the public process.               
                                                                               
MS. NELSON stated, in regards to Russell Nelson, he is fair and                
objective.  She has known him for most of her life.  He has been               
involved in fishery resource concerns for a long time.  His                    
experience has enabled him to see resource management from a broad             
perspective of user groups within Bristol Bay.  His work with                  
Choggiung Limited is a good example of how a Native corporation can            
work with different user groups.  His track record shows that the              
resources come first.  He will do his best to listen at the board              
meetings and to understand the issues from all the perspectives.               
                                                                               
Number 588                                                                     
                                                                               
ALVIN PEDERSEN testified via teleconference in Chignik Lagoon.  He             
has worked with the board process for many years.  He was involved             
with the statewide implementation of the much needed State Waters              
Cod Fishery.  He supports the appointment of Dr. White and Russell             
Nelson.  Dr. White has done an excellent job as chairman and board             
member.  He is well respected, fair, and does a very professional              
job in representing all user groups.                                           
                                                                               
MR. PEDERSEN further stated Russell Nelson is well known in the                
Bristol Bay region.  He is fair, well-respected, and would do a                
great job in representing all user groups.                                     
                                                                               
MR. PEDERSEN further stated both appointments are supported by the             
Lake and Peninsula Borough, Chignik Lagoon Village Council, Chignik            
Advisory Committee, Chignik Marketing Association, and Chignik                 
Seiners Association.                                                           
                                                                               
Number 603                                                                     
                                                                               
RICHARD SHARP testified via teleconference in Chignik.  The Chignik            
City Council passed a resolution supporting the appointment of Dr.             
White and Russell Nelson.                                                      
                                                                               
Number 612                                                                     
                                                                               
TONY GRAGORIO testified via teleconference in Chignik.  He has                 
served on the Chignik Advisory Committee for 10 years and has                  
worked with the board process.  Dr. White has helped to bring                  
regions together with the committee process.  He appreciates the               
ability for each committee to get together and talk about the                  
issues.  There isn't always conclusion, but it is a step in the                
right direction.  He thanked the Board of Fisheries for the cod                
fishery.                                                                       
                                                                               
Number 624                                                                     
                                                                               
REUBEN HANKE testified via teleconference in Kenai.  He is speaking            
on behalf of Dr. White and Russell Nelson and recommends their                 
confirmation to the Board of Fisheries.                                        
                                                                               
Number 629                                                                     
                                                                               
ANDY SZCZESNY testified via teleconference in Kenai.  He is a fly              
fishing guide for trout with a business in Cooper Landing.  He is              
in favor of Dr. White's appointment.  He has been a big help on the            
upper river trout issues.  He has done a great job.                            
                                                                               
Number 633                                                                     
                                                                               
BILL SULLIVAN testified via teleconference in Kenai.  He is an 18-             
year registered voter and resident of the Kenai Peninsula.  He                 
feels that he has the unenviable position of enjoying Dr. White on             
a personal level, but finds it increasingly difficult to relate to             
him on a professional level.  He feels it would be irresponsible to            
suggest that Dr. White has not contributed generous amounts of his             
time and energy, but he also feels strongly that the usage of his              
time and talents have come and gone.  The Governor is on record for            
promising to restore balance to the board yet it currently is made             
up of three members from Southcentral, and six out of the seven                
members' expertise is invested with salmon.  This does not denote              
any balance in geographic representation or representation of the              
full spectrum of multi-species issues that the board is challenged             
with.  In addition, his rewrite of the board's process distanced               
the public in the offset.  As a board of fish appointee, Dr. White             
should be asked to explain his active participation in                         
orchestrating a special out-of-cycle board meeting to review the               
Cook Inlet salmon fishery a few short months after Cook Inlet had              
gone through the entire Board of Fisheries proposal process on its             
regular cycle.  The additional meeting was a significant cost to               
the tax payers and individuals who chose to participate.  Dr. White            
should be asked to justify his participation in a board vote of 4              
to 3 to carry the out-of-cycle proposals forward followed by a 6 to            
1 vote the following morning to kill the proposals.  This record               
setting does nothing to promote participation by the public in the             
process, unless one is a stakeholder from the camp that the board              
has undeniably waited in favor of.  In addition, he is opposed to              
Dr. White's reappointment because of his intended use of the                   
subcommittee process pushed forward as the chairman of the board.              
He feels that the board is record building to justify the actions              
destined to come out of these subcommittees at the February-1999               
meeting.  He feels that the board is record building in order to               
claim stakeholder participation in the process while enabling the              
board to push through its own agenda on Cook Inlet issues.  At the             
recent February board meeting Dr. White put every proposal into                
committee process when history speaks well of past chairs                      
effectively doing business without going to this extreme.  Again,              
his point is that the committee process has merit, but its recent              
use by Dr. White is diluting the participation by the public and in            
an unprecedented manner diluting the input of the advisory                     
committees.  This is a classic strategy to divide and conquer and              
does nothing to endure a board with a lengthening record of suspect            
actions.  He feels that Dr. White has made a valuable contribution             
to the board, but feels even stronger that the direction the board             
is taking under his participation as vice chair and chair does not             
serve the public process constructively.  The legislature would be             
well advised to oppose his confirmation.                                       
                                                                               
CO-CHAIRMAN OGAN asked Mr. Sullivan whether he is representing                 
himself.                                                                       
                                                                               
MR. SULLIVAN replied, "Correct."                                               
                                                                               
Number 690                                                                     
                                                                               
GRACIE KENDALL testified via teleconference in Kenai.  She is                  
against the reappointment of John White.  He has already served one            
term on the board and is not objective.  He needs to move aside and            
allow someone else to serve.  The board alienates the public                   
process and advisory committees and Dr. White is confusing                     
allocation with conservation.  He seems to want to allocate more               
fish to sport guides above and beyond biological escapement goals              
for the Kenai River which encourages more habitat destruction and              
more unlimited guides.  There are already 400 registered guides and            
about 75 that aren't registered on the Kenai River alone for last              
year.  Dr. White wants the coastal communities to choose between               
commercial fishers in Cook Inlet and commercial fishers in the                 
river.  There are too many guides commercializing within the river.            
If it continues, the fisheries will be destroyed....                           
                                                                               
TAPE 98-52, SIDE A                                                             
Number 000                                                                     
                                                                               
MS. KENDALL continued.  He is biased against Cook Inlet fishers and            
should give someone else a chance to serve who is more objective.              
She thinks that the Board of Fisheries is a joke.  There needs to              
be objective and fair people on the board and Dr. White is not one             
of them.                                                                       
                                                                               
Number 016                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Ms. Kendall whether Dr. White is against                
commercial drift fishers in Cook Inlet.                                        
                                                                               
MS. KENDALL replied she is talking about commercial fishers in Cook            
Inlet versus the in-river commercial sport guides.                             
                                                                               
CO-CHAIRMAN OGAN stated there are those in the upper Cook Inlet                
area who are advocating that sustained yield is not being                      
maintained on some streams because of intercept fisheries and other            
pressures being put on its management, especially in regards to                
Kenai River red salmon.  Members of the Department of Fish and Game            
have admitted to him that the upper Cook Inlet is managed by                   
default when there is a large return of red salmon to the Kenai                
River.  He asked Dr. White to comment on the issue.                            
                                                                               
Number 053                                                                     
                                                                               
DR. WHITE replied he has commented a lot already.  He thinks his               
decisions have been pretty fair.  They have tried to address                   
allocation between the central district drift fleet and the in-                
river users in the Mat-Su Valley.  The best answer to the sustained            
yield question is the adequacy of the science that sorts out the               
stocks while they are involved in the set net fishery of the                   
northern district and the drift fishery in the central district,               
and the ability to distinguish the stocks and their destinations.              
That science isn't there.  Any measure of how to achieve that isn't            
there.  It is one of the things that he hopes to come out of the               
back end of the sustainable fisheries project - long-term research             
plans that actually figure out the research needed for the stock               
separation.  Otherwise, fighting over who has the responsibility to            
conserve will result in no stocks.  The concern about the sustain              
ability of the stock is very real right now.                                   
                                                                               
CO-CHAIRMAN OGAN asked Dr. White how far off the set nets run on               
the Kenai Peninsula.                                                           
                                                                               
DR. WHITE replied he would have to find the answer in a book.                  
                                                                               
CONFIRMATION HEARING                                                           
                                                                               
CO-CHAIRMAN OGAN announced the next order of business was the                  
confirmation hearing of Russell Nelson to the Board of Fisheries.              
                                                                               
Number 123                                                                     
                                                                               
RUSSELL NELSON, appointee to the Board of Fisheries, testified via             
teleconference in Dillingham.  He is supportive of the board                   
process.  If appointed, he will work hard for the conservation and             
development of fishery resources.  As a member of the Nushagak Fish            
and Game Advisory Council, the Dillingham City Planing Commission,             
and former chairman of the Alaska Rural Communications Council and             
present member, he has shown his interest in community service.  He            
understands the time and commitment involved to be a competent                 
member of the board.  He also feels his resume shows that his                  
abilities and experiences are consistent with the responsibilities             
of the position.  He has the support of his family and employer.               
He has discussed the travel away from Bristol Bay with each of them            
and both have agreed to his involvement.  He is in excellent                   
health, enjoys traveling, and meeting people.  He would thank the              
committee members for their consideration of his qualifications for            
the position.                                                                  
                                                                               
Number 156                                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Nelson whether he is familiar with                  
Article VIII, Section 3, of the state constitution - common use                
clause.                                                                        
                                                                               
MR. NELSON replied, "Yes."                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Nelson whether he is familiar with                  
Article VIII, Section 4, of the state constitution - sustained                 
yield principle.                                                               
                                                                               
MR. NELSON replied, "Yes."                                                     
                                                                               
CO-CHAIRMAN OGAN asked Mr. Nelson what his interpretation is of the            
provision in the sustained yield principle, "subject to preferences            
among beneficial uses."                                                        
                                                                               
MR. NELSON replied he believes it is a good section.  Fish and                 
wildlife resources should be available to everyone.  In terms of               
sustained yield, it is important to have enough brood stock.  "If              
you just utilize a resource without conservation, then eventually              
you're not going to have anything left for everyone to divide up,"             
he stated.  He would like to go for a maximum yield depending on               
what is being harvested and what the rivers can support.                       
                                                                               
Number 202                                                                     
                                                                               
CO-CHAIRMAN HUDSON made a motion to advance the recommendations of             
Dr. John R. White, Russell Nelson, and Eric Williamson from the                
committee.                                                                     
                                                                               
CO-CHAIRMAN OGAN noted that there isn't a quorum.                              
                                                                               
CO-CHAIRMAN OGAN called for a brief at ease.                                   
                                                                               
CO-CHAIRMAN OGAN called the meeting back to order.                             
                                                                               
Number 223                                                                     
                                                                               
CO-CHAIRMAN HUDSON made a motion to advance the recommendations of             
Dr. John R. White, Russell Nelson and Eric Williamson from the                 
committee.  There being no objection, it was so moved.                         
                                                                               
ADJOURNMENT                                                                    
                                                                               
Number 227                                                                     
                                                                               
CO-CHAIRMAN OGAN adjourned the House Resources Standing Committee              
meeting at 3:55 p.m.                                                           

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