Legislature(2007 - 2008)
03/17/2008 02:15 PM House RES
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s)|| Board of Fisheries | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
March 17, 2008
2:15 p.m.
MEMBERS PRESENT
Representative Carl Gatto, Co-Chair
Representative Craig Johnson, Co-Chair
Representative Anna Fairclough
Representative Bob Roses
Representative Paul Seaton
Representative Peggy Wilson
Representative Bryce Edgmon
MEMBERS ABSENT
Representative David Guttenberg
Representative Scott Kawasaki
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Board of Fisheries
Melvan E. Morris, Jr. - Kodiak
John E. Jensen - Petersburg
William S. Brown - Juneau
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
No previous action to report
WITNESS REGISTER
REUBEN HANKE
Soldotna, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris,
Mr. Jensen, and Mr. Brown.
GERRY MERRIGAN
Petersburg, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris,
Mr. Jensen, and Mr. Brown.
PAUL SHADURA, Executive Director
Kenai Peninsula Fishermen's Association
Soldotna, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris,
Mr. Jensen, and Mr. Brown.
RICKY GEASE, Executive Director
Kenai River Sportfishing Association
Soldotna, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris,
Mr. Jensen, and Mr. Brown.
AL BURCH, Executive Director
Alaska Draggers Association
Kodiak, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris,
Mr. Jensen, and Mr. Brown.
TOM KOUREMETIS
Kodiak, Alaska
POSITION STATEMENT: Supported the appointment of Mr. Morris.
LINDA KOZAK
Kodiak, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris,
Mr. Jensen, and Mr. Brown.
SHAWN DOCHTERMANN
Kodiak, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris
and Mr. Jensen.
ROBERT HEYANO
Dillingham, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris
and Mr. Jensen.
ROBIN SAMUELSEN, President
Bristol Bay Economic Development Corporation (BBEDC)
Dillingham, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris
and Mr. Jensen.
ANDREW COUCH
Matanuska-Susitna Valley, Alaska
POSITION STATEMENT: Opposed the appointments of Mr. Morris and
Mr. Jensen.
BRUCE KNOWLES
Willow, Alaska
POSITION STATEMENT: Opposed the appointments of Mr. Morris and
Mr. Jensen, and supported the appointment of Mr. Brown.
STEVE RUNYAN
Matanuska-Susitna Valley, Alaska
POSITION STATEMENT: Opposed the appointments of Mr. Morris and
Mr. Jensen.
TOM LOGAN
Matanuska-Susitna Valley, Alaska
POSITION STATEMENT: Opposed the appointments of Mr. Morris and
Mr. Jensen, and supported the appointment of Mr. Brown.
LEROY CABANA
Homer, Alaska
POSITION STATEMENT: Supported the appointments of Mr. Morris,
Mr. Jensen, and Mr. Brown.
PAT DONELSON
Matanuska-Susitna Valley, Alaska
POSITION STATEMENT: Opposed the appointment of Mr. Morris.
JERRY MCCUNE, Executive Director
United Fishermen of Alaska
Cordova, Alaska
POSITION STATEMENT: Supported appointments of Mr. Morris, Mr.
Jensen, and Mr. Brown.
ACTION NARRATIVE
CO-CHAIR CRAIG JOHNSON called the House Resources Standing
Committee meeting to order at 2:15:27 PM. Representatives
Fairclough, Roses, Edgmon, Gatto, and Johnson were present at
the call to order. Representatives Wilson and Seaton arrived as
the meeting was in progress.
^CONFIRMATION HEARING(S)
^Board of Fisheries
2:15:38 PM
CO-CHAIR JOHNSON announced that the committee would consider the
appointments of Mr. Mel Morris, Mr. John Jensen, and Mr. William
Brown to the Board of Fisheries. [Packets contained
biographical information on the appointees.]
CO-CHAIR JOHNSON stated he would take public testimony today and
hear from the appointees [on 3/19/08].
2:16:14 PM
REUBEN HANKE said he supports the governor's appointments to the
Board of Fisheries. After attending board meetings for more
than 20 years, he said he believes this is a good group of
individuals. Although he has only had a few conversations with
Mr. Brown, he believes Mr. Brown will be a valuable asset to the
board; having access to economic knowledge will bring a new
dimension to the board for sport, commercial, and personal use
fisheries. Re-appointing Mr. Jensen and Mr. Morris for third
terms retains an incredible amount of fisheries knowledge on the
board. While he does not agree with some of the decisions that
the Board of Fisheries has made in the past, he said he thinks
that Mr. Jensen and Mr. Morris made their decisions using the
science and guidance put forth to them by the Alaska Department
of Fish & Game. He thanked Mr. Jensen and Mr. Morris for their
continued service. In response to questions from Co-Chair
Gatto, Mr. Hanke affirmed he is not representing an organization
today, but has previously spoken for the Kenai River
Sportfishing Association.
2:19:03 PM
GERRY MERRIGAN spoke on behalf of himself in support of the re-
appointment of Mr. Morris and Mr. Jensen. While he has not met
Mr. Brown, he said his résumé is impressive. The Board of
Fisheries process, by nature, will never make everyone happy.
So, in the end, the decision must be on what one thinks is a
good public process. Some people's idea of the process is
whether they got what they wanted out of it. However, he said
he thinks the real definition of a good public process is that
the issue is brought up in a way that allows for public input,
was presented in a manner that everyone understood, and the
board members gave the public access to themselves and the
committee process. Mr. Jensen and Mr. Morris have always gone
through a good public process. Continued public access to
solving complicated proposals is what is being looked for. He
urged that the nominees be moved forward.
2:20:24 PM
PAUL SHADURA, Executive Director, Kenai Peninsula Fishermen's
Association, acknowledged the efforts of the governor's office
to find qualified candidates for one of the most controversial
boards in the state. The Board of Fisheries confirmation
process is a unique form of public opinion rather than a
testament to an individual's knowledge, expertise, or work
ethic. While one may not like the decisions of the board, one
must respect the commitment that each board member makes to
attend meetings, listen to stakeholders, and understand a myriad
of complex laws in order to come to some conclusion with
consensus. Three years is a tremendous amount of time to offer
a personal commitment to the betterment of the Alaskan public
and the sustainability of the state's finite resources. He said
his organization supports the governor's selection, maintaining
a balance on the board, re-appointing experience and leadership
as well as intelligence, new interests, and skills. He urged
the confirmation of Mr. Morris, Mr. Jensen, and Mr. Brown.
2:21:56 PM
RICKY GEASE, Executive Director, Kenai River Sportfishing
Association, echoed the comments of the three prior speakers and
said his organization supports the confirmation of all three
appointees. The appointments of Mr. Morris and Mr. Jensen
represent a good continuity on the board in terms of a
commercial perspective. There will be a lot of issues coming up
in the next three years that will benefit from this continuity.
The appointment of Mr. Brown shows good foresight by the
governor's office for appointing someone with a lot of
experience in economics, and bringing that skill and resource to
the board will pay dividends in the future during some of the
possible restructuring issues.
2:23:39 PM
AL BURCH, Executive Director, Alaska Draggers Association, noted
he has been a fishermen since the 1950s and owns two fishing
vessels. He has known Mr. Morris for many years and finds him
an honorable person. Although he has known Mr. Jensen for a
shorter time, he is pleased with Mr. Jensen's efforts to become
knowledgeable of other fisheries in the state. While he does
not know Mr. Brown, he has read his résumé and talked with
others who say Mr. Brown would be a good addition. He said he
supports all three appointees. A corporate memory is very
important as is a new person that has an open mind.
2:24:49 PM
TOM KOUREMETIS said he is basically a sports fishermen and he
has some commercial fishing permits. He has known Mr. Morris
since 1959. On behalf of himself and his friend Jack Alexander,
he asked the committee to confirm Mr. Morris because he is a
fair person and the kind of Alaskan that should be kept involved
in the state's resources.
2:25:42 PM
LINDA KOZAK stated she works with crab fishermen who fish the
Bering Sea and Aleutian Islands. Her family also has a setnet
operation in Bristol Bay and she and her husband are active
sport fishermen during the summer months. She said she is one
of the unhappy people who had Mr. Morris and Mr. Jensen vote
against the two proposals she submitted at the last Board of
Fisheries meeting. However, she adamantly supports them for re-
appointment because they vote the way they think they should and
not for expediency or political reasons. It is also important
to have the historical perspective that both Mr. Morris and Mr.
Jensen bring to the process. While she has not met Mr. Brown,
she has read his résumé and believes he would be a great
addition to the board.
2:27:10 PM
SHAWN DOCHTERMANN testified he is a 30-year Kodiak resident and
life-long commercial fisherman. He has fished Bering Sea crab,
halibut off the Aleutians, Bristol Bay salmon, and halibut in
the Gulf of Alaska. On behalf of himself, he endorses the re-
appointment of Mr. Morris and Mr. Jensen to the Board of
Fisheries. Since he is not familiar with Mr. Brown he cannot
say much about him. Mr. Morris and Mr. Jensen have the
knowledge and good judgment on deciding state fisheries issues.
While he may not always agree with all of the board's decisions,
he respects Mr. Morris and Mr. Jensen for their leadership and
their dedication to sustainability and protection of Alaska's
fisheries.
2:28:14 PM
ROBERT HEYANO noted he is a life-long resident of the Bristol
Bay area and is both a subsistence and commercial fisherman. At
one time he was also the owner and operator of a small sport
fish camp on the Nushagak River. He supports the re-appointment
of Mr. Morris and Mr. Jensen because they bring a wealth of
experience and expertise to the Board of Fisheries process.
Their knowledge of the federal fisheries and how that affects
and interacts with the state of Alaska is extremely important.
Mr. Morris and Mr. Jensen, with their past experience, will be
key to ensuring that coastal communities are not adversely
affected when proposals for restructuring the salmon fisheries
come before the board. He said he did not know Mr. Brown so
could not provide comments on him.
2:29:44 PM
REPRESENTATIVE FAIRCLOUGH inquired whether Mr. Heyano believes
the Pebble Mine can be done without impact to Bristol Bay.
MR. HEYANO responded he has not seen any information to date
that would allow him to make that conclusion.
REPRESENTATIVE FAIRCLOUGH asked whether Mr. Heyano thinks the
Pebble Mine would adversely affect his ability to fish in
Bristol Bay.
MR. HEYANO replied he thinks it would have an impact to the
fishery, but he does not know about his ability to fish. He
said he no longer seines for herring in Prince William Sound and
that is directly related to the Exxon Valdez oil spill. Like
many commercial fishermen, he is put off with the length of time
it is taking to resolve that issue, and he thinks it is a fact
of what large, well-financed corporations are able to do in
light of a disaster that could happen. More importantly, he
said, the publicity that the Pebble Mine is receiving will
impact the marketability of Bristol Bay salmon.
2:31:19 PM
REPRESENTATIVE FAIRCLOUGH noted that at some point the Board of
Fisheries will be a determining factor in the Pebble Mine
development issue. While she is not pro or con on the issue,
she said she would like to see the process go forward in order
to hear the discussion. She inquired whether fishermen in the
Bristol Bay area believe that the mine should go through the
process or should the process stop now.
MR. HEYANO spoke for himself. He said it is one thing to
support having it go through the process, but he firmly believes
that the process was significantly weakened for protection of
the fishery resources and their habitat by some actions taken by
the past administration. He must therefore say he is not
comfortable with that process. A lot of work needs to be done
to strengthen that process or at least bring it back to what it
was before the changes were made by the past administration.
2:32:47 PM
ROBIN SAMUELSEN, President, Bristol Bay Economic Development
Corporation (BBEDC), related that BBEDC represents 17 villages
and roughly 6000 members within the Bristol Bay region. He said
he and BBEDC support the re-appointment of Mr. Morris and Mr.
Jensen to the Board of Fisheries because continuity on the board
is very important. Both appointees have treated Bristol Bay's
commercial fishermen, sports fishermen, and subsistence
fishermen fairly. Bristol Bay is facing three restructuring
proposals and these two people would be for Alaskans and Alaskan
communities. A lot of these restructuring proposals are making
the rich richer and the poor poorer. Mr. Samuelson said he
represents a region that is quite poor because of low fish
prices and high fuel and food costs, and he thinks Bristol Bay
will get a fair shake from Mr. Morris and Mr. Jensen. He urged
their confirmation.
2:34:36 PM
REPRESENTATIVE FAIRCLOUGH asked whether Mr. Samuelsen sees
conflict with the development of Pebble Mine and the fisheries.
MR. SAMUELSEN answered yes, his board by resolution has voted to
oppose the Pebble Mine until they can prove otherwise. Millions
of dollars have been spent in restructuring the fishery to try
to make it more economical for Bristol Bay fishermen. The area
is first in the state to have ice barges and another ice barge
is currently being built. When buyers tour the area the Pebble
Mine always comes up, he related. He has asked the buyers
whether they would continue to buy fish if the Pebble Mine had a
spill and the unanimous response is no. The buyers said they
would go to other places that do not have tarnished fish.
2:35:41 PM
REPRESENTATIVE FAIRCLOUGH inquired about the number of fishery
jobs in the Bristol Bay region.
MR. SAMUELSEN responded it is two jobs for every setnet and
three people for every drift boat. Those dollars turn over six
times in the community. The region currently owns just under 50
percent of the combined permits for setnet and driftnet. Since
there are 2,800 setnet and driftnet permits, that would be about
1,400 permits multiplied by two [jobs] which is 2,800 jobs.
That does not include the cannery workers.
2:36:30 PM
REPRESENTATIVE FAIRCLOUGH asked what the annual wage is for
those fishermen.
MR. SAMUELSON replied it was pretty embarrassing when fishermen
were getting 40 cents a pound four years ago, but since then it
has increased. Last season it averaged about 72 cents per pound
for sockeye salmon and some fishermen got as high as 91 cents a
pound. Fishing is the life-blood of Bristol Bay, he said.
Communities the size of Dillingham are not as reliant on the
fishery as villages like Togiak or Port Heiden. There are no
jobs in the small villages, so reliance on commercial fishing in
the villages is very, very great and usually the commercial
fishery is what produces the dollars for conducting subsistence
activities. However, he did not have a dollar amount off the
top of his head. In further response to Representative
Fairclough, Mr. Samuelsen said about 8,200 people are located in
the Bristol Bay region and information about annual salaries
from fishing is available at the Commercial Fisheries Entry
Commission (CFEC).
2:38:44 PM
REPRESENTATIVE SEATON requested Mr. Samuelsen to speak about his
experience in the industry and with the Board of Fisheries and
the North Pacific Fishery Management Council.
MR. SAMUELSON stated he served three years on the Board of
Fisheries, nine years on the North Pacific Fishery Management
Council, and three years on the North Pacific Anadromous Fish
Commission. He has talked fish all his life, he said.
2:39:39 PM
ANDREW COUCH spoke on behalf of himself as a sport fishing guide
in the Matanuska-Susitna Valley. He said he would like to see
new membership on the Board of Fisheries rather than Mr. Morris
and Mr. Jensen. Conservation concerns for the northern end of
Cook Inlet have not been adequately addressed during the last
two board meetings. Mr. Morris and Mr. Jensen both voted
against measures that would have met adequate escapement needs
for the northern end of Cook Inlet. Mr. Morris's and Mr.
Jensen's strong support of the commercial fisheries has
negatively impacted the sport, personal, and subsistence
fisheries in Cook Inlet. He said he thinks there would be other
candidates who would recognize the legitimate needs of all
Alaskans. He related that at the last Board of Fisheries
meeting Mr. Jensen said that people without limited entry
commercial fishing permits who lived in the northern end of the
inlet did not have the right to catch more fish, but the
commercial fishermen did. Mr. Couch said he thinks that is
totally wrong. There are a lot of people in the Matanuska-
Susitna Valley and Anchorage who would like to see a reasonable
amount of salmon return to upper Cook Inlet. He has heard good
things about Mr. Brown, but he does not know him.
2:42:00 PM
BRUCE KNOWLES stated he has been involved with fishing issues
for 10 or 15 years and has served on numerous committees, but he
is speaking for himself. He said he agrees with Mr. Couch that
it is time for a change on the Board of Fisheries. Under the
current board, the northern district has suffered drastically
from poor management decisions. On several occasions bad
decisions were made by the board not following the Sustainable
Salmon Fishery Policy by the letter. There is currently too
much partisanship on the board. He said the economic value of
the fish is not being represented on the board and Mr. Brown
would be able to bring this to the forefront.
2:43:31 PM
CO-CHAIR GATTO allowed that Mr. Knowles's voice speaks for a
great many sport fishermen, especially in the upper Cook Inlet.
He asked how many days Mr. Knowles fishes in a summer.
MR. KNOWLES answered mostly on days that end with "y". In
further response to Co-Chair Gatto, Mr. Knowles confirmed he
believes there are fewer fish now than at any other time. He
said he still catches fish every day, but he has to work harder.
He sees more people having harder times and more people coming
back without fish. He also sees more restrictions. "Most of
the fish that we fish for are fishing on some form of emergency
restrictions that were put in place years ago and we still have
them." While commercial fishermen were given additional time to
fish, not a single fishing period was increased in the northern
district for sport fishermen. [The Board of Fisheries]
classified the northern district's Susitna River sockeye as a
stock of concern and these fish have been shut down to the sport
fishermen for the last three years in a row. The Sustainable
Salmon Fishery Policy calls for an action plan and the action
plan put forth by the [Alaska Department of Fish & Game] is an
actionless action plan and the board went along with it. He
related that sport fish biologists for the Matanuska-Susitna
Valley area had recommended to the board that sport fishing
limits not be increased because floods had caused problems with
the king and coho salmon, and probably the sockeye salmon. Yet,
the commercial fish biologist told the board he did not think
there were problems, and the board increased all the commercial
fishing types.
MR. KNOWLES, in further response to Co-Chair Gatto, stated that
from the research he has done no one else could be found on
Kodiak that was not as prejudicial toward sport fishing and the
same thing for Southeast, so Mr. Morris and Mr. Jensen might be
the best that can be gotten. He said he thinks it is time to
look at how the Board of Fisheries is made up and reconsider the
whole process.
2:46:54 PM
STEVE RUNYAN said he is speaking on behalf of himself, although
he is a member of the Susitna Valley Fish & Game Advisory
Committee and has been involved for several years with the
Matanuska Valley Fish & Game Advisory Committee. He has worked
with the Board of Fisheries and the advisory committees trying
to pass regulation using the best available data. He said he is
against Mr. Morris and Mr. Jensen - and most specifically Mr.
Morris on the basis of his personal integrity and ethical
qualifications. Mr. Morris owns M & M [Marketing] which is a
broker of Cook Inlet cod as well as other statewide salmon, he
related. At his April 2007 ethics disclosure, Mr. Morris
testified that 20 percent of his income is derived from working
for M & M [Marketing]; he did not disclose that he owns the
company. Mr. Runyan further related that at the most recent
Board of Fisheries meeting for the Cook Inlet, a new member of
the board, Howard Delow, was questioned intensively about a
possible conflict of interest that might exclude him from ruling
on some 60 Cook Inlet issues. When Mr. Morris ruled that Mr.
Delow should not speak, Mr. Delow asked that the board decide.
The board's decision was 3-1 to let Mr. Delow speak, the sole
dissenting voice was Mr. Jensen. The possible conflict of
interest that Mr. Delow had was a setnet permit valued at $7,000
that his wife may or may not receive when her mother dies. It
is a latent setnet permit that is not fished. Any decisions Mr.
Delow made may have affected the future value of the sale of
that permit. According to Mr. Morris's own statements, his
income from ownership of M & M [Marketing] is more than $7,000
each year. Plus, the residual income Mr. Morris will receive
from the sale of his company is directly affected by any
decisions he makes regarding Cook Inlet salmon. This is a very
serious conflict of interest, Mr. Runyan said. Whether or not
it actually influenced his decisions regarding Cook Inlet
salmon, it cast a taint upon them because of his high personal
interest in these salmon. The question therefore arises about
whether Mr. Morris can make objective decisions regarding the
allocation of Cook Inlet salmon. Mr. Runyan urged the committee
to consider the ethical qualifications of Mr. Morris and Mr.
Jensen when deciding whether to confirm their re-appointments.
2:50:26 PM
TOM LOGAN stated he is a sports fisherman, although he was once
a commercial fisherman. He said he has no problem with Mr.
Brown because he has a good résumé as far as economics. His
problem is with Mr. Jensen and Mr. Morris and they do not
deserve to be on the Board of Fisheries any longer, he said.
The upper Cook Inlet fishery has been destroyed under their
leaderships. In the late 1960s and early 1970s the Matanuska-
Susitna Valley's streams were full of salmon of all kinds, but
now there are nearly none and he has a hard time getting a fish.
Mr. Logan said under no circumstances does he want [Mr. Morris
and Mr. Jensen] back on the board; Governor Palin has done a
disservice by appointing them.
2:52:04 PM
LEROY CABANA testified he is a life-long Alaskan and life-long
commercial fishermen who depends on commercial fishing for
almost all of his income. He said he is in favor of all three
candidates - Mr. Jensen, Mr. Morris, and Mr. Brown. In his 25
years of experience with the Board of Fisheries, he cannot
recall anyone more fair-minded or balanced than Mr. Morris. Mr.
Morris has served the board in a very honorable fashion. Mr.
Jensen is of the same caliber. While the rest of the state is
supporting Mr. Morris and Mr. Jensen, it sounds like people in
the Matanuska-Susitna Valley are upset about not having fish and
are looking for someone to blame. Mr. Cabana said he does not
know what the Board of Fisheries could have done. He sat in on
the past Board of Fisheries testimonies and there are a lot of
unanswered questions on the Matanuska-Susitna Valley. In
response to Co-Chair Gatto, Mr. Cabana said he is a sport
fisherman with a seine net because he enjoys commercial fishing
so much.
2:54:39 PM
PAT DONELSON stated he is a fishing guide in the Matanuska-
Susitna Valley. He sat in on the recent Board of Fisheries
meetings in Anchorage as well as the earlier meetings in the
Matanuska-Susitna Valley. He said he was overwhelmed at how
slanted all of the decisions and all of deliberations were
toward the commercial fishing interests. While he does make a
living from taking people fishing in the rivers, he was baffled
at how skewed it was. Even in the face of recommendations from
biologists to do something different, Mr. Morris chose to lead
the discussions in a way to favor commercial fishing interests
and Mr. Jensen followed suit. He said he was shocked and
frustrated at what he saw and is totally opposed to seeing Mr.
Morris on the board again.
2:57:34 PM
JERRY MCCUNE, Executive Director, United Fishermen of Alaska,
supported the re-appointments of Mr. Morris and Mr. Jensen to
the Board of Fisheries. He said he just now met Mr. Brown and
from his résumé he seems like a good candidate for the board.
In response to Co-Chair Gatto, Mr. McCune said he occasionally
sport fishes when he has time in the fall, but he is usually
pretty busy during the Copper River season or hatchery fishing.
Most people in rural areas like Cordova sport fish and hunt, he
said. In further response to Co-Chair Gatto, Mr. McCune
confirmed he makes his living from commercial fishing and has
fished since he was nine years old.
2:59:10 PM
CO-CHAIR JOHNSON closed public testimony and announced the
hearing will be continued on [3/19/08].
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 3:00 p.m.
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