Legislature(1995 - 1996)

04/22/1996 08:11 AM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE RESOURCES STANDING COMMITTEE                              
                         April 22, 1996                                        
                           8:11 a.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Joe Green, Co-Chairman                                         
 Representative William K. "Bill" Williams, Co-Chairman                        
 Representative Scott Ogan, Vice Chairman                                      
 Representative Alan Austerman                                                 
 Representative John Davies                                                    
 Representative Don Long                                                       
 Representative Irene Nicholia                                                 
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Ramona Barnes                                                  
 Representative Pete Kott                                                      
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 381                                                            
 "An Act relating to oil and gas conservation and recovery."                   
                                                                               
       - MOVED CSHB 381 (O&G) OUT OF COMMITTEE                                 
                                                                               
 CONFIRMATION OF GOVERNOR'S APPOINTMENTS TO THE BOARD OF FISHERIES             
 CS FOR SENATE BILL NO. 198(FIN)                                               
 "An Act establishing the Homer Airport Critical Habitat Area."                
                                                                               
      - SCHEDULED BUT NOT HEARD                                                
 CS FOR SENATE BILL NO. 199(FIN)                                               
 "An Act relating to environmental audits and health and safety                
 audits to determine compliance with certain laws, permits, and                
 regulations."                                                                 
                                                                               
      - SCHEDULED BUT NOT HEARD                                                
 HOUSE BILL NO. 516                                                            
 "An Act relating to air quality control."                                     
                                                                               
      - SCHEDULED BUT NOT HEARD                                                
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 381                                                               
 SHORT TITLE: OIL AND GAS CONSERVATION & RECOVERY                              
 SPONSOR(S): REPRESENTATIVE(S) GREEN,B.Davis                                   
                                                                               
 JRN-DATE     JRN-PG           ACTION                                          
 12/29/95      2366    (H)   PREFILE RELEASED                                  
 01/08/96      2366    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/08/96      2366    (H)   OIL & GAS, RESOURCES                              
 03/26/96              (H)   O&G AT 10:00 AM CAPITOL 124                       
 03/26/96              (H)   MINUTE(O&G)                                       
 04/16/96              (H)   O&G AT 10:00 AM CAPITOL 124                       
 04/17/96      3815    (H)   O&G RPT  CS(O&G) 3DP 1DNP 3NR                     
 04/17/96      3815    (H)   DP: OGAN, B.DAVIS, WILLIAMS                       
 04/17/96      3815    (H)   NR: BRICE, G.DAVIS, ROKEBERG                      
 04/17/96      3815    (H)   2 ZERO FISCAL NOTES (ADM, DNR)                    
 04/22/96              (H)   RES AT  8:00 AM CAPITOL 124                       
                                                                               
 BILL:  SB 198                                                               
 SHORT TITLE: HOMER AIRPORT CRITICAL HAB. AREA                                 
 SPONSOR(S): SENATOR(S) TORGERSON; REPRESENTATIVE(S) Navarre                   
                                                                               
 JRN-DATE     JRN-PG           ACTION                                          
 01/05/96      2058    (S)   PREFILE RELEASED - 1/5/95                         
 01/08/96      2058    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 01/08/96      2058    (S)   RES, FIN                                          
 02/21/96              (S)   RES AT  3:30 PM BUTROVICH ROOM 205                
 02/21/96              (S)   MINUTE(RES)                                       
 03/01/96              (S)   RES AT 11:30 AM BUTROVICH RM 205                  
 03/01/96              (S)   MINUTE(RES)                                       
 03/13/96              (S)   RES AT  3:30 PM BUTROVICH ROOM 205                
 03/14/96      2735    (S)   RES RPT  CS  3DP 2NR      SAME TITLE              
 03/22/96      2831    (S)   ZERO FISCAL NOTE TO CS (DNR)                      
 03/28/96              (S)   FIN AT  8:30 AM SENATE FINANCE 532                
 03/28/96      2939    (S)   ZERO FISCAL NOTE TO CS (F&G)                      
 03/28/96      2939    (S)   FIN RPT  CS  3DP 1NR      SAME TITLE              
 03/29/96              (S)   RLS AT 12:05 PM FAHRENKAMP RM 203                 
 03/29/96              (S)   MINUTE(RLS)                                       
 03/29/96      2964    (S)   FORTHCOMING CS RECEIVED                           
 03/28/96      2939    (S)   PREVIOUS ZERO FNS                                 
 04/01/96      2993    (S)   RULES TO CALENDAR  4/1/96                         
 04/01/96      2995    (S)   READ THE SECOND TIME                              
 04/01/96      2995    (S)   FIN  CS ADOPTED UNAN CONSENT                      
 04/01/96      2995    (S)   ADVANCED TO THIRD READING UNAN CONSENT            
 04/01/96      2995    (S)   READ THE THIRD TIME  CSSB 198(FIN)                
 04/01/96      2995    (S)   PASSED Y19 N1                                     
 04/01/96      2995    (S)   Adams  NOTICE OF RECONSIDERATION                  
 04/02/96      3028    (S)   RECON TAKEN UP - IN THIRD READING                 
 04/02/96      3028    (S)   PASSED ON RECONSIDERATION Y20 N-                  
 04/02/96      3030    (S)   TRANSMITTED TO (H)                                
 04/03/96      3615    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/03/96      3615    (H)   RESOURCES, FINANCE                                
 04/03/96      3629    (H)   CROSS SPONSOR(S): NAVARRE                         
 04/22/96              (H)   RES AT  8:00 AM CAPITOL 124                       
 BILL:  SB 199                                                               
 SHORT TITLE: ENVIRONMENTAL & HEALTH/SAFETY AUDITS                             
 SPONSOR(S): SENATOR(S) LEMAN,Pearce                                           
                                                                               
 JRN-DATE     JRN-PG           ACTION                                          
 01/05/96      2058    (S)   PREFILE RELEASED - 1/5/96                         
 01/08/96      2058    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 01/08/96      2058    (S)   RESOURCES                                         
 01/31/96              (S)   RES AT  3:30 PM BUTROVICH ROOM 205                
 01/31/96              (S)   MINUTE(RES)                                       
 02/02/96      2287    (S)   FIN REFERRAL ADDED                                
 03/06/96              (S)   RES AT  3:30 PM BUTROVICH ROOM 205                
 03/06/96              (S)   MINUTE(RES)                                       
 03/11/96              (S)   RES AT  3:30 PM BUTROVICH ROOM 205                
 03/11/96              (S)   MINUTE(RES)                                       
 03/12/96      2708    (S)   RES RPT  CS  4DP 1NR      NEW TITLE               
 03/12/96      2708    (S)   FISCAL NOTES TO SB & CS (DEC, F&G)                
 03/12/96      2708    (S)   INDETERMINATE FISCAL NOTE (DNR)                   
 03/12/96      2708    (S)   ZERO FISCAL NOTES TO SB & CS (DOT, MVA)           
 03/20/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 03/26/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 04/02/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 04/03/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 04/03/96              (S)   RLS AT  1:15 PM FAHRENKAMP RM 203                 
 04/03/96      3041    (S)   FIN RPT  CS  1DP 4NR 1AM  NEW TITLE               
 04/03/96      3041    (S)   FNS TO CS (DEC, DNR)                              
 04/03/96      3041    (S)   ZERO FN TO CS (DOT)                               
 04/03/96      3041    (S)   PREVIOUS FN (F&G)                                 
 04/03/96      3041    (S)   PREVIOUS ZERO FN (DMVA)                           
 04/09/96      3092    (S)   RULES TO CALENDAR & 1NR   4/9/96                  
 04/09/96      3094    (S)   READ THE SECOND TIME                              
 04/09/96      3094    (S)   FIN  CS ADOPTED Y11 N5 E4                         
 04/09/96      3095    (S)   ADVANCE TO THIRD READING FLD Y11 N5 E4            
 04/09/96      3095    (S)   THIRD READING 4/10 CALENDAR                       
 04/10/96      3128    (S)   READ THE THIRD TIME  CSSB 199(FIN)                
 04/10/96      3128    (S)   PASSED Y11 N9                                     
 04/10/96      3128    (S)   SALO  NOTICE OF RECONSIDERATION                   
 04/11/96      3161    (S)   RECON TAKEN UP - IN THIRD READING                 
 04/11/96      3161    (S)   PLACED AT BOTTOM OF CALENDAR                      
 04/11/96      3171    (S)   PASSED Y11 N9                                     
 04/11/96      3176    (S)   TRANSMITTED TO (H)                                
 04/12/96      3689    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/12/96      3690    (H)   RESOURCES, LABOR & COMMERCE                       
 04/17/96              (H)   RES AT  8:00 AM CAPITOL 124                       
 04/17/96              (H)   L&C AT  3:00 PM CAPITOL 17                        
 04/19/96              (H)   L&C AT  3:00 PM CAPITOL 17                        
 04/22/96              (H)   RES AT  8:00 AM CAPITOL 124                       
                                                                               
 BILL:  SB 199                                                               
 SHORT TITLE: ENVIRONMENTAL & HEALTH/SAFETY AUDITS                             
 SPONSOR(S): SENATOR(S) LEMAN,Pearce                                           
                                                                               
 JRN-DATE     JRN-PG           ACTION                                          
 01/05/96      2058    (S)   PREFILE RELEASED - 1/5/96                         
 01/08/96      2058    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 01/08/96      2058    (S)   RESOURCES                                         
 01/31/96              (S)   RES AT  3:30 PM BUTROVICH ROOM 205                
 01/31/96              (S)   MINUTE(RES)                                       
 02/02/96      2287    (S)   FIN REFERRAL ADDED                                
 03/06/96              (S)   RES AT  3:30 PM BUTROVICH ROOM 205                
 03/06/96              (S)   MINUTE(RES)                                       
 03/11/96              (S)   RES AT  3:30 PM BUTROVICH ROOM 205                
 03/11/96              (S)   MINUTE(RES)                                       
 03/12/96      2708    (S)   RES RPT  CS  4DP 1NR      NEW TITLE               
 03/12/96      2708    (S)   FISCAL NOTES TO SB & CS (DEC, F&G)                
 03/12/96      2708    (S)   INDETERMINATE FISCAL NOTE (DNR)                   
 03/12/96      2708    (S)   ZERO FISCAL NOTES TO SB & CS (DOT, MVA)           
 03/20/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 03/26/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 04/02/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 04/03/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 04/03/96              (S)   RLS AT  1:15 PM FAHRENKAMP RM 203                 
 04/03/96      3041    (S)   FIN RPT  CS  1DP 4NR 1AM  NEW TITLE               
 04/03/96      3041    (S)   FNS TO CS (DEC, DNR)                              
 04/03/96      3041    (S)   ZERO FN TO CS (DOT)                               
 04/03/96      3041    (S)   PREVIOUS FN (F&G)                                 
 04/03/96      3041    (S)   PREVIOUS ZERO FN (DMVA)                           
 04/09/96      3092    (S)   RULES TO CALENDAR & 1NR   4/9/96                  
 04/09/96      3094    (S)   READ THE SECOND TIME                              
 04/09/96      3094    (S)   FIN  CS ADOPTED Y11 N5 E4                         
 04/09/96      3095    (S)   ADVANCE TO THIRD READING FLD Y11 N5 E4            
 04/09/96      3095    (S)   THIRD READING 4/10 CALENDAR                       
 04/10/96      3128    (S)   READ THE THIRD TIME  CSSB 199(FIN)                
 04/10/96      3128    (S)   PASSED Y11 N9                                     
 04/10/96      3128    (S)   SALO  NOTICE OF RECONSIDERATION                   
 04/11/96      3161    (S)   RECON TAKEN UP - IN THIRD READING                 
 04/11/96      3161    (S)   PLACED AT BOTTOM OF CALENDAR                      
 04/11/96      3171    (S)   PASSED Y11 N9                                     
 04/11/96      3176    (S)   TRANSMITTED TO (H)                                
 04/12/96      3689    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/12/96      3690    (H)   RESOURCES, LABOR & COMMERCE                       
 04/17/96              (H)   RES AT  8:00 AM CAPITOL 124                       
 04/17/96              (H)   L&C AT  3:00 PM CAPITOL 17                        
 04/19/96              (H)   L&C AT  3:00 PM CAPITOL 17                        
 04/22/96              (H)   RES AT  8:00 AM CAPITOL 124                       
                                                                               
 BILL:  HB 516                                                               
 SHORT TITLE: AIR QUALITY PROGRAM AMENDMENTS                                   
 SPONSOR(S): REPRESENTATIVE(S) GREEN                                           
                                                                               
 JRN-DATE     JRN-PG           ACTION                                          
 02/12/96      2729    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/12/96      2729    (H)   RESOURCES, FINANCE                                
 04/17/96              (H)   RES AT  8:00 AM CAPITOL 124                       
 04/22/96              (H)   RES AT  8:00 AM CAPITOL 124                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 JEFF LOGAN, Legislative Aide                                                  
      to Representative Green                                                  
 Alaska State Legislature                                                      
 State Capitol, Room 24                                                        
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-4931                                                    
 POSITION STATEMENT:  Testified on HB 381                                      
                                                                               
 GRANT J. MILLER                                                               
 P.O. Box 2456                                                                 
 Sitka, Alaska  99833                                                          
 Telephone:  (907) 747-5982                                                    
 POSITION STATEMENT:  Appointee to the Board of Fisheries                      
                                                                               
 VIRGIL L. UMPHENOUR                                                           
 2400 Davis Road                                                               
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 456-3885                                                    
 POSITION STATEMENT:  Appointee to the Board of Fisheries                      
                                                                               
 DAN KELLY COFFEY                                                              
 207 East Northern Lights Boulevard, Number 200                                
 Anchorage, Alaska  99503                                                      
 Telephone:  (907) 274-3385                                                    
 POSITION STATEMENT:  Appointee to the Board of Fisheries                      
                                                                               
 CHRIS PERRY                                                                   
 P.O. Box 1808                                                                 
 Homer, Alaska  99603                                                          
 Telephone:  (907) 235-6069                                                    
 POSITION STATEMENT:  Opposed the appointment of Mr. Coffey and Mr.            
                      Umphenour                                                
                                                                               
 ART NELSON, Fisheries Biologist                                               
 Bering Sea Fishermen Association                                              
 725 Christensen Drive                                                         
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 279-6519                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour               
                                                                               
 ROBERT SUNDOWN, Fisheries Biologist                                           
 Association of Village Council Presidents                                     
 P.O. Box 219                                                                  
 Bethel, Alaska  99559                                                         
 Telephone:  (907) 543-3521                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      opposed the appointment of Mr. Coffey                    
                                                                               
 MYRON NANENG, President                                                       
 Association of Village Council Presidents                                     
 P.O. Box 219                                                                  
 Bethel, Alaska  99559                                                         
 Telephone:  (907) 543-3521                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      opposed the appointment of Mr. Coffey                    
                                                                               
 JACOB OLANNA, SR.                                                             
 Kawerak, Incorporated                                                         
 P.O. Box 948                                                                  
 Nome, Alaska  99762                                                           
 Telephone:  (907) 443-4728                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      opposed the appointment of Mr. Coffey                    
                                                                               
 ROY ASHENFELTER, Subistence Fisherman                                         
 Kawerak, Incorporated                                                         
 P.O. Box 948                                                                  
 Nome, Alaska  99762                                                           
 Telephone:  (907) 443-4324                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      opposed the appointment of Mr. Coffey                    
                                                                               
 JACOB AHWINONA, Subsistence Fisherman                                         
 Kawerak, Incorporated                                                         
 P.O. Box 746                                                                  
 Nome, Alaska  99762                                                           
 Telephone:  (907) 443-5702                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      opposed the appointment of Mr. Coffey                    
                                                                               
 JOHN CHILDS, Commercial Fisherman and Sportsfishing Guide                     
 2091 Yellow Snow Road                                                         
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 455-6028                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour               
                                                                               
 BILL HENRY                                                                    
 1081 Duck Pond Road                                                           
 North Pole, Alaska  99705                                                     
 Telephone:  (907) 488-6800                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour               
                                                                               
 GARY HULL, Sportsfish Guide                                                   
 P.O. Box 1964                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-5661                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 TYLAND VAN LIER, Sportsfish Guide                                             
 P.O. Box 2357                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-1521                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 RHON LYONS, Sportsfish Guide                                                  
 P.O. Box 731                                                                  
 Sterling, Alaska  99672                                                       
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 JOHN EFTA                                                                     
 P.O. Box 353                                                                  
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 283-5899                                                    
 POSITION STATEMENT:  Opposed the appointment of Mr. Coffey                    
                                                                               
 BEN ELLIS, Executive Director                                                 
 Kenai River Sport Fishing Association                                         
 P.O. Box 1228                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-8088                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 DOUG SWEAT                                                                    
 11516 Gilliam Way                                                             
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 455-8810                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      opposed the appointment of Mr. Coffey                    
                                                                               
 MIKE WING, Commercial Fisherman                                               
 P.O. Box 55122                                                                
 North Pole, Alaska  99705                                                     
 Telephone:  (907) 488-2757                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour               
                                                                               
 LAURA AMUNDSON                                                                
 590 Gold Mine Trail                                                           
 Fairbanks, Alaska 99712                                                       
 Telephone:  (907) 457-7191                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      testified on the appointment of Mr. Coffey               
                                                                               
 DICK BOWER, Member                                                            
 Board of Fisheries                                                            
 P.O. Box 3662                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-7132                                                    
 POSITION STATEMENT:  Testified on the appointments of Mr.                     
                      Umphenour, Mr. Coffey and Mr. Miller                     
                                                                               
 JOE HARDY, Representative                                                     
 Local SPARIC Chapter                                                          
 Kenai, Alaska  99669                                                          
 Telephone: (907) 262-9981                                                     
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 JOE HANES, President                                                          
 Kenai River Guides Association                                                
 P.O. Box 3132                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-6388                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 BRAD ADAMS                                                                    
 P.O. Box 994                                                                  
 Soldotna, Alaska 99669                                                        
 Telephone:  (907) 262-1961                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 GILBERT HUNTINGTON, Co-Chair                                                  
 Yukon River Drainage Fisheries Association                                    
 P.O. Box 264                                                                  
 Galena, Alaska  99741                                                         
 Telephone:  (907) 656-1435                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                     Mr. Miller, Opposed the appointment of Mr.                
                     Coffey                                                    
                                                                               
 RICHARD BURNMAN, Subsistence and Commercial Fisherman                         
 Kaltag, Alaska                                                                
 Telephone:  (907) 534-2203                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour               
                                                                               
 JOE HAGER, Sport fish Guide                                                   
 P.O. Box 11                                                                   
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-1575                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 RON KANDAS                                                                    
 P.O. Box 2744                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-1961                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 CHARLIE DREW, Sport fisherman                                                 
 P.O. Box 3132                                                                 
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-6388                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Coffey,                 
                      Testified on the appointment of Mr. Umphenour            
                                                                               
 DALE BONDURANT                                                                
 HC1 bOX 1197                                                                  
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-0818                                                    
 POSITION STATEMENT:  Testified on the Confirmation Process                    
                                                                               
 DREW SPARLIN                                                                  
 37010 Cannery Road                                                            
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 283-4095                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Miller                  
                      Opposed the appointment of Mr. Coffey                    
                                                                               
 IRENE FANDEL, Business Owner                                                  
 702 Lawton Drive                                                              
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 283-4501                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour               
                                                                               
 HENRY FANDEL, Business Owner and Sportsfish Guide                             
 702 Lawton Drive                                                              
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 283-4501                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 BILL WHITNEY                                                                  
 HC3 Box 5762                                                                  
 Soldotna, Alaska  99669                                                       
 Telephone:  (907) 262-2535                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Umphenour and           
                      Mr. Coffey                                               
                                                                               
 PAUL DALE, President                                                          
 Salmon Producers Alliance                                                     
 P.O. Box 2725                                                                 
 Kenai, Alaska  99611                                                          
 Telephone:  (907) 776-5342                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Miller and              
                      Testified on the appointment of Mr. Umphenour            
                                                                               
 JERRY McCUNE, Lobbyist                                                        
 United Fishermen of Alaska                                                    
 211 4th Street, Number 122                                                    
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-2820                                                    
 POSITION STATEMENT:  Supported the appointment of Mr. Miller                  
                      Opposed the appointment of Mr. Coffey and                
                      Testified on Mr. Umphenour                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-61, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CO-CHAIR JOE GREEN called the House Standing Committee on Resources           
 to order at 8:11 a.m.  Members present at the call to order                   
 included Austerman, Long, Ogan, Williams and Green.  A quorum was             
 present.  This meeting was teleconferenced to Anchorage, Fairbanks,           
 Bethel, Homer, Kenai, Sitka, Kodiak, Nome and various offnet sites.           
                                                                               
 CO-CHAIR GREEN announced that the agenda would include HB 381,                
 Governor's Appointment to the Board of Fisheries, SB 199, SB 198              
 and HB 516 if time allowed.                                                   
 HB 381 - OIL AND GAS CONSERVATION & RECOVERY                                 
                                                                              
 Number 0061                                                                   
                                                                               
 CO-CHAIR GREEN announced that the first item on the agenda was HB             
 381, an act relating to oil and gas conservation and recovery.                
                                                                               
 JEFF LOGAN, Legislative Aide to Representative Green, was first to            
 testify.  He read the sponsor statement into the record, "HB 381              
 clarified that the powers of the Alaska Oil and Gas Conservation              
 Commission (AOGCC) to prevent waste, protect correlative rights and           
 realize ultimate recovery on all state land lawfully subject to its           
 police powers prevails over a contrary decision by the DNR.                   
                                                                               
 AS 31.05.027 states very clearly that, `The authority of the                  
 commission applies to all land in the state lawfully subject to its           
 police powers.'  However, recently the administration has raised              
 the specter of overlapping jurisdiction."                                     
                                                                               
 MR. LOGAN referred to the document titled, "Decision Regarding                
 Jurisdiction," located in the committee packet and continued                  
 reading the statement, "We believe that a clear, concise line of              
 authority from the legislature to the independent agency, the oil             
 and gas commission, is important for the development of our                   
 hydrocarbon resources."                                                       
                                                                               
 Number 0177                                                                   
                                                                               
 REPRESENTATIVE ALAN AUSTERMAN asked for a section by section                  
 analysis on HB 381.                                                           
                                                                               
 MR. LOGAN said the first section of HB 381 does exactly as the                
 language states, it allows the AOGCC to modify determination or               
 action by the commissioner of the Department of Natural Resources             
 (DNR) except for 38.05.180, subsections (p), (q) and (u).  He said            
 Section 1 does not allow the AOGCC to modify subsection (j), which            
 was HB 207, passed last year, allowing the commissioner of DNR to             
 change royalty rates.                                                         
                                                                               
 Number 0266                                                                   
                                                                               
 CO-CHAIR GREEN said the other sections of HB 381 have to do with              
 unitization, which is a prerogative of DNR as opposed to the AOGCC.           
 He said HB 381 says, where concessions or agreements have been                
 reached with DNR because the leases being on state property, if               
 there is a jurisdictional dispute which includes conservation or              
 correlative rights, the two prime functions of the AOGCC, the AOGCC           
 would have authority.  He said in other states with subsurface                
 mineral rights there is a continuing need to prevent waste of the             
 reservoir and protect correlative rights.  He said in all the                 
 boundaries, except for the Kenai Moose Range and the potential                
 Northstar unit, the mineral rights are kept by the state of Alaska.           
 He said, in the future, there are possibilities for Native                    
 ownership or federal ownership of subsurface mineral rights.  He              
 said HB 381 just makes a stronger statement about what is already             
 in state law.                                                                 
                                                                               
 Number 0400                                                                   
                                                                               
 CO-CHAIR BILL WILLIAMS made a motion to "move CSHB 381                        
 (indiscernible) with individual recommendations."  Hearing no                 
 objections CSHB 381 was moved from the House Standing Committee on            
 Resources.                                                                    
 GOVERNOR'S APPT. TO BOARD OF FISHERIES                                      
                                                                               
 Number 0433                                                                   
                                                                               
 CO-CHAIR GREEN announced the next item on the agenda was the                  
 Confirmation of Grant Miller to the Board of Fisheries.                       
                                                                               
 Number 0460                                                                   
                                                                               
 GRANT J. MILLER, said he was 49 years old, lived in Sitka and had             
 been a commercial fisherman for 30 years.  He said his wife and two           
 sons have been in the commercial fish business and have fished                
 together since coming to Alaska in 1977.  He said his sons grew up            
 on the boat and the family has spent their lives fishing in Alaska            
 and has dedicated their efforts to Alaska and its resources.                  
                                                                               
 MR. MILLER said he has participated in power trolling in the                  
 Southeast Alaska salmon troll fisheries since 1977.  Three years              
 ago, he began seining, currently his primary income, to obtain                
 salmon in Southeast Alaska.  He said he has experience in many                
 different fisheries on the East Coast, participating in bottom                
 dragging, scallop fishing, fish traps, and inshore and offshore               
 lobster fishing.  He said, in California, he fished for anchovy and           
 herring with a power seine and began salmon trolling there.  He               
 said he herring gillnetted in California as well as herring                   
 gillnetting in Alaska from Kah Shakes to Norton Sound.  He said he            
 operated a herring bait pound in Sitka as well as longlining for              
 Halibut.  He said he currently does this with the trolling and the            
 seining boats.                                                                
                                                                               
 Number 0590                                                                   
                                                                               
 MR. MILLER said he has a Merchant Marine license of up to 1,600               
 tons.  He said he has spent a great deal of his life in Alaska                
 dedicated to the resources of the state.  He served on the Northern           
 Southeast Regional Aquaculture Association Board for ten years and            
 was president for eight years.  He served on the Sitka Committee on           
 Alcohol and Other Drugs, the Sitka Committee on Fisheries, is a               
 member of the Seafood Producers Co-op Board of Directors and a                
 member of United Fishermen of Alaska.  He said he has an extensive            
 background in fisheries and felt he could contribute to the                   
 decision making process.  He said he fully supports the Board of              
 Fisheries process and that is the reason why he put his name in to            
 be on this board.  He said he would like to see the process                   
 strengthened, that although it has done a great job so far, there             
 is room for improvement.                                                      
                                                                               
 Representatives Davies and Nicholia joined the committee at 9:25              
 a.m.                                                                          
                                                                               
 Number 0654                                                                   
                                                                               
 REPRESENTATIVE ALAN AUSTERMAN said, over the last few weeks,                  
 questions have been raised about Mr. Miller's residency status in             
 the state of Alaska.  He said people have said Mr. Miller does not            
 own a home in Alaska, but owns a home in the state of Washington              
 and that both of his sons graduated from high school in Washington            
 high schools within the past few years.  He asked Mr. Miller to               
 clarify his residency.                                                        
                                                                               
 Number 0693                                                                   
                                                                               
 MR. MILLER said he has been a resident in the state of Alaska since           
 1984, owning two homes in the state as well as a couple of other              
 lots.  He said he owns a piece of property in Vashon, Washington              
 which he invested in "because we have no retirement in our fishery,           
 it seems like a good thing to do."  He said his family has been in            
 the process of building a house on his Vashon property.  He said,             
 on family vacations, they spend time in that house working on it as           
 it is not yet finished.                                                       
                                                                               
 Number 0765                                                                   
                                                                               
 MR. MILLER said, in regards to his children, his oldest son                   
 graduated from a high school in Sitka.  He said his youngest son,             
 when he was 18 years old, chose to finish his senior year and                 
 graduate from Vashon High School in order to play baseball and                
 receive educational options not available in Sitka.  He said his              
 youngest son did graduate from a high school in the state of                  
 Washington while he remained in Alaska.  He said he dedicated his             
 life to Alaska, its resources and its communities.  He said he owns           
 property in Alaska and pays quite a bit of property taxes in the              
 city of Sitka.                                                                
                                                                               
 Number 0797                                                                   
                                                                               
 REPRESENTATIVE SCOTT OGAN clarified that his son graduated from a             
 high school located in the state of Washington and then asked how             
 many months he spent in the state of Alaska during that year.                 
                                                                               
 Number 0840                                                                   
                                                                               
 MR. MILLER said he spent 9.5 to 10 months in the state of Alaska.             
 He said, during his vacation, work was done on the house and boat             
 in the state of Washington.  During that vacation, his son decided            
 to stay and finish high school.  He said his family came back to              
 the state of Alaska to continue their life and business while his             
 son stayed in the state of Washington because he was 18 years old             
 and Mr. Miller said he respected his decision.  He said his                   
 youngest son did join the family for the Alaskan salmon season.               
                                                                               
 Number 0882                                                                   
                                                                               
 CO-CHAIR GREEN asked if he received the permanent fund dividend               
 (PFD).                                                                        
                                                                               
 Number 0890                                                                   
                                                                               
 MR. MILLER said he and his family has received PFDs since 1984.               
                                                                               
 Number 0902                                                                   
                                                                               
 CO-CHAIR GREEN referred to his comment about spending 9.5 to 10               
 months in the state of Alaska, and asked him if this was a                    
 representative number.  He asked if his absence has caused any                
 problems with attendance to the Board of Fisheries meetings.                  
                                                                               
 Number 0936                                                                   
                                                                               
 MR. MILLER said his absence, over the last two years, were a little           
 longer than normal because of bringing his sein boat south to redo            
 the refrigeration system and, last year, to rebuild the fish hold.            
 He said it was impossible to do those things in Sitka, as a result            
 over two months were spent down south.  The family returned to                
 Alaska during the first part of February.                                     
                                                                               
 Number 0977                                                                   
                                                                               
 REPRESENTATIVE AUSTERMAN said doing this boat work is standard                
 practice for commercial fishermen because of the limited facilities           
 in the state of Alaska.                                                       
                                                                               
 Number 0987                                                                   
                                                                               
 MR. MILLER agreed and said it depends on the work involved.  He               
 said the rebuilding of the fish hold required a great deal of                 
 fiberglass work and the spraying of foam and there was no facility            
 for that type of work here in the state.  He said he made an                  
 attempt to do some of the refrigeration work in Alaska, but was               
 unsuccessful, so the work was done down south.                                
                                                                               
 Number 1022                                                                   
                                                                               
 REPRESENTATIVE AUSTERMAN said, in the past, it had been standard              
 practice to take boats south to be worked on, but the Seward                  
 shipbuilding facility has been built up and a lot of boats are now            
 going there to have work done.  He said Southeast fishermen have a            
 problem with the distance required to take their boats to Seward.             
                                                                               
 Number 1045                                                                   
                                                                               
 CO-CHAIR GREEN referred to a recent Board of Fisheries meeting and            
 said Mr. Miller had put a motion forward limiting power boats on              
 the Kenai River when most of the audience had left.  He asked Mr.             
 Miller to comment on this.                                                    
                                                                               
 Number 1076                                                                   
                                                                               
 MR. MILLER said it was suggested to him, after a contentious                  
 meeting, to put a "feel good" proposal on the table so that                   
 everyone could feel good about the meeting and he did so.  He said,           
 everyone was exhausted at the end of the meeting, no one wanted to            
 address the proposal.  He said his intention of bringing the                  
 proposal to the floor was upon a suggestion and he had no idea that           
 it would create a problem.                                                    
                                                                               
 Number 1117                                                                   
                                                                               
 CO-CHAIR GREEN asked him to describe the proposal.                            
                                                                               
 Number 1124                                                                   
                                                                               
 MR. MILLER said he believed it was a proposal to limit a section of           
 the Kenai River to drift-boat-only fishing.  He said there had been           
 discussions on power boats and said the Board of Fisheries has some           
 concern about power boats.  He said the proposal wasn't discussed             
 as to the ramifications and Mr. Miller reiterated that it was                 
 raised because it was something the entire board could agree on.              
                                                                               
 CO-CHAIR GREEN asked if he was still in favor of the proposal.                
                                                                               
 Number 1173                                                                   
                                                                               
 MR. MILLER said he could not say whether or not he was in favor of            
 the proposal.  He said would like to get input and discussion on              
 the proposal and added that he did not know enough about the                  
 ramifications.                                                                
                                                                               
 Number 1182                                                                   
                                                                               
 CO-CHAIR GREEN clarified that Mr. Miller submitted this proposal              
 and now he is not so sure he can support it.                                  
                                                                               
 Number 1190                                                                   
                                                                               
 MR. MILLER said he submitted the proposal was because he was told             
 it was a proposal that everyone would agree on and the board could            
 walk away feeling good.  He said he did not scrutinize it, study              
 it, have conversations about what it might mean, or what the                  
 ramifications of the proposal might be.  He said he did not propose           
 the proposal, he only moved to bring it to the floor for reasons              
 other than what the content of the proposal was.  He said it was              
 probably a mistake on his part being a new board member, if he had            
 known it was going to be a contentious item he would not have done            
 it.                                                                           
                                                                               
 Number 1226                                                                   
                                                                               
 CO-CHAIR GREEN said he proposed HJR 51 in an effort to try to                 
 curtail the number of sport fishermen on the Kenai River in concern           
 for the degradation over fishing.  He asked Mr. Miller for his                
 input on HJR 51.                                                              
                                                                               
 Number 1252                                                                   
                                                                               
 MR. MILLER said he felt the resources of this state should                    
 primarily be for the residents of this state.  He said when there             
 is an abundance of a resource, we can share that resource, but when           
 there is a conservation problem or when the resource is limited               
 there should be some control on the non-resident users.  He said,             
 regarding the issue of allocation, the problem comes from an                  
 expanding user group which he would identify as the guided sport              
 fishing group because every other user group is limited in some way           
 or another.  He said the resident sport effort has remained                   
 constant over the past few years and does not seem to be the                  
 problem.  The problem is the growing use of the resource by guided            
 sport, particularly non-resident people, and without a control the            
 state could jeopardize not only the resource but other users in the           
 commercial fishing industry.                                                  
                                                                               
 Number 1317                                                                   
                                                                               
 CO-CHAIR GREEN said Governor Knowles' Transition Team on Fisheries            
 has recommended that the Board of Fisheries be split in order to              
 create a Board of Shellfish as either a subgroup or equal group to            
 the Board of Fisheries and asked Mr. Miller if he had any feeling             
 on whether or not this was a good idea.                                       
                                                                               
 Number 1333                                                                   
                                                                               
 MR. MILLER said a more economical method might be used to                     
 streamline this board process to make it more efficient.  He said             
 he would like to see an improved advisory board and have the                  
 advisory board, possibly by statute, receive representation from              
 all user groups within their areas.  He said he would like to see             
 the proposals, which come before the Board of Fisheries, go through           
 the advisory committee process.  He said those committees are in              
 place and having them review the proposals before they go to the              
 board would eliminate a lot of proposals or would combine                     
 proposals.  He said the advisory committees can offer                         
 recommendations, which would ultimately reduce the number of                  
 proposals coming before the board in a given year.  He said, when             
 you have a situation where anyone can sit down and write a proposal           
 or three or four or five proposals, submit those proposals without            
 any support, you end up with a large number of proposals before the           
 board which creates a burden.  He said the Board of Fisheries is              
 getting to the point where they are feeling this burden.                      
                                                                               
 Number 1402                                                                   
                                                                               
 CO-CHAIR GREEN referred to the F.I.S.H. initiative petition which             
 had been signed and will be on the ballot and said he is concerned            
 over the need to resort to a petition to allocate fish.  He asked             
 if it was a system failure and, if so, who failed.                            
                                                                               
 Number 1425                                                                   
                                                                               
 MR. MILLER said he felt it was probably as much a sign of the times           
 as any failure on the part of the system.  He said when a resource            
 becomes limited, is reduced in any way or a user group grows, there           
 are going to be users usurping other users to achieve a bigger                
 piece.  He said when these users are not satisfied, or don't get a            
 bigger share through the process we have, people tend to resort to            
 the legal system or to initiatives.  He said it is his hope that              
 the board process can be strengthened and make it work to prevent             
 petitions, initiatives or litigation.                                         
                                                                               
 Number 1471                                                                   
                                                                               
 CO-CHAIR GREEN said it appeared from what Mr. Miller said that if             
 there was an allocation problem, the Board of Fisheries should                
 handle it, rather than have the issue go to an initiative petition            
 or to the legislature.  He asked why it has taken an initiative               
 petition to resolve this allocation issue and why the Board of                
 Fisheries hadn't resolved this issue sooner.                                  
                                                                               
 Number 1540                                                                   
                                                                               
 MR. MILLER said, at times when issues appear unresolvable, other              
 approaches can be taken such as arbitration which had been                    
 previously used on this issue.  He said if the involved parties               
 could sit down and identify specific areas to address, maybe a task           
 force could be selected, of scientists, to develop data to make a             
 better decision.  He said, it is always a difficult issue, when you           
 come to allocation and someone has to give up something and other             
 people don't feel that they are getting their full share.  He said            
 he does not believe the allocation issue will be resolved until the           
 state gets control over an expanding user group.                              
                                                                               
 Number 1584                                                                   
                                                                               
 CO-CHAIR GREEN asked him if he would want yet another study and to            
 fix this problem legislatively.                                               
                                                                               
 MR. MILLER agreed that there are a lot of studies, but said studies           
 need to have a focus and that focus might change from year to year.           
 He said he was suggesting that if you have a scientific focus on a            
 particular aspect of the problem then you might get an answer.  He            
 said he is not able to give a clear answer because it is not a                
 issue which allows a simple answer.  He said, through the board               
 process, any improvement that can be achieved can come to a                   
 resolution, but reiterated that this will be a tough issue.                   
                                                                               
 Number 1621                                                                   
 REPRESENTATIVE JOHN DAVIES asked him what aspects of the board                
 process would he want strengthened and how those aspects would                
 assist in the allocation issues.                                              
                                                                               
 Number 1633                                                                   
                                                                               
 MR. MILLER said he would like to strengthen the advisory committee            
 portion of this process.  He said a lot of these issues, rather               
 than being heard before the whole board, could be resolved, or at             
 least some consensus achieved with a majority vote coming out of              
 each region through the advisory committee.  He said most issues              
 could be heard at this level and then the advisory committee could            
 make their recommendations to the Board of Fisheries in order to              
 save time, address the issues themselves and hopefully come up with           
 a solution at that level.  He said a strengthened advisory                    
 committee process would allow the Board of Fisheries to address the           
 serious issues.                                                               
                                                                               
 Number 1675                                                                   
                                                                               
 CO-CHAIR GREEN, "is there any problem with any member of the                  
 committee for moving Mr. Miller's name on.  Hearing none."                    
                                                                               
 CONFIRMATION OF VIRGIL L. UMPHENOUR TO THE BOARD OF FISHERIES                
                                                                              
 Number 1714                                                                   
 MR. VIRGIL L. UMPHENOUR said he moved to Alaska in 1971 after                 
 returning from Vietnam.  He said he has been involved in hunting              
 and fishing all of his life.  He spent time up in Nome as an                  
 officer of the Alaska National Guard and was executive officer for            
 the first scout battalion in Nome and his last assignment, before             
 retirement, was as intelligence officer for the Scouts in the                 
 state, all the way from Ketchikan to Kotzebue and Barrow.  He said            
 he spent time in the rural areas, been a high powered rifle                   
 competitor and, as such, he has had a lot of association with                 
 sporting groups.  He said he has an understanding of what the needs           
 of the people in the state are regarding fisheries.                           
                                                                               
 MR. UMPHENOUR filed a limited entry permit in 1984 for a fish wheel           
 in the upper Yukon River and in 1985 he started a small, processing           
 business.  He said he has a plant in North Pole and one in                    
 Fairbanks which does value added processing, buying fish from                 
 primarily the upper Yukon River districts.  He also processes                 
 personal use and poor caught fish.  He said he helped organize the            
 Yukon River Drainage Fisheries Association and was Co-Chair until             
 he was appointed to the Board of Fisheries two years ago.  He                 
 served on the Yukon River Salmon Treaty Negotiations since 1989.              
 He said, being on the Board of Fisheries, means you deal with a lot           
 of contentious issues and said board members are needed who have an           
 understanding of all the fisheries in the state, not just a                   
 regional understanding, and said this is why he thought he should             
 remain on the Board of Fisheries.                                             
 Number 1831                                                                   
                                                                               
 REPRESENTATIVE IRENE NICHOLIA said Mr. Umphenour has the backing of           
 the sport, commercial and subsistence fishery user group.  She said           
 as a board member it is impossible to make everyone happy, but said           
 he has worked hard to make fair decisions backed up by hours of               
 work on his part.  She asked him to explain the role of sustained             
 yield and conservation in his decision making as a board member and           
 how should these two management principles affect allocation of the           
 state of Alaska's fishery resource.                                           
                                                                               
 Number 1875                                                                   
                                                                               
 MR. UMPHENOUR said sustained yield is mandated by the constitution            
 of the state of Alaska.  He said the delegates spend a lot of time            
 on this subject and said that, sometimes, sustained yield can be              
 defined scientifically such as with timber or agricultural                    
 resources.  He said fish and game resources are much harder to                
 define and said there is no definition in the state constitution              
 regarding sustained yield, so he described his definition of                  
 sustained yield in fisheries as being enough fish for return to the           
 spawning grounds, this definition adheres mostly to salmon, so that           
 after those fish spawn the life cycle will produce enough fish so             
 that all consumptive human users will get their average historical            
 share of those fish, plus enough fish on the spawning grounds to              
 perpetuate fish runs into the future.                                         
 Number 1949                                                                   
                                                                               
 MR. UMPHENOUR said the state needs to conserve the resource and               
 said conservation fits in with the sustained yield part of his                
 answer.  He said, as a Board of Fisheries member, you must decide             
 what is the most important; conservation of the resource or                   
 consumptive uses.  He said, at times, you are going to have to cut            
 the consumptive uses and the Board of Fisheries has stopped                   
 consumptive uses to conserve the resource.  He said the sustained             
 yield and the conservation aspect work hand in hand.                          
                                                                               
 Number 1987                                                                   
                                                                               
 CO-CHAIR GREEN asked him if there was enough escapement into the              
 various rivers and tributaries for sport fishing and renewal of the           
 resource or would an imposition be required on commercial                     
 fishermen.                                                                    
                                                                               
 Number 2002                                                                   
                                                                               
 MR. UMPHENOUR said no, he did not say that.  He said, when he                 
 referred to consumptive users, he meant commercial fishing,                   
 personal use fishing, sport fishing and subsistence use fishing.              
 He said, a lot of times, the personal use, sport and subsistence              
 fishing is one and the same.  He said a lot of people feed their              
 family using sport fish equipment and under a sport fish license.             
 He said, when we are conserving the resource and identifying the              
 priorities in allocation, the sport fish and the commercial fish              
 allocation are on equal footings.  He said, in his mind the                   
 personal use fish would come next with the subsistence fish having            
 the highest priority of all.                                                  
                                                                               
 Number 2046                                                                   
                                                                               
 CO-CHAIR GREEN said there is a conflict occurring between the                 
 Alaska constitution and the federal government on allocation and              
 asked if he had an opinion on this issue.                                     
                                                                               
 Number 2057                                                                   
                                                                               
 MR. UMPHENOUR said the main controversy is whether or not rural               
 residents should have priority over urban residents.  He said both            
 the Board of Fisheries and the Board of Game have made seasons in             
 areas, at times when it would be very difficult for urban people to           
 participate.  He said most people are not going to spend a thousand           
 dollars to catch a few salmon.  He said, generally, he does not               
 favor federal management of the state's resources and said the                
 state can do other things such as setting up seasons and bag limits           
 which will give the rural people some type of preference.                     
                                                                               
 Number 2129                                                                   
                                                                               
 CO-CHAIR GREEN said the state of Alaska has had a problem with                
 allocation for a number of years and asked him if he had a                    
 suggestion as to why the state needed to resort to a petition or              
 legislative impetus because the problem could not be resolved, as             
 it should be, by the Board of Fisheries.                                      
                                                                               
 Number 2162                                                                   
                                                                               
 MR. UMPHENOUR said the problem of allocation can be resolved by the           
 Board of Fisheries.  He said one of the problems the Board of                 
 Fisheries had was that the people, who do not have a lot of money,            
 do not get as much input into the process as the people who have a            
 lot of money.  He said the wealthier interests have paid attorneys            
 and paid lobbyist who work full time and lobby very heavily at                
 board meetings.  He said the people who are just trying to get fish           
 to feed their family do not have that money, cannot travel great              
 distances and spend up to 15 days at meetings.  He said because of            
 the system, many times of the subsistence users and sport users are           
 at a definite disadvantage and so it is incumbent on the board                
 members to try to see through to the issues.                                  
                                                                               
 MR. UMPHENOUR said some of the organizations go so far as to hire             
 the head of the School of Fisheries in the state of Washington as             
 well as professors and attorneys from the state of Washington to              
 lobby their interest.  He said scientific reports and all types of            
 things are brought forth to confuse the board members.  He said a             
 board member has to see through the system to see what money buys             
 and see what the credibility is.                                              
                                                                               
 Number 2339                                                                   
                                                                               
 REPRESENTATIVE AUSTERMAN said there is a perceived notion that Mr.            
 Umphenour has a strong bias in reference to Area M and the Yukon              
 Kuskokwim delta.  In the House Special Committee on Fisheries, Mr.            
 Umphenour made a reference to Colonel Glass's statement, from the             
 Department of Public safety, that there was a lot of chum chucking            
 going on in the Area M fisheries.  Since then Representative                  
 Austerman read some articles, which had interviews with Colonel               
 Glass in reference to the investigation of the chum chucking in the           
 Area M, where they could not prove that any chum chucking had                 
 occurred.  He said maybe one or two cases were found where fish               
 were thrown overboard, but the investigation did not find anything.           
 He asked Mr. Umphenhour to clarify the statement he made at the               
 previous meeting.                                                             
                                                                               
 Number 2387                                                                   
                                                                               
 MR. UMPHENOUR said Colonel Glass, in his report, had said that chum           
 salmon were frequently, "released," and he reported this to the               
 Board of Fisheries and its members.  Colonel Glass said there was             
 no way to know whether the fish lived or died.  He said, when fish            
 are caught in a gillnet, the odds of them surviving are 1 percent.            
 When the fish are caught in a purse seine and hauled up on deck,              
 then grabbed by the tail and hauled overboard the fish survival               
 rate is probably less than 10 percent.  He said, when the state               
 troopers conducted their investigation in the south peninsula                 
 fishery last year, they ran their regular trooper vessels and                 
 compared this situation with parking a state trooper car with its             
 big lights next to a stop sign to see how many people will run the            
 stop sign.  He said fishermen from Area M are sick of some                    
 fishermen throwing hundreds of thousands of chums overboard.  He              
 said he could supply the committee with a letter that estimates               
 that, in 1994, fishermen chucked 2 million chums overboard.                   
                                                                               
 Number 2359                                                                   
                                                                               
 REPRESENTATIVE DAVIES referred to the rural versus urban issue and            
 said that a majority of subsistence users are in the rural areas.             
 He asked if there was anyway to discuss this issue without using              
 strict urban versus rural geographic boundaries.                              
                                                                               
 Number 2384                                                                   
                                                                               
 MR. UMPHENOUR said the Tier 2 system gives him a great amount of              
 problems, because it is easily superseded by stretching the truth             
 when filling out the application system such as for caribou hunting           
 in Unit 13.  He said it is really hard to answer this question                
 because of his association with a large number of people from rural           
 areas and said the resource can only take so much pressure.                   
                                                                               
 Number 2424                                                                   
                                                                               
 MR. UMPHENOUR said at the Board of Game meeting, earlier this month           
 in Fairbanks, they made fee proposals and department proposals                
 relating to moose hunting in the middle Yukon area.  He said you              
 need to declare whether you are going to be a general hunter, a               
 sport hunter or a subsistence hunter.  If you were going to be a              
 sport hunter then there were going to be (indiscernible)                      
 restrictions on you, if you were going to be a subsistence hunter             
 then other restrictions were placed on you and said this seemed to            
 be one of the best ways to solve the problem in that area.  He                
 said, in regards to the entire state...                                       
                                                                               
 TAPE 96-61, SIDE B                                                            
 Number 0000                                                                   
                                                                               
 MR. UMPHENOUR, "it is going to be up to the Board of Fisheries and            
 the Board of Game to decide."                                                 
                                                                               
 Number 0012                                                                   
                                                                               
 REPRESENTATIVE DON LONG referred to the comment that he would like            
 to see the state manage its wildlife fish resources and said it               
 appeared to him that to equally distribute fisheries throughout the           
 state a constitutional amendment would be needed.                             
                                                                               
 Number 0037                                                                   
                                                                               
 MR. UMPHENOUR said he did not think a constitutional amendment was            
 needed to distribute the fisheries in a fair manner.  He said, in             
 recent years, the fish prices have dramatically dropped and a lot             
 of commercial fishermen have had to catch two or three times as               
 much fish to maintain their lifestyle and said the resource cannot            
 handle that.  He said the biggest problem is that the fish are not            
 marketed properly.  He said chum and pink salmon should be                    
 incorporated into the federal supply system.                                  
                                                                               
 Number 0161                                                                   
                                                                               
 REPRESENTATIVE NICHOLIA asked him to explain his action on the crab           
 fishery in Area M.                                                            
                                                                               
 Number 0168                                                                   
                                                                               
 MR. UMPHENOUR said the Board of Fisheries identified statewide crab           
 fishing.  He said there were experimental deep water fisheries                
 occurring in the peninsula, in the Aleutian Islands areas, and the            
 Alaska Department of Fish and Game (ADFG) wanted to put a crab pot            
 limit so that a vessel would only have so many pots.  He said the             
 fear was that those large vessels, primarily from Washington state            
 area, have over a thousand pots as the vessels have in the king               
 crab fishery off Adak and the there was a need to prevent huge                
 harvesting in order to gather scientific data and prevent over                
 fishing in those crab fisheries.  He mentioned that crab fisheries            
 were closed all over the state.                                               
                                                                               
 MR. UMPHENOUR said most of the smaller vessel fishermen, who tend             
 to be from Kodiak and Area M, are limit seiner type of vessels, up            
 to 58 feet long.  He said these vessels cannot use these large 7 by           
 7 pots, their hydraulic gear won't lift them because they are                 
 longlined which means a whole bunch of pots are put on one big line           
 because they might be fishing in 600 fathoms of water.  When asking           
 the ADFG the catch differences between the large pots and the                 
 smaller pots such as the limit seiners could use, the ADFG said the           
 smaller pots have an average catch of 12 to 15 crabs per pot, in              
 the large pots they can catch 70 to 80 crabs per pot.  He said                
 three or four hours was spent trying to figure out this problem,              
 and the Department gave a definition of a small pot and a large pot           
 and he had discussions with seiners who said to use a definition of           
 a pot that is five feet square.  He said he amended the proposal              
 that the Department put in, so that the fishermen using the small             
 pots in Area M would get twice as many pots as the large pot                  
 people.                                                                       
                                                                               
 Number 0292                                                                   
                                                                               
 CO-CHAIR GREEN referred to HJR 51 which would limit the number of             
 sport guide fishing licenses issued in the Kenai River and asked              
 him if this resolution had the potential to reduce the number of              
 guides on rivers to prevent a potential reduction in habitat.                 
                                                                               
 Number 0320                                                                   
                                                                               
 MR. UMPHENOUR said he has been involved quite heavily in this issue           
 and clarified that he is a hunting guide.  He said in discussions             
 with sport fish guides across the state the easiest way to resolve            
 the problem would be to pass a statute similar to the statute                 
 pertaining to the experience requirements of registered hunting               
 guides.  He said, before a person is eligible to take the test to             
 become a registered hunting guide, they have to have five years of            
 hunting experience in the state of Alaska.  He said he has talked             
 with the Attorney General's office about this issue and said a                
 statute would prevent non-residents from coming to Alaska and                 
 declaring themselves a sport fish guide.  He said there are ethics            
 issues involved with these non-residents starting up guiding                  
 operations in the state.  He said the statute proposal he has                 
 suggested would not stop a person if they really wanted to move to            
 Alaska and become a sport fish guide.  He said this proposal should           
 not be grandfathered in, if they don't have the five years                    
 experience, tough luck, they can't guide in the state.                        
                                                                               
 Number 0381                                                                   
 MR. UMPHENOUR said he has a problem with alien sport fish guides              
 and lodgers.  He said there are at least 12 to 15 alien sport fish            
 lodges in the upper Susitna system and there was a problem, the               
 year before last, of a sport fish guide from the Netherlands who              
 ended up drowning.  He said this issue is one of safety and                   
 conservation.  He said placing a moratorium or totally limiting new           
 sport fish guides denies residents in the state from being able to            
 be a guide.                                                                   
                                                                               
 Number 0435                                                                   
                                                                               
 CO-CHAIR GREEN said, "Is there any objection, from the committee,             
 of moving Mr. Umphenour's nomination.  Thank you very much."                  
                                                                              
 CONFIRMATION OF DAN KELLY COFFEY TO THE BOARD OF FISHERIES                    
                                                                              
 MR. COFFEY said he is a 49 year Alaska resident with three young              
 sons who live with him in Anchorage.  He is an attorney and a                 
 businessman.  Over the years he has been both a commercial and a              
 sport fisherman.  He said his commercial interest started in the              
 late 1960s and continued until the late 1980s.  He said on his last           
 venture in commercial fishing he owned an 80 foot halibut longline            
 vessel and fished out of Kodiak.                                              
                                                                               
 Number 0537                                                                   
                                                                               
 MR. COFFEY said, in his law practice, he has represented commercial           
 fisherman, commercial fish processors as well as sport fishing                
 interests.  This experience relates to crabbing, to shore                     
 fisheries, to lease permits and to game infractions.  He served on            
 previous boards including the Alaska Housing Finance Corporation              
 for three years, recently he was Vice-Chair on the Governor's Task            
 Force for Charitable Gaming and served on the Alaska State Bar                
 Association Peer Arbitration Panel for about 12 years.                        
                                                                               
 Number 0599                                                                   
                                                                               
 MR. COFFEY said he brings to the Board of Fisheries the following             
 attributes, in his 20 years as an attorney, he has learned how to             
 handle volumes of paperwork, deal with difficult issues and to make           
 decisions.  He said he is willing to work very hard on the board              
 and said anyone, who has seen the last three board meetings, would            
 attest to his willingness to work even if they have not agreed with           
 the decisions he has made.  He said he has read the constitution on           
 fisheries, read the statutes, the regulations, the case law and               
 everything he could to make himself prepared to be a board member.            
 He said he did this because some of the other board members have              
 much greater experience in fisheries than he has.  He wanted to               
 stress his ability to listen and his long-term and abiding interest           
 in Alaska's welfare.  He has lived in Alaska all of his life and              
 intends to live here the rest of his life, raising his family.  He            
 said he believes it is crucial that all fisheries remain viable               
 including sport, subsistence, commercial, personal use, et cetera.            
 He said he is not afraid to make decisions and he said the Board of           
 Fisheries is faced with tough decisions which can be unpleasant,              
 but this is the duty of the board and he is not afraid to make                
 those decisions.                                                              
                                                                               
 MR. COFFEY said, when Governor Knowles asked him to serve, he was             
 asked to try to do the best he could to make the board process work           
 and to strengthen the board.  He said he would adhere to that                 
 request and said he was here to tell the committee that he will do            
 this.                                                                         
                                                                               
 Number 0613                                                                   
                                                                               
 CO-CHAIR BILL WILLIAMS said he served on the board of F.I.S.H.,               
 Incorporated which sponsored the initiative to increase the                   
 allocation of salmon to sport fishermen.  He said Mr. Coffey's                
 resume states, "I have no preconceived notions about what should or           
 should not be done." and the resume also states, "I do not                    
 represent any special interests."  He asked Mr. Coffey to explain             
 exactly how he divested himself from the preconceived notion that             
 sport fishermen should have an increased allocation of salmon prior           
 to accepting the position on the Board of Fisheries.                          
                                                                               
 Number 0640                                                                   
                                                                               
 MR. COFFEY said, when he put in his name for the Board of                     
 Fisheries, he resigned from the board of F.I.S.H. in December of              
 1995, turning over all the books and records sometime in January of           
 1996.  He said it was brought to his attention that he had remained           
 as the registered agent, the person who receives the official                 
 process if the board of F.I.S.H. was sued, and said he immediately            
 took steps to correct that situation.  He the F.I.S.H. Initiative             
 was predicated on a sense of frustration that the Board of                    
 Fisheries process was not working in a proper manner and was not              
 addressing issues between sport and commercial fisherman.  He said            
 the initiative was a desire to rectify, what was deemed, a short              
 fall of the Board of Fisheries.  He said when he became involved              
 with the Board of Fisheries, and saw the nature of the                        
 responsibilities which the board had, the wealth of information and           
 the deeply divided nature of the people who are seeking to use the            
 resource, he recognized the need to make decisions based on the               
 criteria which the Board of Fisheries has established over a long             
 period of time.                                                               
                                                                               
 Number 0754                                                                   
                                                                               
 MR. COFFEY cited an example, in 1977, where the Board of Fisheries            
 adopted a policy which became regulation, in 1981, called the Upper           
 Cook Inlet Salmon Management Plan.  He said that plan, basically,             
 divides the fishery into time and species segments.  He said it led           
 to the frustration felt by the board of F.I.S.H., expressed in                
 their initiative as part of the question of how the Board of                  
 Fisheries process has either worked or failed to work.  He said, to           
 this day, despite some efforts at this meeting in February, some of           
 the sub-issues, on that plan which has been in effect for 18 years,           
 have still not been addressed.  He said these issues remain for the           
 Board of Fisheries to resolve.  He said the F.I.S.H. initiative was           
 done to force compliance and resolve.                                         
                                                                               
 MR. COFFEY said, from his current perspective, it is too bad that             
 an initiative was resorted to, but at the time it was felt to be an           
 appropriate way to resolve the issues.  He said the F.I.S.H.                  
 initiative was intiated around the time the Governor's Task Force             
 was appointed to mediate the Board of Fisheries process.  He said,            
 to a small degree, he participated in that mediation process.  He             
 found many of the participants in the process where very willing to           
 sit down and discuss their differences, but that some were                    
 absolutely adamant that there was nothing to discuss and nothing to           
 do.  He viewed the intransigence, of some people, as unfortunate in           
 the circumstances and that it left the Board of Fisheries to make             
 decisions which might be best left to those who participate in the            
 fishery.  He said if those people are unwilling to come to the                
 table and negotiate, then the Board of Fisheries will have to make            
 those decisions.                                                              
                                                                               
 Number 0792                                                                   
                                                                               
 CO-CHAIR WILLIAMS said he did not hear the answer of how he                   
 divested himself from the initiative, but said he would not go into           
 that further.  He said it appears that Mr. Coffey had a long term             
 relationship with Bob Penney, who paid for the expenses of the                
 F.I.S.H. initiative, and asked him to comment on this relationship            
 and how he disclosed this during the ethics disclosure for the                
 Board of Fisheries.                                                           
                                                                               
 Number 0811                                                                   
                                                                               
 MR. COFFEY said he has known Mr. Penney for a long time, somewhere            
 around 18 to 22 years.  He said, two or three years ago, he was a             
 guest at his place and had gone fishing with him on the Kenai                 
 River.  He said he saw Mr. Penney at political functions over the             
 years, been to his home in Anchorage three or four times mostly at            
 political fundraisers.                                                        
                                                                               
 Number 0891                                                                   
                                                                               
 MR. COFFEY said he has done legal work for the sport fishing caucus           
 which was charged with an Alaska Public Office Commission (APOC)              
 violation in 1994.  He said Bob Penney, Phil Cutler, Bruce Knowles            
 were all active in that caucus and said that as he represented the            
 sport fishing caucus, he represented those members as well.  He               
 said he believed this matter was concluded in 1995, but when this             
 issue was revived, in 1996, he received a letter from the APOC and            
 he turned the matter over to another attorney.  He said he has not            
 represented Mr. Penney personally, but did some legal research for            
 a company at the request of his son, Henry Penney, in 1995 relating           
 to APOC matters.                                                              
                                                                               
 Number 0907                                                                   
                                                                               
 CO-CHAIR WILLIAMS asked him how he felt about the subsistence issue           
 and how it affects the Area M fisheries and how would he like to              
 see it resolved.                                                              
                                                                               
 Number 0927                                                                   
                                                                               
 MR. COFFEY said he would like to see it end.  He said the                     
 subsistence issue is very divisive to Alaskans and is leading to              
 something which Alaska wanted to avoid.  He said upon statehood we            
 wanted state control over natural resources.  He said we are losing           
 that control to the federal government.  He said the federal                  
 government is taking over subsistence isues all over the state as             
 well as on its own lands.  He said people, who have more hours                
 wrestling with this issue, have not come up with a solution.  He              
 said, he would hope, a solution could be derived which would                  
 preserve the subsistence lifestyle with those who are dependent on            
 subsistence, but said he does not know how to do this.                        
                                                                               
 MR. COFFEY said Lieutenant Governor Ulmer and Governor Knowles have           
 an extensive proposal which was the result of compromise by all               
 involved parties.  He said it has been his experience as a lawyer             
 that if you can get all the involved parties to give a little you             
 can reach a decision.  He said, to the extent that he understands             
 it, that is the situation and he supports what they are trying to             
 do.                                                                           
                                                                               
 CO-CHAIR WILLIAMS asked how he felt about the Area M fisheries                
 which is supposedly affecting subsistence.                                    
                                                                               
 MR. COFFEY said the Board of Fisheries was told that a judge in               
 Nome had closed a fishery and the rest of the board and the                   
 Attorney General's office felt the board needed to have a meeting             
 in response to the judge's decision.  He said the board felt they             
 should limit themselves to what they undertook and took limited               
 testimony, allowed written comments, comments from the advisory               
 committees and reports from the staff.  Upon reading that                     
 information, the board was asked to meet for two to three days, two           
 weeks ago, and deliberate.                                                    
                                                                               
 MR. COFFEY said questions needed to be resolved such as whether or            
 not the Area M fishery should be opened and whether or not Judge              
 Erlich's injunction, closing that entire fishery, should continue.            
 Another question was whether or not the chum salmon moving through            
 Area M were of such quantity and so closely related to the chum               
 salmon in Norton Sound that you could draw a direct correlation               
 between what was going on in Area M and what may or may not happen            
 in Norton Sound.  He said the two pieces of scientific evidence               
 were genetic and tagging studies and the evidence indicated to four           
 of the six board members, including him, that the affect of the               
 Area M fishery on Nome was around 5 percent.                                  
                                                                               
 MR. COFFEY said, on the basis of that fact, it seemed inappropriate           
 to close an entire fishery down, impacting several hundred families           
 in the Aleutian area, to achieve a possible 5 percent gain in chum            
 salmon escapement in Norton Sound.  He said this fact plus the fact           
 that the last couple of years have seen great improvements in the             
 quantity of chum salmon in Norton Sound and this years prediction             
 of an average return, led him to conclude that it would be wise to            
 have the fishery in June in Area M and it would be imprudent to               
 take the steps to satisfy the judge so that the injunction could be           
 lifted.                                                                       
                                                                               
 Number 1114                                                                   
                                                                               
 REPRESENTATIVE DAVIES referred to the F.I.S.H. initiative, and                
 asked whether or not he believed that the frustration leading to              
 the initiative was a result of the failure of the Board of                    
 Fisheries to act or make "the wrong decision" in regard to                    
 allocation.                                                                   
                                                                               
 MR. COFFEY said it was his belief that the initiative was a result            
 of a failure on the part of the Board of Fisheries to act and that            
 the current board has addressed and will continue to address the              
 issues that "arise up from under its own plan."                               
                                                                               
 Number 1202                                                                   
                                                                               
 REPRESENTATIVE DAVIES asked him what he proposed to change in the             
 Board of Fisheries process to address those issues.                           
                                                                               
 Number 1217                                                                   
                                                                               
 MR. COFFEY said, when he was put on the Board of Fisheries, the               
 first thing the board did, after listening to public testimony, was           
 to develop a set of guiding principles and criteria which will                
 determine how the board is going to make decisions.  He said the              
 board spent a day and a half going over these principles and                  
 adopted seven guiding principles, which will be adopted into                  
 regulation, setting forth the guidelines by which the Board of                
 Fisheries address these issues.  He said the board went from what             
 the board calls the "umbrella plan" which is the 1977, 1981 Upper             
 Cook Inlet Salmon Management Plan and is in the process of adopting           
 "subplans" which deal with each species in the major plan.                    
                                                                               
 MR. COFFEY said the major plan divides the season before July 1,              
 and after August 15, and said the before and after dates are                  
 reserved, primarily, for sport fisherman and the middle period is             
 reserved, primarily, for commercial fishermen.  He said, within               
 those plans, there are instructions to minimize the catch of king             
 salmon during the commercial period.  He said the board needs to              
 develop plans for each one of those subsets and the board is                  
 currently in the process of doing that.  He said once those plans             
 are in place with the guiding principles then there will be                   
 instructions for this Board of Fisheries and any board which comes            
 along in the future regarding difficult allocation issues.                    
                                                                               
 MR. COFFEY said the fisheries are fully utilized, particularly in             
 Cook Inlet, and there is a growing sport and recreational demand.             
 He said the Board of Fisheries does not take these facts into                 
 consideration, to abdicated the decision making process.  He said             
 the guiding principles will help the board to consistently take the           
 facts, which generally everyone agrees on, and apply them in                  
 clearly defined ways and then present the decision to the public.             
                                                                               
 Number 1372                                                                   
                                                                               
 CO-CHAIR GREEN asked for clarification that this issue was being              
 addressed on a single species problem, rather than dealing with the           
 issue on a mixed stocks basis.                                                
                                                                               
 Number 1388                                                                   
                                                                               
 MR. COFFEY said the board has a mixed stock policy and said all of            
 the salmon fisheries are, to some degree, mixed stock because the             
 salmon all return at relatively the same time.  He said the board             
 is trying to get away from this strong stock management which                 
 completely ignores weak stocks to the detriment of all stock.  He             
 said, in Cook Inlet, the board has been driven by the Kenai sockeye           
 which has produced an extremely valuable fishery worth preserving             
 and protecting.  He said, while the board is working on this issue,           
 they must also recognize that as a result of some of the past                 
 policies the board almost ruined commercial fisheries in the                  
 northern district.  Only recently, in the Susistina River, has the            
 sockeye escapement been met.  He said the board has no idea what is           
 happening to northern district coho, chum or pink salmon stocks and           
 attention must be paid to these less strong fish stocks.  He                  
 questioned what burdens should be placed on what fishermen at what            
 time to insure the protection and preservation of their industry,             
 while preserving and protecting the weaker stocks in different                
 districts.  He said these are not easy issues, but they are issues            
 that need to be resolved through the Board of Fisheries process.              
                                                                               
 Number 1491                                                                   
                                                                               
 CO-CHAIR GREEN asked if there will be a need for further studies              
 when examining these weaker stocks.                                           
                                                                               
 Number 1516                                                                   
                                                                               
 MR. COFFEY said it depends on the fishery.  He said Cook Inlet,               
 particularly the Kenai River, has plenty of data to make decisions.           
 The biologists can tell the board where the fish runs are and                 
 provide 20 years of run timing.  He said the Area M and the Yukon             
 Kuskokwim district only have generalized information regarding the            
 salmon fisheries.  He said the crab fishery in the Bering Sea,                
 primarily Bristol Bay, has tons of data.  He said in western Alaska           
 there is an absence of data.  He said some fisheries have plenty of           
 data and the board doesn't need any more than the ongoing seasonal            
 information and said other fisheries could use a lot more data to             
 assist the board in making decisions.                                         
                                                                               
 Number 1584                                                                   
                                                                               
 CO-CHAIR WILLIAMS clarified that Mr. Coffey believes sport fishing            
 is growing in Alaska and asked how many sport fishermen are Alaskan           
 residents and how many are non-residents.  He asked where this                
 growth was occurring and how he felt about resident versus non-               
 resident fishermen.                                                           
                                                                               
 Number 1625                                                                   
                                                                               
 MR. COFFEY said he believes that Alaskans should have first                   
 opportunity at their fish.  He said the data that was presented to            
 the Board of Fisheries indicated two things; one that there is an             
 absolute growing population of non-resident sport fishermen in                
 Alaska, while the number of licenses by Alaskan residents is                  
 growing proportional to the population.  He believed that the                 
 overall level of participation by residents is greater.  He said              
 the terms sport and personal use fishery can be interchanged, he              
 asked if a personal use dip net fishery on the Kenai was a sport              
 license or a subsistence license and said these uses are difficult            
 to put into categories.                                                       
                                                                               
 MR. COFFEY said he believed that the sport fishery is growing,                
 primarily in the non-resident population and that the resident                
 sport fishery, if you combine it with the personal use, is                    
 certainly growing.                                                            
                                                                               
 Number 1705                                                                   
                                                                               
 CO-CHAIR WILLIAMS clarified that he served on the board of                    
 F.I.S.H., responsible for the F.I.S.H. initiative to increase the             
 number of salmon to sport fishermen.  He asked how that initiative            
 would affect the commercial fishermen and other fisheries                     
 throughout Alaska, Southeast fisheries in particular.                         
                                                                               
 Number 1745                                                                   
                                                                               
 MR. COFFEY said he could not answer this question with great                  
 specificity.  He said the F.I.S.H. initiative was intended to                 
 establish a guideline for board decisions which would recognize               
 that sport fishing needs and entitled the sport fishery to a                  
 portion of the fish.  He said the initiative was drafted in a way             
 to have statewide application, because you are not allowed to draft           
 an initiative that is regional.  He said the initiative was                   
 primarily directed at the Cook Inlet, at the perceived                        
 misallocation of fish there.  He said he would not know the affect            
 of the initiative on Southeast, but the initiative would have                 
 statewide application and a direct affect on fisheries throughout             
 the state where there is a sport and commercial conflict.                     
                                                                               
 Number 1810                                                                   
                                                                               
 CO-CHAIR WILLIAMS clarified that the initiative would increase the            
 sport fisheries up to 5 percent and asked what this increase would            
 mean, for example, to the king salmon fishery in Southeast.                   
                                                                               
 Number 1852                                                                   
                                                                               
 MR. COFFEY said the affect would depend on the stock that you are             
 addressing.  He said the initiative is not meant to replace                   
 conservation needs or treaty needs, and suggested that Southeast              
 received an allocation of 100,000 king salmon, theoretically, 5,000           
 of those would be allocated to sport fishing concerns.                        
                                                                               
 Number 1913                                                                   
                                                                               
 CO-CHAIR GREEN referred to the ongoing problem of allocation                  
 between sport and commercial fisheries and asked him to give his              
 opinion on HJR 51, "which limit the number of sportguide licenses             
 issued for the Kenai area..what is your opinion of that...is that             
 ...you think a practical solution for habitat, perhaps for river              
 bank erosions and things like that."                                          
                                                                               
 Number 1978                                                                   
                                                                               
 MR. COFFEY said there are a lot of tools in the bag and this is one           
 such tool.  He said HJR 51, as described, is appropriate, but he              
 wouldn't just limit the resolution to the Kenai River.  He said the           
 state needs to control sport fish guides.  The problem of                     
 controlling guiding has to do with the definition.  He said the               
 definition of commercial fishermen, in statute, specifically                  
 excludes guided sport.  So any legislation that regulates sport               
 fish guides by limited entry, through the Board of Fisheries,                 
 through statute or by some other manner is appropriate.  He said he           
 has not read HJR 51, but he supports the concept.                             
                                                                               
 Number 2042                                                                   
                                                                               
 CO-CHAIR GREEN asked if he felt certain rivers should have limited            
 access because, even if the west side of Cook Inlet could be opened           
 to relieve pressure, the increasing number of sport fish licenses             
 would eventually lead to a situation similar to the current                   
 situation.  He asked if there was a legal ability or desire for               
 limited access, red or blue tags for example, and would it be a               
 practical situation.                                                          
                                                                               
 Number 2096                                                                   
                                                                               
 MR. COFFEY said all of those alternatives should be explored.  He             
 said there is intensified pressure on the salmon milling and                  
 spawning grounds.  He said, he has a belief, that once those                  
 creatures make it past the miles of net and the sport fishing                 
 lures, the salmon ought to be free to spawn.  He said there should            
 not be damage to the salmon habitat, or high power boats running up           
 and down the rivers, no fishing should be allowed on spawning beds,           
 non-resident and aliens should not be able to fish without                    
 knowledge or respect for the resources and regulations.  He said              
 every member of the Board of Fisheries supports those types of                
 things and searchs for ways to accomplish them, but the Board of              
 Fisheries has found themselves hamstrung.                                     
                                                                               
 Number 2189                                                                   
                                                                               
 REPRESENTATIVE DAVIES asked him, with all the commitments he had,             
 how he had time to be on the Board of Fisheries.  He said he                  
 appreciated the contributions that people on the Board of Fisheries           
 make in terms of time and effort.                                             
                                                                               
 Number 2223                                                                   
                                                                               
 MR. COFFEY said he works hard, makes the time and allocates it                
 appropriately.  He said there are people who are involved in their            
 community and the state to a degree which makes the opinion they              
 have not as important as the commitment they have made.  He said he           
 feels he has to be an active participant in his state's business              
 and to make a difference in the place where he lives.                         
                                                                               
 Number 2332                                                                   
                                                                               
 REPRESENTATIVE NICHOLIA referred to Genetic Stock Investigation               
 (GSI) studies and said the ADFG is still conducting GSI studies on            
 salmon stocks in Alaska which is important when conducting a mixed            
 stock fishery and asked what his position was when making                     
 allocation decisions in a mixed stock fishery where one or more of            
 the river systems was facing conservation problems and GSI                    
 information is not yet complete.  She asked him how he would make             
 allocation decisions in this case and how the burden of                       
 conservation would be spread fairly among mixed stock fisheries and           
 terminal stream users in the absence of adequate GSI information.             
                                                                               
 Number 2402                                                                   
                                                                               
 MR. COFFEY said the mixed stock policy requires that the burden of            
 conservation be shared when there are conservation concerns.  He              
 said when the case of the Area M fishery was decided, in Judge                
 Erlich's decision, the Board of Fisheries looked at the burden of             
 conservation imposed, both on the people who lived in the Norton              
 Sound area, particularly the Nome subdistrict and the Golovin                 
 subdistricts, and the burden imposed on the Area M fishermen                  
 because Area M is a mixed stock fishery.                                      
                                                                               
 MR. COFFEY said the GSI data, one of two scientific studies...                
                                                                               
 TAPE 96-62, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 MR. COFFEY...the Yukon River or Norton Sound and said there were a            
 large number of places where the salmon were going.  He said the              
 GSI studies told the board that some 60 percent of those fish were            
 bound for four huge areas.  He said, if this is true, how big is              
 Norton Sound relative to the Kuskokwim relative to the Yukon                  
 relative to Bristol Bay and said, without being scientifically                
 certain, decisions can be based on the GSI studies.  He said                  
 calculations can be made, concluding that 5 percent to 10 percent             
 of the fish are bound for Norton Sound.                                       
                                                                               
 MR. COFFEY said, based on this calculation, the Nome subdistrict is           
 one of six subdistricts in Norton Sound including Unalakleet, St.             
 Michael, Shatoolik, Stevens Village and those places are getting              
 sufficient chum salmon, but Nome is not getting enough chum.  He              
 questioned if it was because of an intercept from Area M or if it             
 was caused from something else.  He said the book, Pacific Salmon,          
 says that certainly some of the migratory routes of the salmon                
 bound for Norton Sound come through Area M, but a large part of the           
 salmon migrate from western Alaska toward Russia and Japan and                
 never go to Norton Sound.  He said when you get all the data,                 
 including the tagging study, you derive a decision based on that              
 data.                                                                         
                                                                               
 MR. COFFEY said the Nome River is not producing properly and has              
 conservation problems in eight rivers in the Nome and Golovin                 
 District.  In four of those rivers have made their escapement goal            
 in the last two years and three of those rivers have admitted                 
 conservation concerns.  He said the Nome district continues to                
 allow subsistence fishing to occur.  He said, when everything is              
 balanced out, the Board of Fisheries decision allowed the Area M              
 fishery to open.                                                              
                                                                               
 Number 0258                                                                   
                                                                               
 MR. COFFEY said, in 1997, Area M comes up in its regular cycle and            
 further GSI studies will be available to allow the Board of                   
 Fisheries to treat the issue with the full scope that it deserves,            
 rather than being forced to respond because some judge in Nome                
 closed an entire fishery.                                                     
                                                                               
 Number 0294                                                                   
                                                                               
 REPRESENTATIVE NICHOLIA said there should be subsistence fishing              
 due to the rural location and the expense of food.  She said if               
 four out of eight rivers are having problems in the Norton Sound              
 area and asked about a reduction in the harvested amount.                     
                                                                               
 Number 0341                                                                   
                                                                               
 MR. COFFEY said he disagreed that these rivers were in deep                   
 trouble.  He said biologist, using highly inaccurate aerial                   
 surveys, concluded that the rivers did not meet their escapement              
 goal.  He said questions have been raised about these conclusions.            
 He said the only proposal made, by John White, was to reduce the              
 chum cap from 700,000 to 500,000 and given the management practices           
 of the ADFG would result in a catch of chum in the range of 400,000           
 because of the conservative management policy.  He said the last              
 three years resulted in a chum catch of less than 600,000 and said            
 it was unclear whether reducing the cap would have improved the               
 escapement into Norton Sound, specifically into those rivers.  He             
 said if he believed there were conservation concerns to the point             
 where shutting down a fishery would result in the recovery of                 
 another fishery, then he would be constitutionally and statutorily            
 bound to shut down that other fishery.  He said he did not believe            
 this was the case when he reviewed the Area M and Norton Sound                
 evidence.                                                                     
 Number 0459                                                                   
                                                                               
 MR. COFFEY said the amount of subsistence fish for Norton Sound,              
 22,000 chums, set in 1993 by the Board of Fisheries was met in 1994           
 and doubled in 1995.  He said the subsistence needs for Norton                
 Sound chum salmon were met.                                                   
                                                                               
 Number 0493                                                                   
                                                                               
 REPRESENTATIVE AUSTERMAN referred to the statements Mr. Coffey made           
 about fisheries and by-catch, he referred to an article he read               
 about the king by-catch by the troll fleet out in the Bering Sea              
 where, in 1995, the figures were 19,000 plus king salmon caught               
 and, in 1996, there were over 43,000 king salmon caught by the                
 draggers and asked him if the Board of Fisheries looked at the                
 numbers of the drag fleet.                                                    
                                                                               
 Number 0543                                                                   
                                                                               
 MR. COFFEY said they do, and said he specifically asked a question            
 about the troll by-catch of salmon bound for Norton Sound.  He said           
 he was told that, and said he was unclear of the year, in 1993                
 there were substantial amounts of fish which caused concern in the            
 North Pacific Fisheries Council circles and they took steps to                
 reduce the by-catch.  He was told that the troll by-catch was                 
 reduced.  He said the Board of Fisheries needs to take into                   
 consideration all of those things such as high seas intercept, road           
 systems which follow the river and lack of enforcement which would            
 affect the escapement goal.  He said the Board of Fisheries meeting           
 was designed to see if the Area M fishery would be opened at all.             
 He said the Board of Fisheries operates a three year cycle and said           
 Area M has been considered every six months since 1986.                       
                                                                               
 Number 0640                                                                   
                                                                               
 CO-CHAIR GREEN said he would now go to public testimony.                      
                                                                               
 CHRIS PERRY testified next via teleconference from Homer in                   
 opposition to the appointment of Mr. Coffey and Mr. Umphenour to              
 the Board of Fisheries.  He said he is concerned about unbiased               
 votes, that the issue is management of a resource rather than                 
 allocation of fish to sport or commercial fishermen.  He expressed            
 concern that the resource be put before personal interest.  He said           
 he his primarily concerned about the Cook Inlet area, but said this           
 concern applies to other areas of the state.                                  
                                                                               
 MR. PERRY said he did not understand how Mr. Coffey could have                
 supported the F.I.S.H. initiative as a management tool for a state            
 resource and how Mr. Coffey could now become a voting member on the           
 Board of Fisheries.  He said the appointments were untimely                   
 considering the issues raised at the last Board of Fisheries                  
 meeting.  He said he was opposed to the votes cast at these                   
 meetings.                                                                     
                                                                               
 Number 0781                                                                   
                                                                               
 MR. PERRY referred to a comment made by Mr. Umphenour relating to             
 aliens fishing in our streams and said he would consider a paying             
 or non-paying tourist or sport user from the Lower 48 as an alien             
 user of Alaskan resources.  He did not feel that the state                    
 resources should be allocated towards the use by residents of the             
 Lower 48, either through sport or guided sport use.  He said money            
 towards these sport fish coalitions has come from other areas                 
 besides the local area which is affected.  He said on the East                
 Coast many fisheries were shut down because of sport fish                     
 coalitions paid for by money from other areas of the country.                 
                                                                               
 Number 0850                                                                   
                                                                               
 ART NELSON, Fisheries Biologist, Bering Sea Fishermen Association,            
 testified next via teleconference from Anchorage.  He said his                
 association represent commercial fishermen from Bristol Bay to the            
 Yukon Kuskokwim delta, Norton Sound and Kotzebue Sound.  He said              
 the board of directors met last night and unanimously voted to                
 support the confirmation of Mr. Umphenour to the Board of                     
 Fisheries.  Mr. Umphenour fairly represents fisheries all across              
 Alaska, is one of the hardest working members on the Board of                 
 Fisheries and makes a fair and equitable decision regarding each              
 fishery.  Mr. Umphenour understands the small boat fisheries of the           
 Yukon Kuskokwim region and the importance to their rural economies            
 and understands the importance of subsistence and larger commercial           
 fisheries.                                                                    
                                                                               
 Number 0928                                                                   
                                                                               
 ROBERT SUNDOWN, Fisheries Biologist, Association of Village Council           
 Presidents, testified next via teleconference from Bethel.  He said           
 ABCT, Incorporated serves 54 Yukon delta villages.  He said he                
 wanted to voice his support for the appointment of Mr. Umphenour to           
 the Board of Fisheries because of his involvement in communities              
 and various fisheries throughout the Yukon and the Fairbanks                  
 region.  Mr. Umphenour has his own business, supports the economy             
 of both the Fairbanks and the Yukon region and is a hard working              
 Board of Fisheries member.  He continued by saying that Mr.                   
 Umphenour is knowledgeable of the issues, is an ardent supporter of           
 the state constitution requiring sustained yield and is a fighter             
 for the subsistence mandate as dictated by state laws.                        
                                                                               
 MR. SUNDOWN said he wanted to oppose the appointment of Mr. Coffey.           
 He said Mr. Coffey has made some erroneous decisions regarding the            
 chum cap.  He referred to Mr. Coffey's testimony about the 5                  
 percent chum return to Norton Sound and Mr. Sundown said Mr. Coffey           
 got that information erroneously from the Doug Acker's (ph.)                  
 Harvestry Study.  He said this study was completely withdraw by the           
 ADFG for the Board of Fisheries meeting and added that Mr. Coffey             
 knew that this information was withdrawn from consideration.  Mr.             
 Sundown said that Mr. Coffey has ignored the state constitution               
 requiring sustained yield, he has ignored the state law requiring             
 subsistence priority and he has ignored the fact that Norton Sound            
 stocks are completely in trouble.  He referred to Mr. Coffey's                
 testimony where he explained the issue was not due to biological              
 problems within the Norton stocks and Mr. Sundown.  He said the               
 ADFG has defined conservation stocks as a chronic inability to make           
 escapement despite the (indiscernible) management action.  He said            
 those are the reasons why he opposes the appointment of Mr. Coffey            
 to the Board of Fisheries.                                                    
                                                                               
 Number 1089                                                                   
                                                                               
 MYRON NANENG, President, Association of Village Council Presidents,           
 testified next via teleconference from Bethel.  He said the                   
 association represents 56 villages on the Yukon Kuskokwim delta and           
 the association supports the appointment of Mr. Umphenour to the              
 Board of Fisheries.  He said Mr. Umphenour has shown concern for              
 the resource, sustained yield and his record on the Board of                  
 Fisheries speaks for itself.                                                  
                                                                               
 Number 1133                                                                   
                                                                               
 MR. NANENG said the association opposed the appointment of Mr.                
 Coffey.  He referred to Mr. Coffey's statement about rivers meeting           
 their escapement goal of stocks from last year and the year before,           
 or for four years prior to that, and asked the committee to                   
 remember 1993 when fisheries were closed on the Yukon, Kuskokwim,             
 as well as the Norton Sound for the last ten years in some of the             
 streams.  Mr. Coffey's explanations made it sound like 300                    
 commercial fishermen in Area M are more important than the 30,000             
 citizens in the Yukon Kuskokwim delta.  He said of those 300                  
 fishermen almost half of them are non-residents of Alaska.                    
                                                                               
 Number 1180                                                                   
                                                                               
 MR. NANENG said if the F.I.S.H. initiative passes, the only                   
 alternative that the association has is to look at getting an                 
 Endangered Species status for some of the stocks that have not been           
 showing up on some of the river systems in Norton Sound.  He said             
 he would not be surprised if the fisheries are closed on the Yukon            
 or Kuskokwim and said the blame for this can be placed on special             
 interest decisions.                                                           
                                                                               
 Number 1201                                                                   
                                                                               
 JACOB OLANNA, SR., Kawerak, Incorporated, testified next via                  
 teleconference from Nome.  He said Kawerak represents 20 villages             
 in the region and supports the appointment of Mr. Umphenour to the            
 Board of Fisheries because of his support of subsistence issues and           
 the region's chum fishery.  He said Kawerak opposes the appointment           
 of Mr. Coffey to the Board of Fisheries because recently he wrote             
 findings which stated that both fisheries, Area M and Norton Sound,           
 were important to the economy of their respective region, but that            
 due to the size and composition the Area M fishery it was more                
 important to the economy of the state.  He said it is difficult to            
 convince someone in Nuck, who has a fishing cap, that their fishery           
 is less important and it is for this reason that Kawerak opposes              
 the appointment of Mr. Coffey.                                                
                                                                               
 Number 1287                                                                   
                                                                               
 ROY ASHENFELTER, Kawerak, testified next via teleconference from              
 Nome.  He said he was a subsistence fisherman from Fish River and             
 has attended the Board of Fisheries meetings several times over the           
 past three years as a advisory committee member and would                     
 personally like to support Mr. Umphenour.  He said Mr. Umphenour is           
 candid and straightforward and supports the conservation of                   
 sustained yield and backs up this support by asking the Board of              
 Fisheries to reduce the chum cap to try to limit, but not stop, the           
 Area M fishery while Norton Sound continues to have their fishery             
 closed.                                                                       
                                                                               
 Number 1333                                                                   
                                                                               
 MR. ASHENFELTER said he opposed the confirmation of Mr. Coffey.  He           
 referred to Mr. Coffey's testimony which said that several                    
 fisheries in Norton Sound have met escapement goals and Mr.                   
 Ashenfelter said the escapement goals might have been met, but said           
 the rivers are closed to fishing until the fish are in the river.             
 He said Norton Sound is two to three weeks behind in fishing and              
 said Area M fished for 18 days straight without any closed fishing.           
 He said, in certain rivers, fisheries have been closed for eight              
 years and said there is still conservation and sustained yield.  He           
 concluded that Norton Sound only wants a fair, equitable                      
 opportunity to fish.                                                          
                                                                               
 Number 1374                                                                   
                                                                               
 JACOB AHWINONA, Kawerak, subsistence fisherman and (indiscernible),           
 testified next via teleconference from Nome.  He said he supported            
 the appointment of Mr. Umphenour to the Board of Fisheries because            
 of his support for Norton Sound and the proposed chum cap for Area            
 M.                                                                            
                                                                               
 Number 1432                                                                   
                                                                               
 MR. AHWINONA said he opposed the appointment of Mr. Coffey to the             
 Board of Fisheries because of his lack of support for Norton Sound.           
 He said he did not believe that the salmon went to Japan, Russia              
 and then to Norton Sound.                                                     
                                                                               
 Number 1477                                                                   
                                                                               
 JOHN CHILDS, commercial fisherman and sports fishing guide,                   
 testified next via teleconference from Fairbanks.  He supported the           
 appointment of Mr. Umphenour to the Board of Fisheries because he             
 did a good job and represented interior Alaska.  He said Mr.                  
 Umphenour's experience as a commercial fisherman and fish processor           
 gives him the knowledge to make informed decisions concerning the             
 management of fish.                                                           
                                                                               
 BILL HENRY testified next via teleconference from Fairbanks and               
 supported the appointment of Mr. Umphenour to the Board of                    
 Fisheries.  He asked the committee to look at Mr. Umphenour's                 
 record.                                                                       
                                                                               
 Number 1536                                                                   
                                                                               
 GARY HULL, Sports Fish Guide, testified next via teleconference               
 from Kenai and supported both the appointments of Mr. Coffey and              
 Mr. Umphenour to the Board of Fisheries.  He said their attitude              
 and fairness to sport and commercial fishing interests is                     
 refreshing.  He said, in the past, the Board of Fisheries has had             
 too much commercial interest and it is time to level the playing              
 field.  He asked the committee to not hold being a lawyer against             
 Mr. Coffey and said the decisions he made were not made alone.                
                                                                               
 Number 1571                                                                   
                                                                               
 TYLAND VAN LIER, Sport fish Guide, testified next via                         
 teleconference from Kenai and supported the appointment of Mr.                
 Umphenour to the Board of Fisheries because of his support for all            
 areas of the state, not just one area.  He also supported Mr.                 
 Coffey to the Board of Fisheries and asked that he be given a                 
 chance.                                                                       
                                                                               
 Number 1594                                                                   
                                                                               
 RHON LYONS, Sport fish Guide, testified next via teleconference               
 from Kenai and supported the appointments of both Mr. Coffey and              
 Mr. Umphenour to the Board of Fisheries because of the degree of              
 objectivity they have shown when listening to the ADFG and public             
 testimony, they will allocate resources and provide justification             
 for their actions.  He said both Mr. Coffey and Mr. Umphenour are             
 representative of the public in general.  He cited Mr. Umphenour's            
 experience on the Board of Fisheries which will add strength to the           
 board.  He said Mr. Coffey and Mr. Umphenour have outdoor                     
 experience and a strong ability to listen and sort out the facts              
 the opinions of specific interest groups as well as exhibiting                
 common sense.                                                                 
                                                                               
 Number 1639                                                                   
                                                                               
 JOHN EFTA testified next via teleconference from Kenai and opposed            
 the appointment of Mr. Coffey to the Board of Fisheries.  He said             
 it appears that Mr. Coffey did not believe in the system because of           
 his involvement in the F.I.S.H. initiative.  He said the initiative           
 process was done to circumvent the system and support the board of            
 F.I.S.H. position.  He questioned how an unbiased opinion could be            
 achieved by a chameleon who serves as a legislator, lawyer, judge             
 and jury.                                                                     
                                                                               
 Number 1674                                                                   
                                                                               
 BEN ELLIS, Executive Director, Kenai River Sport Fishing                      
 Association, testified next via teleconference from Anchorage.  He            
 said the association is a non-profit sport fishing group based in             
 Soldotna and supports the appointment of Mr. Coffey and Mr.                   
 Umphenour to the Board of Fisheries.  He said both of these men               
 will meet the challenges the fisheries face.  He said members on              
 the Board of Fisheries are needed who will act to protect the                 
 resources, provide non-commercial users the constitutional rights             
 and then after these committements have been met allow for                    
 responsible commercial harvests.  He said the association might not           
 agree with Mr. Coffey or Mr. Umphenour's decisions, but when                  
 listening to their reasoning it is hard to fault these two men who            
 bring perspective from the south central and the interior regions             
 of Alaska.                                                                    
                                                                               
 MR. ELLIS said Mr. Coffey drew praise at last monthes Board of                
 Fisheries hearing on Cook Inlet from Paul Ruesch the commercial               
 fisheries regional biologist in ADFG.  Mr. Ruesch said he gained a            
 tremendous respect for Mr. Coffey because of the questions he asked           
 and his willingness to learn.  Mr. Ellis said those two qualities             
 are the two things that you can ask from a Board of Fisheries                 
 member.  He said Mr. Umphenour has shown that he is a qualified               
 individual who places the importance of the resource first and his            
 record provided a reappointment because the Governor said, "He has            
 not finished his mission."  He asked that the committee allow Mr.             
 Umphenour to complete this mission.                                           
                                                                               
 MR. ELLIS said this is a critical time for the Board of Fisheries             
 and must be comprised of members who will respond to sound                    
 biological principles, understand public sentiment and be able to             
 undertake experimental, adaptive points of view in deciding salmon            
 management plans.  He said Mr. Coffey and Mr. Umphenour know what             
 need to be done and the association asks the committee to give them           
 a chance.                                                                     
                                                                               
 Number 1795                                                                   
                                                                               
 DOUG SWEAT testified next via teleconference from Fairbanks and               
 supported the appointment of Mr. Umphenour to the Board of                    
 Fisheries.  He said Mr. Umphenour is knowledgeable about western              
 Alaska and interior Alaska fishery problems and the Board of                  
 Fisheries has needed this knowledge for a long time and will lead             
 to a unification of Alaskan fishery issues.                                   
                                                                               
 Number 1817                                                                   
                                                                               
 MR. SWEAT opposed the appointment of Mr. Coffey to the Board of               
 Fisheries despite the appreciation for his hard work and                      
 dedication.  He said he is troubled with Mr. Coffey's perception              
 that Norton Sound fisheries are unimportant.                                  
                                                                               
 Number 1844                                                                   
                                                                               
 CO-CHAIR GREEN referred to Pat and Mike Wing and asked that unless            
 they had different testimony, only one of them testify.                       
                                                                               
 MIKE WING, Commercial Fisherman and Operator, sport fishing charter           
 boat, testified next via teleconference from Fairbanks and said               
 that he and Patti generally have the same opinion on most things so           
 he would speak on her behalf.  He supported the appointment of Mr.            
 Umphenour to the Board of Fisheries because of the respect he has             
 for him and that Mr. Umphenour will do what is best for the limited           
 resource within the state of Alaska.                                          
                                                                               
 Number 1881                                                                   
                                                                               
 LAURA AMUNDSON testified next via teleconference from Fairbanks and           
 supported the appointment of Mr. Umphenour to the Board of                    
 Fisheries.  Mr. Umphenour has a lot of good input which supports              
 the fishing interest of the Norton Sound area and the interior.               
 "And I also Dan Coffey."                                                      
                                                                               
 Number 1912                                                                   
                                                                               
 DICK BOWER, Member, Board of Fisheries testified next via                     
 teleconference from Kenai and said under normal circumstances he              
 would not be testifying on a confirmation hearing.  He said the               
 situation this year is similar to when he was confirmed two years             
 ago.  He said he would not testify on behalf of Mr. Umphenour                 
 because of his record should be sufficient to draw conclusions on             
 his performance.  He said both Mr. Miller's and Mr. Coffey's votes            
 should be viewed in the respect that the last two meetings of the             
 Board of Fisheries were, perhaps, the most contentious.  He said,             
 in his opinion, at the recent Board of Fisheries meetings they have           
 both asked critical questions, sought to draw out answers or data             
 by which the rest of the board members might be influenced in                 
 connection with decisions that were being made.                               
                                                                               
 MR. BOWER said Mr. Miller raised many issues relating specifically            
 to his knowledge of the fishery and this knowledge served the board           
 when the issues regarded methods, means and other things.                     
                                                                               
 Number 2000                                                                   
 MR. BOWER said the Board of Fisheries is very involved with things            
 which makes Mr. Coffey's background useful.                                   
                                                                               
 Number 2012                                                                   
                                                                               
 JOE HARDY, Representing Local SPARIC Chapter, testified next via              
 teleconference from Kenai and supported the appointments of Mr.               
 Coffey and Mr. Umphenour to the Board of Fisheries.  He said the              
 they will provide a balance in the composition of the board.  He              
 said a diversity of backgrounds are needed from which the members             
 draw their decisions, not just special interest.  He said many hard           
 decisions have been made and will continue to be made which require           
 an open mind, an ability to assimilate the data and to compromise.            
 He said both Mr. Coffey and Mr. Umphenour have a sport fishing                
 background which provides diversity to the board and their                    
 perspectives have benefited from the Board of Fisheries' decision.            
 He attended the Cook Inlet meetings this winter and said Mr.                  
 Umphenour and Mr. Coffey did a good job.                                      
                                                                               
 Number 2055                                                                   
                                                                               
 MR. HARDY said he particularly supported Mr. Coffey's appointment             
 to the Board of Fisheries because it will give the board's                    
 decisions a high degree of credibility to the sport fishing                   
 community and that Mr. Coffey will also balance the needs of                  
 commercial and sport fishing interests and the needs of the                   
 resource.                                                                     
                                                                               
 Number 2066                                                                   
                                                                               
 JOE HANES, President, Kenai River Guides Association, testified               
 next via teleconference from Kenai.  He said the association has              
 approximately 175 members and strongly supports Mr. Umphenour's               
 efforts.  He said Mr. Umphenour works hard, does and excellent job            
 and tries to find out the real facts.                                         
                                                                               
 MR. HANES said the association strongly supports Mr. Coffey in all            
 of his efforts and said he has never seen a new Board of Fisheries            
 member who has worked as hard and asked as many questions as Mr.              
 Coffey has.  He said Mr. Coffey has achieved knowledge over the               
 last three or four months and said it would be a shame to have to             
 start over with a new board member.  He referred to Mr. Bower's               
 concern over basing decisions over one or two votes, and reiterated           
 that Mr. Coffey has had some tough decisions which he did not make            
 solely on his own, but with the majority of the Board of Fisheries            
 members.  He said sport fishing guides and commercial fishermen               
 have been on the Board of Fisheries and now is the time to have a             
 sport fisherman on the board who is not biased.  He said the Board            
 of Fisheries and Mr. Coffey are now in the position to make some              
 difficult decisions and urged support for the appointment of Mr.              
 Coffey and  Mr. Umphenour.  He said both of them realize that the             
 non-resident anglers are the foundation of the tourism market in              
 Soldotna.                                                                     
                                                                               
 Number 2147                                                                   
                                                                               
 BRAD ADAMS testified next via teleconference from Kenai and                   
 supported the appointment of Mr. Umphenour and Mr. Coffey because             
 of their qualifications and their concern for the resources of the            
 state.                                                                        
                                                                               
 Number 2165                                                                   
                                                                               
 GILBERT HUNTINGTON, Co-Chair, Yukon River Drainage Fisheries                  
 Association testified next via teleconference from Galena and                 
 supported the appointment of Mr. Miller to the Board of Fisheries.            
 He said Mr. Miller appeared levelheaded during the past two board             
 meetings.  He said some of the actions and viewpoints of Mr. Coffey           
 have scared him and other people of his area.  He said the                    
 legislature should remember the resource when confirming                      
 appointments.  He said every member should show that they are on              
 the side of conservation and said that Mr. Coffey has not shown               
 this.  He said it is for this reason that he opposes the                      
 appointment of Mr. Coffey to the Board of Fisheries.  He said he              
 supports the appointment of Mr. Umphenour to the Board of Fisheries           
 because he is willing to go on the side of conservation.                      
                                                                               
 Number 2231                                                                   
 RICHARD BURNMAN, Subsistence and Commercial Fisherman, testified              
 next via teleconference from Kaltag and supported the appointment             
 of Mr. Umphenour to the Board of Fisheries.  He said Mr. Umphenour            
 supports a diverse and wide user group, from the interior region.             
 Mr. Umphenour brings a common sense approach to problems and                  
 referred to his views on sustained yield principles.  He said Mr.             
 Umphenour's problem solving skills are needed on the Board of                 
 Fisheries at this time.                                                       
                                                                               
 Number 2287                                                                   
                                                                               
 JOE HAGER, Sport fishing Guide, testified next via teleconference             
 from Kenai and supported the appointments of Mr. Umphenour and Mr.            
 Coffey to the Board of Fisheries.  He said fairness has to be                 
 achieved for both the commercial and sports fisheries.  He said he            
 would support either of their decisions.                                      
                                                                               
 Number 2313                                                                   
                                                                               
 RON KANDAS testified next via teleconference from Kenai and                   
 supported the appointments of Mr. Umphenour and Mr. Coffey to the             
 Board of Fisheries because of their support for sport and                     
 commercial fisheries.                                                         
                                                                               
 Number 2339                                                                   
                                                                               
 CHARLIE DREW, Sport fisherman, testified next via teleconference              
 from Kenai and supported the appointment of Mr. Coffey to the Board           
 of Fisheries.  He referred to the fact that Mr. Coffey has been a             
 commercial as well as a sport fisherman.  He said Mr. Umphenour's             
 record speaks for itself.                                                     
                                                                               
 Number 2341                                                                   
                                                                               
 DALE BONDURANT testified next via teleconference from Kenai.  He              
 said the fish resources belong to all the residents of the United             
 States, not just to the limited entry people.  He said the                    
 initiative process is a legal process.  He expressed concern over             
 the question directed to Mr. Coffey regarding his relationship with           
 Mr. Penney.                                                                   
                                                                               
 Number 2397                                                                   
                                                                               
 DREW SPARLIN testified next via teleconference from Kenai and said            
 this was the only time that he has felt compelled to speak at a               
 confirmation hearing.  He supported the appointment of Mr. Miller             
 to the Board of Fisheries.  He said Mr. Miller has served on                  
 various committees, has had no consideration of what was in it for            
 him, participated in several fisheries in the state and will be the           
 only board member who has participated in any other fishery beside            
 the salmon fishery.  He said Mr. Miller has shown an ability to               
 listen to testimony, ADFG reports, biologist recommendations while            
 applying his vast knowledge within the state fisheries to assist              
 him in making unbiased decisions on important issues.  He said Mr.            
 Miller has credentials, credibility, knowledge and integrity.  He             
 said Mr. Miller is the type of individual necessary to make the               
 Board of Fisheries process work and for all of those reasons Mr.              
 Sparlin supported the appointment of Mr. Miller to the Board of               
 Fisheries.                                                                    
                                                                               
 Number 2438                                                                   
                                                                               
 MR. SPARLIN strongly opposed the appointment of Mr. Coffey to the             
 Board of Fisheries because of his limited participation within the            
 community public service sector concerning Alaska fisheries.  He              
 said, for the most part, Mr. Coffey has served as a paid mouthpiece           
 for the Kenai River Sport fish Association, Cook Inlet Sport Fish             
 Caucus and as one of authors of the F.I.S.H. initiative.  He                  
 questioned the ability of Mr. Coffey to make an unbiased decision             
 on one of the most important resource of the state of Alaska.  He             
 said Mr. Coffey's appointment will only assist in the destruction             
 of a unique board process.                                                    
                                                                               
 TAPE 96-62, SIDE B                                                            
 Number 0000                                                                   
                                                                               
 MR. SPARLIN urged the legislature to not confirm Mr. Coffey to the            
 Board of Fisheries and to ask the Governor to appoint someone who             
 will fulfill the campaign pledge to de-politicize the Board of                
 Fisheries.  He said every fishery in the state of Alaska, including           
 sport fisheries, will helped by the rejection of Mr. Coffey because           
 the fish resources cannot survive in a situation of political                 
 inaction.                                                                     
                                                                               
 Number 0039                                                                   
                                                                               
 IRENE FANDEL, Business Owner, testified next via teleconference               
 from Kenai and supported the appointment of Mr. Umphenour and Mr.             
 Coffey to the Board of Fisheries.                                             
                                                                               
 CO-CHAIR GREEN said, "Herman can I assume that your testimony would           
 be the same as Irene's."                                                      
                                                                               
 Number 0057                                                                   
                                                                               
 HENRY FANDEL, Business owner, Sport fish Guide, testified next via            
 teleconference from Kenai asked that he be able to get testimony.             
 He said he has stopped all commercial fishing because of a small              
 handful of commercial fisherman monopolizing all the fish.  He                
 said, with the hope for a more fair allocation of fish, he                    
 supported the appointments of Mr. Coffey and Mr. Umphenour to the             
 Board of Fisheries.                                                           
                                                                               
 Number 0083                                                                   
                                                                               
 BILL WHITNEY testified next via teleconference from Kenai and                 
 supported the appointments of Mr. Umphenour and, in particular, Mr.           
 Coffey.  He said Mr. Coffey has knowledge and experience in the               
 Kenai region.                                                                 
                                                                               
 Number 0100                                                                   
                                                                               
 PAUL DALE, President, Salmon Producers Alliance, testified next via           
 teleconference from Kenai.  He said the alliance is comprised of              
 fish processors and commercial fisherman and supported the                    
 appointment of Mr. Miller to the Board of Fisheries.  He said he              
 watched Mr. Miller at the last two board meetings and was impressed           
 by his knowledge.  He said he would let Mr. Umphenour's record                
 speak for itself.                                                             
                                                                               
 Number 0140                                                                   
                                                                               
 MR. DALE said, with reluctance because of the dedication Mr. Coffey           
 has shown to the project, he still had to oppose the appointment of           
 Mr. Coffey to the Board of Fisheries.  He said he would agree with            
 many of the positive things that has been said about Mr. Coffey,              
 but his association with the F.I.S.H. initiative so colors his                
 involvement with the allocation side of these decisions.  He said             
 it is worth pointing out that one of things which need to occur, as           
 the Board of Fisheries goes through the process of resolving the              
 allocation disputes in the Cook Inlet, is that the decisions must             
 be accepted by all involved parties.  He said acceptance of Mr.               
 Coffey's decisions will never be granted, by at least half, of the            
 affected people of allocated decisions.                                       
                                                                               
 Number 0203                                                                   
                                                                               
 JERRY McCUNE, Lobbyist, United Fishermen of Alaska, was next to               
 testify and said his organization was opposed to the appointment of           
 Mr. Coffey to the Board of Fisheries, supported the appointment of            
 Mr. Miller to the Board of Fisheries and were neutral on the                  
 appointment of Mr. Umphenour to the Board of Fisheries.                       
                                                                               
 Number 0221                                                                   
                                                                               
 MR. McCUNE said his organization is opposed to the appointment of             
 Mr. Coffey because of the involvement in the group pushing the                
 F.I.S.H. initiative.  He said the initiative is a hostile attack on           
 family businesses which make up Alaska's commercial industry across           
 the entire state.  He said his organization did not feel that Mr.             
 Coffey can make a fair and confident decision on the Board of                 
 Fisheries because of his involvement in the initiative and the                
 allocation battle in the Kenai.  He said his organization is a                
 strong advocate of the Board of Fisheries process, however to work            
 efficiently, board members must have a wide variety of experience,            
 have a belief in the board process and an absence of personal                 
 agendas is critical and it is for these reasons that the United               
 Fishermen of Alaska opposes the appointment of Mr. Coffey to the              
 Board of Fisheries.                                                           
                                                                               
 CO-CHAIR GREEN closed public testimony on the three applicants to             
 the Board of Fisheries Confirmation Hearing.                                  
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to come before the House Standing             
 Committee on Resources, the meeting was adjourned at 11:40 a.m.               
                                                                               
                                                                               

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