Legislature(2007 - 2008)BARNES 124

05/07/2007 01:00 PM RESOURCES


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01:34:35 PM Start
01:34:46 PM Commissioner, Alaska Department of Fish & Game - Denby Lloyd
01:49:11 PM Board of Fisheries
02:20:45 PM HJR12
02:25:30 PM HB15
02:55:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 15 BOARD OF FISHERIES CONFLICTS OF INTEREST TELECONFERENCED
Moved CSHB 15(RES) Out of Committee
+ HJR 12 ENDORSING ANWR LEASING TELECONFERENCED
Moved CSHJR 12(O&G) Out of Committee
+ Confirmation Hearing: TELECONFERENCED
Commissioner, Dept. of Fish & Game, Denby
Lloyd; Board of Fisheries
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                          May 7, 2007                                                                                           
                           1:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Gatto, Co-Chair                                                                                             
Representative Craig Johnson, Co-Chair                                                                                          
Representative Vic Kohring                                                                                                      
Representative Bob Roses                                                                                                        
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative David Guttenberg                                                                                                 
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
                                                                                                                                
Commissioner, Alaska Department of Fish & Game                                                                                
                                                                                                                                
     Denby Lloyd - Juneau                                                                                                       
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
Board of Fisheries                                                                                                            
                                                                                                                                
     Howard Delo - Big Lake                                                                                                     
     Larry Edfelt - Juneau                                                                                                      
     Vince Webster - King Salmon                                                                                                
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 12                                                                                                   
Urging the United States Congress to pass legislation to open                                                                   
the coastal plain of the Arctic National Wildlife Refuge to oil                                                                 
and gas exploration, development, and production.                                                                               
                                                                                                                                
     - MOVED CSHJR 12(O&G) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 15                                                                                                               
"An Act relating to participation in matters before the Board of                                                                
Fisheries by members of the board; and providing for an                                                                         
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 15(RES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HJR 12                                                                                                                  
SHORT TITLE: ENDORSING ANWR LEASING                                                                                             
SPONSOR(s): REPRESENTATIVE(s) JOHNSON                                                                                           
                                                                                                                                
03/07/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/07/07       (H)       O&G, RES                                                                                               
04/26/07       (H)       O&G AT 3:00 PM BARNES 124                                                                              
04/26/07       (H)       -- MEETING CANCELED --                                                                                 
05/03/07       (H)       O&G AT 3:00 PM BARNES 124                                                                              
05/03/07       (H)       Moved CSHJR 12(O&G) Out of Committee                                                                   
05/03/07       (H)       MINUTE(O&G)                                                                                            
05/04/07       (H)       O&G RPT CS(O&G) 4DP 2AM                                                                                
05/04/07       (H)       DP: DOOGAN, RAMRAS, DAHLSTROM, KOHRING                                                                 
05/04/07       (H)       AM: KAWASAKI, OLSON                                                                                    
05/07/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB  15                                                                                                                  
SHORT TITLE: BOARD OF FISHERIES CONFLICTS OF INTEREST                                                                           
SPONSOR(s): REPRESENTATIVE(s) SEATON                                                                                            
                                                                                                                                
01/16/07       (H)       PREFILE RELEASED 1/5/07                                                                                
01/16/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/07       (H)       FSH, RES                                                                                               
03/14/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
03/14/07       (H)       Heard & Held                                                                                           
03/14/07       (H)       MINUTE(FSH)                                                                                            
03/19/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
03/19/07       (H)       Heard & Held                                                                                           
03/19/07       (H)       MINUTE(FSH)                                                                                            
03/21/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
03/21/07       (H)       Heard & Held                                                                                           
03/21/07       (H)       MINUTE(FSH)                                                                                            
03/23/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
03/23/07       (H)       Moved CSHB  15(FSH) Out of Committee                                                                   
03/23/07       (H)       MINUTE(FSH)                                                                                            
03/27/07       (H)       FSH RPT CS(FSH) 2DP 3NR 1AM                                                                            
03/27/07       (H)       DP: LEDOUX, SEATON                                                                                     
03/27/07       (H)       NR: JOHNSON, HOLMES, EDGMON                                                                            
03/27/07       (H)       AM: WILSON                                                                                             
05/02/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
05/02/07       (H)       Scheduled But Not Heard                                                                                
05/07/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DENBY LLOYD, Commissioner-Designate                                                                                             
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the commissioner-designate of                                                                   
ADF&G.                                                                                                                          
                                                                                                                                
MONTE ROBERTS                                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of Mr. Lloyd's                                                                      
appointment to the position of commissioner of ADF&G.                                                                           
                                                                                                                                
MIKE FENTON, President                                                                                                          
Kenai River Professional Guide Association                                                                                      
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of Mr. Lloyd's                                                                      
appointment to the position of commissioner of ADF&G.                                                                           
                                                                                                                                
RON RAINEY                                                                                                                      
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of Mr. Lloyd's                                                                      
appointment to the position of commissioner of ADF&G.                                                                           
                                                                                                                                
BILL GIFFORD                                                                                                                    
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Echoed Mr. Rainey's testimony.                                                                           
                                                                                                                                
REUBEN HANKE, Owner/Operator                                                                                                    
Harry Gnes Kenai River Fishing                                                                                                  
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of Mr. Lloyd's                                                                      
appointment to the position of commissioner of ADF&G.                                                                           
                                                                                                                                
GREG BRUSH                                                                                                                      
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of Mr. Lloyd's                                                                      
appointment to the position of commissioner of ADF&G.                                                                           
                                                                                                                                
RICKY GEASE, Executive Director                                                                                                 
Kenai River Sport Fishing Association, Inc.                                                                                     
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:    Testified   in  support  of  Mr.  Lloyd's                                                             
appointment to the position of commissioner of ADF&G.                                                                           
                                                                                                                                
ANDY SZCZESNY                                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:    Testified   in  support  of  Mr.  Lloyd's                                                             
appointment to the position of commissioner of ADF&G.                                                                           
                                                                                                                                
DREW SPARLIN                                                                                                                    
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:   Related his hope that Mr.  Lloyd can manage                                                             
the  fisheries with  the best  biology  available, with  politics                                                               
being secondary to that.                                                                                                        
                                                                                                                                
RICK BUCY                                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified that Mr. Lloyd will  bring a fair                                                             
and balanced outlook to all the various issues.                                                                                 
                                                                                                                                
JOHN JENSEN                                                                                                                     
Petersburg, Alaska                                                                                                              
POSITION  STATEMENT:    Testified   in  support  of  Mr.  Lloyd's                                                             
appointment to the position of commissioner of ADF&G.                                                                           
                                                                                                                                
LARRY EDFELT, Appointee                                                                                                         
Board of Fisheries                                                                                                              
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Related his  experience applicable  to the                                                             
Board of Fisheries.                                                                                                             
                                                                                                                                
CLAUDE VINCENT WEBSTER, Appointee                                                                                               
Board of Fisheries                                                                                                              
King Salmon                                                                                                                     
POSITION  STATEMENT:   Spoke  as  an appointee  to  the Board  of                                                             
Fisheries.                                                                                                                      
                                                                                                                                
HOWARD DELO, Appointee                                                                                                          
Board of Fisheries                                                                                                              
Big Lake, Alaska                                                                                                                
POSITION  STATEMENT:   Related his  experience applicable  to the                                                             
Board of Fisheries.                                                                                                             
                                                                                                                                
MONTE ROBERTS                                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:     Testified   in  support  of   all  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
MIKE FENTON, President                                                                                                          
Kenai River Professional Guide Association                                                                                      
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:     Testified   in  support  of   all  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
RON RAINEY                                                                                                                      
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:     Testified   in  support  of   the  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
BILL GIFFORD                                                                                                                    
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Echoed Mr. Rainey's testimony.                                                                           
                                                                                                                                
REUBEN HANKE, Owner/Operator                                                                                                    
Harry Gnes Kenai River Fishing                                                                                                  
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:     Testified   in  support  of   all  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
GREG BRUSH                                                                                                                      
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:     Testified   in  support  of   the  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
RICKY GEASE, Executive Director                                                                                                 
Kenai River Sport Fishing Association, Inc.                                                                                     
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:     Testified   in  support  of   the  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
ANDY SZCZESNY                                                                                                                   
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:     Testified   in  support  of   the  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
DREW SPARLIN                                                                                                                    
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:    Testified  in opposition  to  Mr.  Delo's                                                             
appointment  to the  Board of  Fisheries, but  in support  of Mr.                                                               
Webster's appointment.                                                                                                          
                                                                                                                                
JOHN JENSEN                                                                                                                     
Petersburg, Alaska                                                                                                              
POSITION  STATEMENT:     Testified   in  support  of   the  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
RICK BUCY                                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:     Testified   in  support  of   the  three                                                             
appointees to the Board of Fisheries.                                                                                           
                                                                                                                                
KEVIN HOGAN                                                                                                                     
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:    Testified  in support  of  Mr.  Webster's                                                             
appointment  to the  Board of  Fisheries, but  expressed concerns                                                               
with the appointments of Mr. Edfelt and Mr. Delo.                                                                               
                                                                                                                                
STEVEN DAUGHERTY, Assistant Attorney General                                                                                    
Natural Resources Section                                                                                                       
Civil Division (Anchorage)                                                                                                      
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During hearing  of HB  15, testified  that                                                             
Amendment  1 would  seem to  address  all the  legal issues  [the                                                               
department] had.                                                                                                                
                                                                                                                                
ROD ARNO, Executive Director                                                                                                    
Alaska Outdoor Council (AOC)                                                                                                    
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Testified in opposition to HB 15.                                                                        
                                                                                                                                
JIM MARCOTTE, Executive Director                                                                                                
Board of Fisheries                                                                                                              
Boards Support Section                                                                                                          
Alaska Department of Fish & Game (ADF&G)                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified that  the Board of  Fisheries and                                                             
ADF&G don't have an official position on HB 15.                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  CARL   GATTO  called   the  House   Resources  Standing                                                             
Committee  meeting  to  order at  1:34:35  PM.    Representatives                                                             
Gatto, Johnson, Edgmon, Kawasaki,  Wilson, Seaton, and Roses were                                                               
present  at  the call  to  order.   Representatives  Kohring  and                                                               
Guttenberg arrived as the meeting was in progress.                                                                              
                                                                                                                                
^CONFIRMATION HEARINGS:                                                                                                         
                                                                                                                                
^Commissioner, Alaska Department of Fish & Game - Denby Lloyd                                                                 
                                                                                                                                
1:34:46 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO announced  that the first order  of business would                                                               
be the  confirmation hearing for  Denby Lloyd as  commissioner of                                                               
the Alaska Department of Fish & Game.                                                                                           
                                                                                                                                
1:34:54 PM                                                                                                                    
                                                                                                                                
DENBY LLOYD, Commissioner-Designate, Alaska  Department of Fish &                                                               
Game  (ADF&G),  informed the  committee  that  he  has a  lot  of                                                               
natural   resource  management   experience  within   the  state.                                                               
Additionally,  his   post-high  school   education  was   at  the                                                               
University of Alaska Fairbanks.   He noted that he has experience                                                               
outside of ADF&G and within  ADF&G, most recently as the director                                                               
of  the Division  of Commercial  Fisheries.   Over  the past  few                                                               
months  as commissioner-designate,  Mr. Lloyd  said  that he  has                                                               
become  more  familiar  with  the   sport  fishery  and  wildlife                                                               
conservation  issues.   Although the  sport fishery  and wildlife                                                               
conservation share  much with  commercial fisheries,  the details                                                               
are distinct and challenging on their own merits.                                                                               
                                                                                                                                
1:36:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  mentioned that  there is  some opposition  to Mr.                                                               
Lloyd's  appointment.   There  is  concern  that because  of  Mr.                                                               
Lloyd's background  in commercial fisheries,  he may rule  in its                                                               
favor over  sport fisheries.   However, Co-Chair Gatto  said that                                                               
in  discussions  with Mr.  Lloyd,  he  related that  he  wouldn't                                                               
arbitrarily  do so  because the  clear  job is  to [manage]  both                                                               
sport and  commercial fisheries while representing  the governor.                                                               
Co-Chair Gatto  opined that it  was clear  to him that  Mr. Lloyd                                                               
wouldn't be biased.                                                                                                             
                                                                                                                                
1:37:09 PM                                                                                                                    
                                                                                                                                
MONTE ROBERTS related his support  for Mr. Lloyd's appointment to                                                               
the position of  commissioner of ADF&G.  In  response to Co-Chair                                                               
Gatto, Mr. Roberts specified that he is a sport fisherman.                                                                      
                                                                                                                                
1:37:43 PM                                                                                                                    
                                                                                                                                
MIKE   FENTON,   President,   Kenai  River   Professional   Guide                                                               
Association, related  support for Mr. Lloyd's  appointment to the                                                               
position of commissioner of ADF&G.                                                                                              
                                                                                                                                
1:38:33 PM                                                                                                                    
                                                                                                                                
RON  RAINEY said  that he  had  the same  concerns that  Co-Chair                                                               
Gatto did.   However, after several conversations  with Mr. Lloyd                                                               
and  after   watching  his   performance  as   the  commissioner-                                                               
designate, Mr.  Rainey opined that  Mr. Lloyd was very  fair with                                                               
the  sport fishery  issues  brought  before him  and  will do  an                                                               
outstanding job.   He characterized  Mr. Lloyd as the  "right man                                                               
for the job."                                                                                                                   
                                                                                                                                
1:39:06 PM                                                                                                                    
                                                                                                                                
BILL GIFFORD, speaking as a  sport fisherman, echoed Mr. Rainey's                                                               
testimony.                                                                                                                      
                                                                                                                                
1:39:24 PM                                                                                                                    
                                                                                                                                
REUBEN  HANKE, Owner/Operator,  Harry Gnes  Kenai River  Fishing,                                                               
voiced  his  support   for  the  appointment  of   Mr.  Lloyd  as                                                               
commissioner of ADF&G.   Mr. Hanke related that he  has known Mr.                                                               
Lloyd personally for two to three  years.  He said that Mr. Lloyd                                                               
seems to be  a fair individual who listens,  considers the facts,                                                               
and makes sound decisions.                                                                                                      
                                                                                                                                
1:40:06 PM                                                                                                                    
                                                                                                                                
GREG BRUSH informed  the committee that he is  a sport fisherman,                                                               
father, and Kenai River guide.   Mr. Brush stated his support for                                                               
Mr.  Lloyd's  appointment  to the  position  of  commissioner  of                                                               
ADF&G.  He said he would echo  the comments of Mr. Rainey and Mr.                                                               
Hanke.                                                                                                                          
                                                                                                                                
1:40:33 PM                                                                                                                    
                                                                                                                                
RICKY  GEASE,  Executive  Director,  Kenai  River  Sport  Fishing                                                               
Association,  Inc., related  that the  Kenai River  Sport Fishing                                                               
Association, Inc., fully supports  Mr. Lloyd's appointment to the                                                               
position of commissioner  of ADF&G.  He opined that  Mr. Lloyd is                                                               
balanced,  fair, objective,  and  has good  management skills  to                                                               
bring  to the  department.   Furthermore,  there is  more to  the                                                               
department  than  commercial  fishing  and sport  fishing.    Mr.                                                               
Lloyd,  he further  opined, has  put together  a good  management                                                               
team to ensure that ADF&G is on track.                                                                                          
                                                                                                                                
1:41:12 PM                                                                                                                    
                                                                                                                                
ANDY SZCZESNY  informed the committee  that he and his  wife have                                                               
run  a fly  fishing  business for  22 years  on  the Upper  Kenai                                                               
River.  He noted that he  knows Mr. Lloyd personally and supports                                                               
his confirmation.                                                                                                               
                                                                                                                                
1:42:15 PM                                                                                                                    
                                                                                                                                
DREW SPARLIN  told the  committee that he  has been  a commercial                                                               
fishermen in  the Cook  Inlet for  43 years.   Mr.  Sparlin noted                                                               
that he has known Mr. Lloyd for  20 years and has great hope that                                                               
Mr.  Lloyd  can manage  these  fisheries  with the  best  biology                                                               
available and  place politics  secondary to that.   He  said that                                                               
it's  important  for  the  economy  of  [Kenai]  that  [fisheries                                                               
management] is balanced.   Although the aforementioned  will be a                                                               
tough task, he opined that Mr. Lloyd can accomplish it.                                                                         
                                                                                                                                
1:43:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO   asked  if  Mr.   Sparlin  believes   Mr.  Lloyd                                                               
understands both economics and politics.                                                                                        
                                                                                                                                
MR. SPARLIN related  his belief that Mr.  Lloyd understands both.                                                               
Mr. Sparlin said  that although he has great faith  in Mr. Lloyd,                                                               
there has to be some changes over the past.                                                                                     
                                                                                                                                
1:44:07 PM                                                                                                                    
                                                                                                                                
RICK BUCY  echoed the comments of  the other witnesses.   He said                                                               
he  has  had  several  conversations with  Mr.  Lloyd  and  feels                                                               
comfortable with  his appointment as  commissioner of ADF&G.   He                                                               
opined that Mr.  Lloyd will bring a fair and  balanced outlook to                                                               
all the  various issues.   In regard  to the three  appointees to                                                               
the Board  of Fisheries, Mr. Bucy  said that he supports  them as                                                               
well.  He  related his belief that the governor  did an excellent                                                               
job choosing the  Board of Fisheries appointees in  a manner that                                                               
brings balance to the board.                                                                                                    
                                                                                                                                
1:44:57 PM                                                                                                                    
                                                                                                                                
JOHN JENSEN  testified in support  of Mr. Lloyd's  appointment to                                                               
the  position  of  commissioner  of   ADF&G.    He  informed  the                                                               
committee  that  he  is  a  commercial,  sport,  and  subsistence                                                               
fishermen as well as a big game hunter.                                                                                         
                                                                                                                                
1:45:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON highlighted  that in the past,  one area of                                                               
concern has been  analysis and reviewing harvest  for the highest                                                               
recovery of the  resource for Alaskans.  For the  first time, the                                                               
department  has  provided  a  readable,  reasonable  analysis  of                                                               
success  in  achieving salmon  escapement  goals  in a  monitored                                                               
system.   The department was  also able  to identify a  number of                                                               
issues that it will review in  terms of maximizing the benefit to                                                               
Alaskans  in  those  monitored systems.    Representative  Seaton                                                               
noted that  there was an  extensive hearing with Mr.  Lloyd, with                                                               
whom he said  he is personally pleased with  the information that                                                               
has come forth.   Therefore, Representative Seaton  said that he,                                                               
too, supports  the appointment  of Mr. Lloyd  to the  position of                                                               
commissioner of ADF&G.                                                                                                          
                                                                                                                                
1:47:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  emphasized the  importance  of  the position  of                                                               
commissioner of  ADF&G.  He  then related that  his conversations                                                               
with Mr.  Lloyd have lead him  to believe that he  is sincere and                                                               
recognizes that  he has to  represent "the people you  don't like                                                               
and the people you do like."                                                                                                    
                                                                                                                                
1:48:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  that the  appointment of  Mr. Denby                                                               
Lloyd to the position of commissioner  of ADF&G be forwarded to a                                                               
joint session for consideration.   Representative Seaton reminded                                                               
members that signing the report  regarding appointments to boards                                                               
and commissions  in no way reflects  individual members' approval                                                               
or disapproval  of the appointees,  and that the  nominations are                                                               
merely  forwarded to  the full  legislature  for confirmation  or                                                               
rejection.                                                                                                                      
                                                                                                                                
There being no objection, Mr. Lloyd's name was forwarded.                                                                       
                                                                                                                                
^Board of Fisheries                                                                                                           
                                                                                                                                
1:49:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  announced that the  next order of  business would                                                               
be  the  confirmations  of  three  appointees  to  the  Board  of                                                               
Fisheries:   Larry  Edfelt, Claude  Vincent  Webster, and  Howard                                                               
Delo.                                                                                                                           
                                                                                                                                
1:49:39 PM                                                                                                                    
                                                                                                                                
LARRY  EDFELT,  Appointee,  Board   of  Fisheries,  informed  the                                                               
committee that  he is a  retired ADF&G employee, where  he worked                                                               
from 1963-1986.   Upon  retirement he  started a  charter fishing                                                               
business in the  Juneau area.  He further  informed the committee                                                               
that he is  a past member, 1992-1997, of the  Board of Fisheries.                                                               
He explained that he is being  appointed for one year to fill the                                                               
position of  Rupe Andrews who  recently passed away.   Mr. Edfelt                                                               
related that  his experience  with ADF&G  was primarily  with the                                                               
Division  of Commercial  Fisheries, but  he also  worked for  two                                                               
years  each with  the Division  of  Sport Fish,  the Division  of                                                               
Habitat, and the Division of Boards.                                                                                            
                                                                                                                                
1:51:02 PM                                                                                                                    
                                                                                                                                
CLAUDE VINCENT  WEBSTER, Appointee,  Board of  Fisheries, pointed                                                               
out that  his appointment  is for  a three-year  term.   He noted                                                               
that the  committee should have  his resume, to which  he doesn't                                                               
have much to add.                                                                                                               
                                                                                                                                
1:51:47 PM                                                                                                                    
                                                                                                                                
HOWARD  DELO,   Appointee,  Board  of  Fisheries,   informed  the                                                               
committee that he  didn't apply for the position,  but was called                                                               
by  the  governor's  office  and  asked if  he  would  accept  an                                                               
appointment  to the  Board of  Fisheries.   He then  informed the                                                               
committee that  he is a  retired ADF&G employee, who  served from                                                               
1979-1999.   Mr.  Delo  noted that  he has  a  Masters degree  in                                                               
wildlife  management from  the  University of  Maine  as well  as                                                               
undergraduate degrees from the University  of Alaska Fairbanks in                                                               
wildlife  management/fisheries biology.   He  likened himself  to                                                               
Mr. Lloyd in  that he, too, is  a sport fish guy  with whom those                                                               
in the commercial fisheries have concern.                                                                                       
                                                                                                                                
CO-CHAIR GATTO  remarked that it must  be quite an honor  to have                                                               
the governor  call and request  service on  a board for  which he                                                               
didn't apply.                                                                                                                   
                                                                                                                                
MR. DELO noted his agreement.                                                                                                   
                                                                                                                                
1:53:58 PM                                                                                                                    
                                                                                                                                
MONTE ROBERTS  related his  support for  all three  appointees to                                                               
the Board of  Fisheries.  He opined that the  governor did a good                                                               
job picking these three appointees.                                                                                             
                                                                                                                                
1:54:15 PM                                                                                                                    
                                                                                                                                
MIKE   FENTON,   President,   Kenai  River   Professional   Guide                                                               
Association, also  related his support  for all  three appointees                                                               
to  the Board  of  Fisheries.   He then  remarked  that the  past                                                               
experience of these three employees will serve the state well.                                                                  
                                                                                                                                
1:54:38 PM                                                                                                                    
                                                                                                                                
RON RAINEY stated his support for  all three of the appointees to                                                               
the Board of Fisheries.                                                                                                         
                                                                                                                                
1:55:37 PM                                                                                                                    
                                                                                                                                
BILL GIFFORD, speaking  as a sport fisherman,  echoed support for                                                               
all three of the appointees to  the Board of Fisheries.  He noted                                                               
that  Mr.  Delo  has  experience   in  angler  access,  which  is                                                               
extremely  important  to private  fishermen  like  himself.   The                                                               
aforementioned, he opined, will be  an added benefit to the board                                                               
that hasn't been in the past.                                                                                                   
                                                                                                                                
1:56:03 PM                                                                                                                    
                                                                                                                                
REUBEN  HANKE, Owner/Operator,  Harry Gnes  Kenai River  Fishing,                                                               
voiced  support  for  all  three   appointees  to  the  Board  of                                                               
Fisheries.    He opined  that  it's  rare  to have  three  people                                                               
nominated for the Board of  Fisheries who have the background and                                                               
experience that  these three  have.   In fact,  Mr. Delo  and Mr.                                                               
Webster  were   serving  as  chairman  of   advisory  committees.                                                               
Furthermore, Mr.  Edfelt has been  involved in the  board process                                                               
for quite  some time.  Therefore,  these three bring a  wealth of                                                               
knowledge and will do a great job.                                                                                              
                                                                                                                                
1:57:01 PM                                                                                                                    
                                                                                                                                
GREG BRUSH,  speaking as  a sport  fisherman, father,  and guide,                                                               
related  his support  for all  three appointees  to the  Board of                                                               
Fisheries.  He said that  although he doesn't know the appointees                                                               
personally, after listening to them  several times he is aware of                                                               
their extensive backgrounds  and is impressed with  the fact that                                                               
they would be fair and objective in the decision-making process.                                                                
                                                                                                                                
1:57:53 PM                                                                                                                    
                                                                                                                                
RICKY  GEASE,  Executive  Director,  Kenai  River  Sport  Fishing                                                               
Association, Inc., pointed  out that the committee  should have a                                                               
written letter of  support for all three appointees  to the Board                                                               
of Fisheries.   He informed the committee that  he has personally                                                               
interviewed  these  appointees  on   a  broad  range  of  issues,                                                               
including  statewide issues.   Mr.  Gease opined  that all  three                                                               
bring the proper perspective to the  Board of Fisheries.  That is                                                               
they place the resource and  doing what's appropriate in relation                                                               
to  conservation   and  then  go   from  there  with   regard  to                                                               
allocations  of surplus  harvest.   All  of  the appointees  have                                                               
experience with  the Board of Fisheries  process, and furthermore                                                               
they have the  necessary experience to continue  having the Board                                                               
of Fisheries on step with its management decisions.                                                                             
                                                                                                                                
1:59:05 PM                                                                                                                    
                                                                                                                                
ANDY SZCZESNY, recalling his time  as a former Board of Fisheries                                                               
member,  related his  support  for all  three  appointees to  the                                                               
Board of  Fisheries.   He opined that  all Alaskans  will benefit                                                               
from these appointees.                                                                                                          
                                                                                                                                
1:59:24 PM                                                                                                                    
                                                                                                                                
DREW SPARLIN  began by noting  that he is a  commercial fisherman                                                               
who  serves   on  the  Board   of  the  Cook   Inlet  Aquaculture                                                               
Association  and is  an officer  in [the  Upper Cook  Inlet Drift                                                               
Association] (UCIDA).   Mr. Sparlin related his  objection to Mr.                                                               
Delos'  appointment,  which  is  based  on  some  of  Mr.  Delo's                                                               
comments concerning the  need for a long fishing  corridor in the                                                               
central part of  the Cook Inlet.  His  comments clearly indicated                                                               
that Mr. Delo has very  little understanding about the harvest of                                                               
fish in Cook  Inlet.  Therefore, Mr. Sparlin  expressed hope that                                                               
Mr. Delo  would open his  mind to [the  notion] that some  of his                                                               
ideas  might not  be the  best.   Mr. Sparlin  recalled that  Mr.                                                               
Edfelt served on the Board  of Fisheries after being appointed by                                                               
former governor  Tony Knowles.   He  further recalled  that board                                                               
was very  hard on the  commercial fishing industry.   With regard                                                               
to  Mr. Webster,  Mr.  Sparlin  said that  he  doesn't know  him,                                                               
although he received  a good report on him from  those in Bristol                                                               
Bay  who thought  he  would be  a fine  appointee,  and thus  Mr.                                                               
Sparlin  supported  his  appointment.     Mr.  Sparlin  expressed                                                               
further  hope  that  those  current   members  of  the  Board  of                                                               
Fisheries could  take a fair look  at the information and  try to                                                               
rectify  the problems  in the  Kenai, including  that it  has the                                                               
smallest   fry,  smallest   smolt,  and   lowest  population   of                                                               
zooplankton and  copepods in  the history  of sockeye  biology in                                                               
the world.   "We  cannot continue  to put that  type of  fish and                                                               
those numbers  of fish into that  system and expect them  to keep                                                               
reproducing; this has to be looked at," he emphasized.                                                                          
                                                                                                                                
2:01:50 PM                                                                                                                    
                                                                                                                                
JOHN JENSEN  stated his support  for all three appointees  to the                                                               
Board  of Fisheries.    He  opined that  he  has  liked what  the                                                               
appointees  have said  and  what  he has  heard  about them,  and                                                               
therefore he said he believes they will do a good job.                                                                          
                                                                                                                                
2:02:16 PM                                                                                                                    
                                                                                                                                
RICK BUCY, as  a sports fisherman, highlighted  the importance of                                                               
having  a board  that  balances the  needs of  all  users of  the                                                               
resource.   He said  he was  pleased that  the governor  chose to                                                               
appoint an individual from each  of the following areas:  Bristol                                                               
Bay,  Southeast, and  Cook Inlet.   He  concluded by  stating his                                                               
support for all three appointees to the Board of Fisheries.                                                                     
                                                                                                                                
2:03:00 PM                                                                                                                    
                                                                                                                                
KEVIN  HOGAN  informed the  committee  that  he is  a  commercial                                                               
fisherman in the  Upper Cook Inlet and is a  fish buyer in Homer.                                                               
Mr. Hogan voiced  his support for Mr. Webster, and  noted that he                                                               
has  concerns about  the other  two appointees.   Mr.  Hogan said                                                               
that  although  he  respects  Mr.  Edfelt's  intellect  and  past                                                               
service on the  Board of Fisheries, he was a  member of the board                                                               
when  fisheries resources  were being  allocated to  leisure over                                                               
livelihood.   Mr. Hogan opined  that those who depend  on fishing                                                               
as  a   livelihood  should   have  a   little  higher   level  of                                                               
representation on the  Board of Fisheries.   He expressed concern                                                               
with the  current balance of  the board and  what is going  on in                                                               
Cook  Inlet,  where  he   indicated  [commercial  fishermen]  are                                                               
fighting  for their  way  of  life.   Therefore,  he  said he  is                                                               
moderately  neutral on  the  appointment of  Mr.  Edfelt, and  he                                                               
expressed the need  to propose another appointee  rather than Mr.                                                               
Delo.                                                                                                                           
                                                                                                                                
2:04:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO, upon  determining no one else  wished to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
2:05:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG noted  that he  is an  Interior fisher                                                               
not  a  coastal  fisher.    Personal use,  no  matter  where,  is                                                               
important to those in the Interior.   He recalled that there used                                                               
to be a  healthy commercial salmon fishery on  the Yukon [River],                                                               
which is  now gone.  Representative  Guttenberg expressed concern                                                               
that  the  entire  perspective  focuses  on  coastal  management,                                                               
although  escapement  and  reaching   the  spawning  sites  is  a                                                               
secondary  issue.     He  recalled   an  earlier   comment  about                                                               
livelihood  over   leisure,  and   mentioned  that   under  state                                                               
management   the   big   issue   for   him   is   personal   use.                                                               
Representative Guttenberg  wished these  appointees the  best and                                                               
expressed hope  that when matters  with the Interior  arise, they                                                               
are reviewed honestly.                                                                                                          
                                                                                                                                
2:07:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   GATTO   noted   his  agreement   with   Representative                                                               
Guttenberg regarding  the Yukon  [River] as  he, too,  is worried                                                               
about the Yukon fishery.                                                                                                        
                                                                                                                                
2:07:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  began  by  specifying that  he  isn't  in                                                               
opposition   to   sport   fishing   representatives,   but   it's                                                               
problematic if  members of the  board have  an agenda for  a user                                                               
group, no matter  the agenda.  He noted that  the committee has a                                                               
February 14, 2007,  letter from the Matanuska Valley  Fish & Game                                                               
Advisory  Committee,  which  is  signed   by  Mr.  Delo,  to  the                                                               
governor's  office.   He paraphrased  from the  following excerpt                                                               
from the February 14, 2007, letter:                                                                                             
                                                                                                                                
     Because  lack of  returning Fish  Creek sockeye,  there                                                                    
     has been no  Mat-Su Valley personal fishery  in over 10                                                                    
     years. ...  Also a weak  stock policy of the  Yentna is                                                                    
     subject  to a  strong stock  sockeye salmon  escapement                                                                    
     policy  for  the  Kenai  River.   This  should  not  be                                                                    
     permitted ....                                                                                                             
                                                                                                                                
     It is  apparent that a significant  problem exists with                                                                    
     the  Division  of  Commercial  Fisheries  managing  the                                                                    
     Central  District  commercial   fisheries  based  on  a                                                                    
     preseason forecast that has  very little accuracy until                                                                    
     sufficient in-season data  becomes available around the                                                                    
     25th of July.  ...                                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  expressed concern with  the aforementioned                                                               
statement  because  discussions  with the  biologists  illuminate                                                               
that the statement is incorrect.   He related that the biologists                                                               
do an  entry curve, an  assessment of  the bottom of  Cook Inlet,                                                               
and  restrictions in  the central  part  of the  district if  the                                                               
salmon aren't  present.  Therefore,  much of [the  information in                                                               
the  letter]  is  inaccurate  and depicts  a  disregard  for  the                                                               
biological  data used  to  manage  the Cook  Inlet  fishery.   He                                                               
pointed out that the letter then also says, the following:                                                                      
                                                                                                                                
     Historically,  the  Central  District drift  fleet  has                                                                    
     been  fished  according  to  the  inaccurate  preseason                                                                    
     forecast; and  they fish  in the  center of  Cook Inlet                                                                    
     where  Northern  District  stocks  move  through.    To                                                                    
     protect  depressed  northern  bound  salmon  stocks,  a                                                                    
     conservation  corridor  may   need  to  be  established                                                                    
     through  the  center  of  Cook  Inlet  in  the  Central                                                                    
     District during the period from July 9-25.                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  pointed out  that the historic  high catch                                                               
for  the  Central   District  and  Cook  Inlet   is  July  17-24.                                                               
Therefore,   this  letter   basically   suggests  restricting   a                                                               
commercial   fishery  out   of   where  it   catches  its   fish.                                                               
Representative Seaton  expressed concern  that this  letter might                                                               
indicate a preconceived agenda.                                                                                                 
                                                                                                                                
2:11:40 PM                                                                                                                    
                                                                                                                                
MR. DELO,  to put this  in context,  explained that the  Board of                                                               
Fisheries issued a white paper  expressing its concerns regarding                                                               
the  various management  plans for  Cook  Inlet and  some of  the                                                               
problems  the board  anticipated.   After circulating  this white                                                               
paper, the board sought comments  from the public.  The Matanuska                                                               
Valley  Fish &  Game Advisory  Committee, the  Homer Fish  & Game                                                               
Advisory  Committee,  and  the  Central  Peninsula  Fish  &  Game                                                               
Advisory Committee  submitted comments.  The  two Kenai Peninsula                                                               
advisory committees submitted  comments expressing concerns about                                                               
the  over escapement  occurring  in both  the  Kenai and  Kasilof                                                               
Rivers.   They suggested possible  scenarios to address  the over                                                               
escapement.  The Matanuska Valley  Fish & Game Advisory Committee                                                               
reviewed  the fact  that the  Northern District  was experiencing                                                               
severe  under   escapement.     The  conservation   corridor  was                                                               
submitted merely  as a talking  point for a possible  scenario to                                                               
address under escapement.  Mr.  Delo clarified that it was merely                                                               
a  conversation  starter,  it  wasn't  part of  an  agenda.    He                                                               
explained that part of the  Matanuska Valley Fish & Game Advisory                                                               
Committee's concerns  have arisen  because the  weak stock/strong                                                               
stock management  policy doesn't seem  to be in concert  with the                                                               
sustainable  management   salmon  policy   that's  part   of  the                                                               
regulation to be  followed during the course  of developing these                                                               
management scenarios.  With regard  to the preseason forecast, in                                                               
this white  paper the  Alaska Department of  Fish &  Game (ADF&G)                                                               
admitted concern  about the accuracy  of its  preseason forecast.                                                               
The department acknowledged that  the preseason forecast isn't as                                                               
accurate a tool  as it would like to have  for a management tool.                                                               
Still, much of the management  strategy is based on the preseason                                                               
forecast, which  is why the  February 14, 2007,  letter addressed                                                               
that matter.   Mr.  Delo then  pointed out  that this  letter was                                                               
written  as a  cover  to a  formal response  to  the white  paper                                                               
issued by the  Board of Fisheries that was drafted  by the Alaska                                                               
Outdoor  Council  (AOC).     The  [regional  advisory  committee]                                                               
reviewed the AOC  response and felt it was  representative of the                                                               
concerns held by the Northern  District and there was a unanimous                                                               
vote to support the response to the white paper.                                                                                
                                                                                                                                
2:15:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  asked Mr.  Delo  if  he is  committed  to                                                               
working  with  the  management  biologists  and  looking  at  the                                                               
management data, including the entry  curve of fish to Cook Inlet                                                               
instead of preseason forecast.                                                                                                  
                                                                                                                                
MR. DELO  specified that his  number one interest is  looking out                                                               
for  the welfare  of the  resource itself  and returning  all the                                                               
stocks to  a healthy condition.   The aforementioned,  he opined,                                                               
can only be achieved by  using the best biological data available                                                               
as developed and used by  ADF&G biologists, along with input from                                                               
the  various user  groups.   Mr. Delo  further opined  that there                                                               
must be a balanced, "Big  Picture" approach.  The overall welfare                                                               
of the resource must be reviewed  and then the resource should be                                                               
managed based on the best possible and available techniques.                                                                    
                                                                                                                                
2:16:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON posed  a scenario in which the  data on the                                                               
large escapement goals  of the Kenai River find  small amounts of                                                               
feed and small fry with a likely  low survival rate.  He asked if                                                               
in  such  a  scenario,  Mr.   Delo  would  review  adjusting  the                                                               
escapement goals  in order to maintain  the healthiest biological                                                               
condition in the streams and lake.                                                                                              
                                                                                                                                
2:17:28 PM                                                                                                                    
                                                                                                                                
MR.  DELO said  that  he would  prefer to  look  at the  concrete                                                               
biological  data of  things that  have occurred,  not those  that                                                               
"probably will" occur.  He furthered  that he would prefer to see                                                               
hard  data prior  to committing  to  any management  scheme.   If                                                               
there  is a  size  relationship  that does  result  in a  reduced                                                               
return, then there  should be data that the level  of fish in the                                                               
system was more than what the  system could accommodate.  He said                                                               
he isn't aware that such has occurred at this point.                                                                            
                                                                                                                                
REPRESENTATIVE  SEATON   clarified  that  he  wasn't   seeking  a                                                               
commitment on a  particular management scheme.   However, he said                                                               
he is  interested in whether  Mr. Delo  would be looking  at that                                                               
particular  type of  data  and  whether he  would  be willing  to                                                               
address the problem.                                                                                                            
                                                                                                                                
MR. DELO said that if there  is concern from the biologists about                                                               
the size of  the fish and the amount of  zooplankton and copepods                                                               
available,  then  it  would  definitely  warrant  being  watched.                                                               
Furthermore,  he  said he  would  be  amenable to  adjusting  the                                                               
management  scheme  according  to   the  results  the  biologists                                                               
developed as a result of having the follow-up data.                                                                             
                                                                                                                                
2:19:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  noted  that the  committee  has  been                                                               
provided with  a copy of  an editorial  written by Mr.  Delo, for                                                               
which Representative  Guttenberg thanked  him.   He characterized                                                               
the editorial as "right on."                                                                                                    
                                                                                                                                
2:19:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON moved that  the committee forward the names                                                               
of Larry  Edfelt, Vince Webster,  and Howard Delo,  appointees to                                                               
the Board  of Fisheries,  to the full  body for  consideration in                                                               
joint  session.    Representative Wilson  reminded  members  that                                                               
signing  the   reports  regarding  appointments  to   boards  and                                                               
commissions in  no way reflects  individual members'  approval or                                                               
disapproval  of  the appointees,  and  that  the nominations  are                                                               
merely  forwarded to  the full  legislature  for confirmation  or                                                               
rejection.   There being no  objection, the  aforementioned names                                                               
were forwarded.                                                                                                                 
                                                                                                                                
HJR 12-ENDORSING ANWR LEASING                                                                                                 
                                                                                                                                
2:20:45 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  announced that the  next order of  business would                                                               
be  HOUSE  JOINT RESOLUTION  NO.  12,  Urging the  United  States                                                               
Congress to  pass legislation  to open the  coastal plain  of the                                                               
Arctic  National  Wildlife Refuge  to  oil  and gas  exploration,                                                               
development,  and production.    [Before the  committee is  CSHJR                                                               
12(O&G).]                                                                                                                       
                                                                                                                                
2:21:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON,  speaking as the  sponsor of HJR  12, explained                                                               
that  this  resolution encouraging  the  opening  of the  coastal                                                               
plain of the Arctic National  Wildlife Refuge (ANWR) to drilling.                                                               
However, HJR 12  takes a bit of a different  approach as it takes                                                               
into consideration  some of the  environmental concerns  that are                                                               
real.    For  example,   the  resolution  encourages  directional                                                               
drilling  and   a  minimal  footprint.     The   resolution  also                                                               
encourages that [any activity] pay  attention to the environment,                                                               
particularly  the  Porcupine  Caribou  herd.    Co-Chair  Johnson                                                               
encouraged the committee to forward this resolution.                                                                            
                                                                                                                                
2:23:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO asked if there was  any public testimony.  [No one                                                               
stated interest in testifying.]                                                                                                 
                                                                                                                                
2:23:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  moved  to  report CSHJR  12(O&G)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal notes.                                                                                                              
                                                                                                                                
2:23:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOHRING objected  for  discussion  purposes.   He                                                               
then related  his strong  support for  HJR 12,  even in  light of                                                               
current events.  He commended  the sponsor for "keeping the flame                                                               
alive" and then withdrew his objection.                                                                                         
                                                                                                                                
2:23:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG  referred to  page 3, lines  4-5, which                                                               
read:                                                                                                                           
                                                                                                                                
     WHEREAS the oil  industry has shown at  Prudhoe Bay, as                                                                  
     well  as at  other locations  along the  Arctic coastal                                                                    
     plain, that  it is  capable of  conducting oil  and gas                                                                    
     activity  without adversely  affecting the  environment                                                                    
     or wildlife populations;                                                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  related  his   belief  that  the  oil                                                               
industry is  capable of  doing the  aforementioned and  he wished                                                               
the industry would do so.                                                                                                       
                                                                                                                                
2:24:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  commented that  if Alaskans forget  about ANWR,                                                               
it won't  be long before  it's totally forgotten.   Therefore, he                                                               
related the need to continue to "squeak."                                                                                       
                                                                                                                                
2:25:17 PM                                                                                                                    
                                                                                                                                
There  being no  further  objection, CSHJR  12(O&G) was  reported                                                               
from the House Resources Standing Committee.                                                                                    
                                                                                                                                
HB  15-BOARD OF FISHERIES CONFLICTS OF INTEREST                                                                               
                                                                                                                                
2:25:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO announced  that the final order  of business would                                                               
be  HOUSE BILL  NO.  15,  "An Act  relating  to participation  in                                                               
matters before  the Board of  Fisheries by members of  the board;                                                               
and providing for an effective  date."  [Before the committee was                                                               
CSHB 15(FSH).]                                                                                                                  
                                                                                                                                
2:26:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  speaking  as   the  sponsor  of  HB  15,                                                               
explained  that HB  15  better  allows members  of  the Board  of                                                               
Fisheries to  perform their duty  and represent Alaskans.   Under                                                               
this  legislation,   members  of  the  Board   of  Fisheries  who                                                               
participate in the sport or  commercial fishery or have immediate                                                               
family members who do so are  allowed to participate but not vote                                                               
on related  matters before the  board.   He noted that  [under HB                                                               
15] the  definition of  "immediate family  member" is  defined as                                                               
those [family  members] living in  the household of the  Board of                                                               
Fisheries  member.   This has  been problematic,  particularly in                                                               
rural Alaska  where there  is such  a wide  interconnected family                                                               
relationship.    The  previous definition  of  "family"  included                                                               
aunts,  uncles, and  step children  whether they  resided in  the                                                               
household  or not.   Therefore,  in  areas where  fishing is  the                                                               
predominant activity in  the region, the member  from that region                                                               
was  likely to  be conflicted  out and  couldn't participate  and                                                               
vote.  This legislation doesn't  allow those members of the Board                                                               
of Fisheries  to vote  on matters  that in  which they  or family                                                               
members living in their household have a financial interest.                                                                    
                                                                                                                                
2:29:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON noted  that  the  committee packet  should                                                               
include  an amendment  that addresses  the fiscal  note from  the                                                               
Department of Law  (DOL).  The DOL said that  the location of the                                                               
definition of  "immediate family"  would only  apply to  Board of                                                               
Fisheries members who participated in  the fishery, but not board                                                               
members who had a relative  that was financially connected to the                                                               
industry.      Therefore,   the   amendment   specifies   a   new                                                               
applicability  section  so  that  the  definition  of  "immediate                                                               
family" would  apply to  all members of  the Board  of Fisheries.                                                               
Furthermore, it's  very clear as  it sets out this  definition in                                                               
Title  39.   Representative Seaton  clarified that  the amendment                                                               
doesn't change the intent of HB  15, but rather specifies that it                                                               
applies to all  members of the Board of Fisheries  not just those                                                               
with a participatory interest.                                                                                                  
                                                                                                                                
2:30:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO moved that the committee adopt Amendment 1,                                                                      
labeled 25-LS0114\M.1, Kane, 4/27/07, which read:                                                                               
                                                                                                                                
     Page 1, line 2, following "board":                                                                                       
          Insert "and to the definition of 'immediate                                                                         
     family  member'  under   the  Alaska  Executive  Branch                                                                  
     Ethics Act as that Act  applies to members of the Board                                                                  
     of Fisheries;"                                                                                                           
                                                                                                                                
     Page 2, lines 4 - 5:                                                                                                       
          Delete "In this subsection, "immediate family"                                                                        
     has the meaning given in AS 24.60.990."                                                                                    
                                                                                                                                
     Page 2, following line 5:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "*  Sec. 3.  AS 39.52  is amended  by  adding a  new                                                                  
     section to read:                                                                                                           
          Sec. 39.52.915. Applicability to the Board of                                                                       
     Fisheries. Notwithstanding any  other provision of this                                                                  
     chapter,  with  respect  to  the  application  of  this                                                                    
     chapter  to  a  member   of  the  Board  of  Fisheries,                                                                    
     "immediate family member" means                                                                                            
               (1)  the spouse or domestic partner of the                                                                       
     member; or                                                                                                                 
               (2)  a parent, child, including a stepchild                                                                      
     and an adoptive child, or  sibling of the member if the                                                                    
     parent, child,  or sibling resides with  the member, is                                                                    
     financially  dependent  on  the  member,  or  shares  a                                                                    
     substantial financial interest with the member."                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 14:                                                                                                           
          Delete "sec. 6"                                                                                                       
          Insert "sec. 7"                                                                                                       
                                                                                                                                
     Page 2, line 16:                                                                                                           
          Delete "Section 3"                                                                                                    
          Insert "Section 4"                                                                                                    
                                                                                                                                
2:30:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG  objected, but  subsequently  withdrew                                                               
his objection.                                                                                                                  
                                                                                                                                
2:31:06 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON objected  in order to see what  is being deleted                                                               
by Amendment 1.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON clarified  that  Amendment  1 deletes  the                                                               
reference  to   the  definition  of  "immediate   family"  in  AS                                                               
24.60.990, which  is a  different chapter.   This  amendment then                                                               
inserts  the  actual definition  [of  "immediate  family"] in  AS                                                               
39.52, the Board of Fisheries statutes.                                                                                         
                                                                                                                                
2:32:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON withdrew his objection.                                                                                        
                                                                                                                                
2:32:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GUTTENBERG turned attention to  page 2, line 4, of                                                               
HB 15 and  inquired as to whether  the term "may" is  the same as                                                               
"shall" in this case.                                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON  explained that  "shall" and "may  not" are                                                               
both a permissive determiner.                                                                                                   
                                                                                                                                
2:33:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG, referring  to  page 2,  line 6,  then                                                               
inquired as to what is AS 39.52.120(f), which is being repealed.                                                                
                                                                                                                                
REPRESENTATIVE SEATON  explained, "We've got a  repealer here and                                                               
that  reinstates the  current language  so that  it sunsets  it."                                                               
Therefore,  this  is  basically  sunset  language.    In  further                                                               
explanation,    Representative   Seaton    explained   that    AS                                                               
39.52.120(f) is  the new definition section  where the definition                                                               
is applied  to the Board  of Fisheries.   On June 30,  2011, this                                                               
definition is repealed  and it will return to  the definition the                                                               
Board of Fisheries currently uses.                                                                                              
                                                                                                                                
2:35:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO inquired  as to  who determines  that a  conflict                                                               
exists.                                                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  answered that  the chair  of the  Board of                                                               
Fisheries makes that determination.                                                                                             
                                                                                                                                
2:35:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI inquired as to  what happens if the chair                                                               
of the Board of Fisheries has the conflict.                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  said that it's  similar to what  occurs in                                                               
legislative committees  in that the  chair can pass the  gavel to                                                               
the vice chair.  Furthermore, the  board can vote to override the                                                               
ruling of  the chair.   He  noted that anyone  can make  a motion                                                               
regarding a conflict.                                                                                                           
                                                                                                                                
2:36:29 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO asked  if there was any further  objection.  There                                                               
being no further objection, Amendment 1 was adopted.                                                                            
                                                                                                                                
2:37:05 PM                                                                                                                    
                                                                                                                                
STEVEN DAUGHERTY,  Assistant Attorney General,  Natural Resources                                                               
Section,  Civil Division  (Anchorage),  Department  of Law,  said                                                               
that although he hasn't seen  the amendment language, he has been                                                               
working  with the  sponsor's staff  and it  sounds like  it would                                                               
address all the  legal issues.  There may be  some policy issues,                                                               
he remarked.  He related his  understanding that the intent is to                                                               
make the  legislative definition  of "immediate family"  apply to                                                               
the  Board of  Fisheries for  all purposes.   The  prior language                                                               
would  have accepted  the  close family,  but  didn't provide  an                                                               
exception for more distant family.                                                                                              
                                                                                                                                
2:38:15 PM                                                                                                                    
                                                                                                                                
ROD  ARNO,  Executive  Director, Alaska  Outdoor  Council  (AOC),                                                               
related that  legitimizing all government processes  is important                                                               
to  AOC, which  wants to  ensure that  the board  process doesn't                                                               
have  the appearance  of conflict.   Therefore,  AOC opposes  the                                                               
passage of HB 15 at this time.                                                                                                  
                                                                                                                                
2:39:19 PM                                                                                                                    
                                                                                                                                
JIM  MARCOTTE, Executive  Director,  Board  of Fisheries,  Boards                                                               
Support  Section,  Alaska  Department  of Fish  &  Game  (ADF&G),                                                               
addressed  the  approach the  Board  of  Fisheries uses  for  the                                                               
conflict of  interest disclosures.   He  explained that  prior to                                                               
each  of  the regulatory  meetings,  the  board members  will  go                                                               
through the proposals  up for discussion at the meeting.   A list                                                               
of proposals  to which there will  be conflicts is compiled.   At                                                               
the beginning  of the  meeting, the  chair calls  on each  of the                                                               
board members  and the chair  will pass  the [gavel] to  the vice                                                               
chair for purposes of the chair disclosing.                                                                                     
                                                                                                                                
2:40:21 PM                                                                                                                    
                                                                                                                                
MR. MARCOTTE, in response to  Co-Chair Gatto, clarified that it's                                                               
the responsibility  of the board  members to identify  when there                                                               
is  a  potential conflict.    He  pointed  out  that there  is  a                                                               
guideline  that  is  followed  such  that  the  member  describes                                                               
his/her income sources, lists any  personal or financial interest                                                               
that he/she  or family members  may have  as well as  any fishing                                                               
businesses,  and  they'll  identify  any  personal  or  financial                                                               
interest that he/she  or family members may have with  any of the                                                               
proposals/issues before  the board at  the meeting.   Anything in                                                               
the gray  area [of  conflicts] is  discussed by  the board.   The                                                               
chair will invite questions from  fellow board members, sometimes                                                               
there will  be discussion  about potential  conflicts.   Based on                                                               
that   discussion,  the   chair   will  make   a   ruling.     As                                                               
Representative  Seaton mentioned,  that  ruling of  the chair  is                                                               
subject  to  being  overruled  by  the body  as  a  whole.    The                                                               
aforementioned occurs about once a  year, he related.  When board                                                               
members are  found to  have a conflict  with any  given proposal,                                                               
they   do  not   participate  in   the  committee   process,  the                                                               
deliberations, or  the voting  of that proposal.   He  noted that                                                               
each  quarter  Mr. Marcotte  files  a  report  on that  to  DOL's                                                               
ethic's attorney.                                                                                                               
                                                                                                                                
2:42:43 PM                                                                                                                    
                                                                                                                                
MR.  MARCOTTE highlighted  that the  Board of  Fisheries is  on a                                                               
three-year cycle  and addresses  fisheries in  various geographic                                                               
regions  of  the  state  once  every  three  years.    Each  year                                                               
approximately 10 percent  of the proposals before  the board have                                                               
been subject to a conflict, although  the rate has varied from 3-                                                               
20 percent  as measured by  the number of proposals.   Typically,                                                               
conflicts  occur during  regional  meetings when  a board  member                                                               
actively participates  in one  or more of  the fisheries  in that                                                               
region.                                                                                                                         
                                                                                                                                
2:43:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  related  his understanding  that  when  a                                                               
member has  a conflict,  he/she can't participate  or vote.   The                                                               
member with the  conflict doesn't sit with the body  and must sit                                                               
in the  audience as  a member  of the  general public  during the                                                               
proposal with which there is a conflict.                                                                                        
                                                                                                                                
MR. MARCOTTE said  that's correct.  A good example  would be with                                                               
board  member  John   Jensen,  who  is  an   active  fisher  from                                                               
Petersburg,  when  the  board  is  having  a  Southeast  regional                                                               
meeting.    Rarely  would  more  than one  board  member  have  a                                                               
conflict because of the diverse  background of the board members,                                                               
he stated.  Mr. Marcotte directed  attention to tables 1-6 in the                                                               
summary of proposals  over the last six years  titled "Summary of                                                               
Board  of  Fisheries  Vote Abstentions  (2001-2006)."    Table  7                                                               
provides  a summary  over  the six-year  period.   Since  October                                                               
2001,  the Board  of Fisheries  has  addressed a  total of  2,458                                                               
proposals of  which 253  were subject  to board  member recusals.                                                               
Therefore, in a typical year  that amounts to about 410 proposals                                                               
of which  42 would  be subject  to recusals or  a conflict.   The                                                               
aforementioned  results  in  an  overall rate  of  10.3  percent.                                                               
Table 8  provides the  same information over  the same  time, but                                                               
it's per  board member rather  than per  meeting.  He  noted that                                                               
for seven of the board members  it's an incomplete term, and thus                                                               
the  study period  represents  only a  portion  of their  overall                                                               
voting record.                                                                                                                  
                                                                                                                                
2:46:02 PM                                                                                                                    
                                                                                                                                
MR. MARCOTTE  told the  committee that the  Board of  Fisheries &                                                               
ADF&G have not taken an official position on HB 15.                                                                             
                                                                                                                                
2:46:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked if  Mr.  Marcotte  viewed HB  15  as                                                               
working in favor  of or against Mr. Marcotte's ability  to do the                                                               
job necessary on the board.                                                                                                     
                                                                                                                                
MR. MARCOTTE  said that he doesn't  have a position as  there are                                                               
pros  and cons.   He  characterized it  as a  judgment call  with                                                               
regard  to how  the  board  functions in  light  of the  public's                                                               
perception of  fairness.  On  any given  day, depending on  how a                                                               
vote  goes,  some  interest  group might  feel  the  process  was                                                               
compromised.    The aforementioned  would  occur,  no matter  the                                                               
guidelines, he opined.                                                                                                          
                                                                                                                                
2:47:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES asked  if the  conflicts that  Mr. Marcotte                                                               
has observed  have arisen  mainly as a  result of  the geographic                                                               
area for which  they serve or the broad  definition of "immediate                                                               
family."                                                                                                                        
                                                                                                                                
MR.  MARCOTTE pointed  out that  the current  version [of  HB 15]                                                               
makes  two significant  changes.    One such  change  is that  it                                                               
allows  the board  members to  participate in  the deliberations,                                                               
but not the  voting [when he/she has a conflict].   The narrowing                                                               
of  the  definition  of  family is  also  a  substantive  change.                                                               
During the  House Special Committee  on Fisheries meeting  it was                                                               
pointed out  that often  members will  have many  extended family                                                               
members  involved  with  fisheries  if sons  and  daughters  with                                                               
fishing  permits in  other households  are included.   Therefore,                                                               
having  a   more  narrow  definition   of  family  will   make  a                                                               
substantial  difference in  the  number of  conflicts before  the                                                               
board.                                                                                                                          
                                                                                                                                
2:49:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON  noted  he  also  sits  on  the  House  Special                                                               
Committee on Fisheries.  He  informed the committee that when the                                                               
legislation  was  first before  the  House  Special Committee  on                                                               
Fisheries,  it removed  all conflicts  of  interest.   Therefore,                                                               
this  current  legislation  represents a  compromise.    Co-Chair                                                               
Johnson  expressed concern  if  HB 15  returned  to the  original                                                               
version once leaving  this committee.  He noted  that the sponsor                                                               
has assured him  that the aforementioned won't happen,  and if it                                                               
does he wouldn't advance the legislation.                                                                                       
                                                                                                                                
2:51:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  clarified  that  he  fully  supports  the                                                               
amendments made in the House  Special Committee on Fisheries.  He                                                               
said that [CSHB  15(FSH)] wasn't really a  compromise, but rather                                                               
a discussion  as to how  best to meet  the goal of  maintaining a                                                               
high  ethical standard  while allowing  the people  of Alaska  to                                                               
effectively participate  in the management of  the fish resource.                                                               
Representative Seaton  said that  he fully supports  the existing                                                               
version of HB  15 and wouldn't support returning  to the previous                                                               
[original] version.                                                                                                             
                                                                                                                                
2:53:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON highlighted  the  importance of  realizing                                                               
that  all legislation  that leaves  the committee  is subject  to                                                               
change.   In  reviewing the  data provided,  it seems  that those                                                               
with expertise  in a  particular area  aren't allowed  to provide                                                               
that expertise, which  is important because they may  be the only                                                               
ones with expertise on a particular subject.                                                                                    
                                                                                                                                
2:54:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EDGMON  noted that  he  also  sits on  the  House                                                               
Special Committee  on Fisheries, and stated  that the legislation                                                               
before this committee does get the  job done.  He also noted that                                                               
all three  of the appointees  to the  Board of Fisheries  were on                                                               
the  record as  basically  supporting the  notion encompassed  in                                                               
this legislation.   He, too,  stated his agreement  with previous                                                               
speakers  that   this  legislation  needs  to   move  forward  as                                                               
currently written [and amended].                                                                                                
                                                                                                                                
2:55:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON clarified that his  use of the term "compromise"                                                               
wasn't meant to impugn anyone.                                                                                                  
                                                                                                                                
2:55:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EDGMON  opined   that  [CSHB   15(FSH)]  was   a                                                               
compromise, and a good one at that.                                                                                             
                                                                                                                                
2:55:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EDGMON  moved to report CSHB  15(FSH), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying  fiscal  notes.   There  being  no  objection,  CSHB                                                               
15(RES)   was  reported   from  the   House  Resources   Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
2:55:59 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2.56 p.m.                                                                 

Document Name Date/Time Subjects