Legislature(2015 - 2016)BARNES 124

04/03/2015 01:00 PM House RESOURCES

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01:00:42 PM Start
01:01:36 PM Confirmation Hearing(s): Board of Fisheries
02:00:43 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
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+ Confirmation Hearing: TELECONFERENCED
Board of Fisheries
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+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         April 3, 2015                                                                                          
                           1:00 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Benjamin Nageak, Co-Chair                                                                                        
Representative Mike Hawker, Vice Chair                                                                                          
Representative Bob Herron                                                                                                       
Representative Kurt Olson                                                                                                       
Representative Paul Seaton                                                                                                      
Representative Andy Josephson                                                                                                   
Representative Geran Tarr                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative David Talerico, Co-Chair                                                                                         
Representative Craig Johnson                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Board of Fisheries                                                                                                            
                                                                                                                                
     Robert Ruffner - Soldotna                                                                                                  
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ROBERT RUFFNER, Appointee                                                                                                       
Board of Fisheries                                                                                                              
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified as appointee to the Board of                                                                   
Fisheries.                                                                                                                      
                                                                                                                                
MARTIN LUNDY                                                                                                                    
Southeast Alaska Seiners Association (SEAS)                                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment  to   the  Board  of   Fisheries,  as  well   as  the                                                               
reappointment of Orville Huntington.                                                                                            
                                                                                                                                
CRIS SOMERS                                                                                                                     
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
DAVID FRY                                                                                                                       
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
WES HUMBYRD                                                                                                                     
Homer, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
DONALD JOHNSON                                                                                                                  
Soldotna, Alaska                                                                                                                
POSITION STATEMENT:  Testified in  opposition to Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
MARK RICHARDS, Chairman                                                                                                         
Alaska Backcountry Hunters and Anglers                                                                                          
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
RYAN ASTALOS                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
MERRILL LAKE                                                                                                                    
Bethel, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
LESLIE MORTON, President                                                                                                        
Kenai Watershed Forum                                                                                                           
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
SCOTT ANAYA                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
STEVE VANEK                                                                                                                     
Ninilchik, Alaska                                                                                                               
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
JOHN MCCOMBS                                                                                                                    
Ninilchik, Alaska                                                                                                               
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
DENNIS RANDA                                                                                                                    
Kasilof, Alaska                                                                                                                 
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
ED SCHMIDT, MD, Chairman                                                                                                        
Kenai Area Fishermen's Coalition                                                                                                
Soldotna, Alaska                                                                                                                
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
BRIAN GABRIEL, Vice Mayor                                                                                                       
City of Kenai                                                                                                                   
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
LISA GABRIEL                                                                                                                    
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
RICK KOCH, City Manager                                                                                                         
City of Kenai                                                                                                                   
Kenai, Alaska                                                                                                                   
POSITION  STATEMENT:   Testified in  support of  Robert Ruffner's                                                             
appointment to the Board of Fisheries.                                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:00:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  BENJAMIN NAGEAK  called  the  House Resources  Standing                                                             
Committee meeting to order at  1:00 p.m.  Representatives Herron,                                                               
Josephson, Olson, Seaton, Hawker, and  Nageak were present at the                                                               
call to  order.  Representative  Tarr arrived as the  meeting was                                                               
in progress.                                                                                                                    
                                                                                                                                
^CONFIRMATION HEARING(S):  Board of Fisheries                                                                                   
                    CONFIRMATION HEARING(S):                                                                                
                       Board of Fisheries                                                                                   
                                                                                                                              
1:01:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR NAGEAK announced that the  only order of business is the                                                               
confirmation  hearing for  the appointment  of Robert  Ruffner to                                                               
the Board of Fisheries.                                                                                                         
                                                                                                                                
1:02:15 PM                                                                                                                    
                                                                                                                                
ROBERT  RUFFNER, Appointee,  Board of  Fisheries, noted  he lives                                                               
between the  Kenai and Kasilof rivers  and said he is  humbled by                                                               
the support he has received  and heard about for his appointment.                                                               
It is  a tremendous  responsibility to work  on fisheries  in the                                                               
state of  Alaska and one that  he is very  eager to take on.   He                                                               
has lived in  Alaska since 1996 and is a  geology graduate of the                                                               
University  of Minnesota  where almost  all of  his focus  was on                                                               
river-related studies.   He took some graduate  work in numerical                                                               
modeling and statistical techniques,  an important aspect that he                                                               
can bring to the Board of  Fisheries.  Upon moving to Soldotna he                                                               
received  the opportunity  to become  the first  employee of  the                                                               
Kenai  Watershed Forum  and  has  worked there  since  1997.   He                                                               
recently  spent  some  time  in public  service  with  the  Kenai                                                               
Peninsula Borough  Planning Commission and the  Road Service Area                                                               
Board and found it to be a very rewarding experience.                                                                           
                                                                                                                                
MR.  RUFFNER related  his fishing  experience  in Alaska,  saying                                                               
most of  the fish he has  harvested have been through  the annual                                                               
personal use  dip net  fishery in the  Kenai and  Kasilof rivers.                                                               
He said  he has  caught all  five species  of salmon,  trout, and                                                               
Dolly Varden  by rod  and reel throughout  the state.   Regarding                                                               
commercial fishing, he  said he spent two days in  the late 1990s                                                               
on a  Cook Inlet  gillnet boat,  which was  a good  experience to                                                               
learn how that fishery operates.                                                                                                
                                                                                                                                
MR.  RUFFNER addressed  why he  wants to  serve on  the Board  of                                                               
Fisheries,  saying  fishing  is  something  he  shared  with  his                                                               
grandfather and  is now sharing  with his  own kids.   Fishing is                                                               
deeply rooted in his family and  is something he really likes and                                                               
wants to  do.   Having worked in  conservation for  fisheries for                                                               
nearly 20  years and  having watched the  Board of  Fisheries, he                                                               
said  he thinks  the board  is  something he  can do  and make  a                                                               
positive contribution to  the state.  Alaska is a  big state with                                                               
diverse fisheries  and he  recognizes that  this is  a tremendous                                                               
responsibility.  He said his interest  is not just in Cook Inlet,                                                               
but  across the  state and  he recognizes  the uniqueness  in the                                                               
different  fisheries  and how  those  need  to be  managed  going                                                               
forward into the future.                                                                                                        
                                                                                                                                
1:07:28 PM                                                                                                                    
                                                                                                                                
MR. RUFFNER  discussed what  he would  have to  offer as  a board                                                               
member.   He  said that  along with  his personal  use and  sport                                                               
fishing experience, all of the  sockeyes in his freezer came from                                                               
the  Kenai River  dip  net  fishery.   He  pointed  out that  his                                                               
background is  in earth sciences,  rivers, math,  and statistics.                                                               
While on the Board of Fisheries  he wants to ensure to the extent                                                               
possible that  data is used to  inform the decisions made  by the                                                               
board.  This can be fisheries,  economic, and social data, all of                                                               
which is information that helps inform  decisions.  He has a good                                                               
background in  being able  to look  at and  understand statistics                                                               
and  understand  when  confidence  is  or is  not  had  in  those                                                               
numbers. He  also has  a good  understanding and  knowledge about                                                               
habitat  from  his work  with  the  Kenai  Watershed Forum.    He                                                               
understands and believes strongly  in Alaska's sustainable salmon                                                               
policies.   The  policies are  well written  and should  be drawn                                                               
upon whenever possible.   As an individual he likes  to learn and                                                               
be challenged  and being a  board member would  certainly fulfill                                                               
that  need.   He  stressed that  he has  a  strong commitment  to                                                               
public service  and the public  process.  The Board  of Fisheries                                                               
is unique  when looking at how  fish and game are  managed across                                                               
the U.S.   It has a tremendous public process.   In preparing for                                                               
this he  learned there are  84 advisory committees  across Alaska                                                               
with  almost 900  people serving  on  those advisory  committees.                                                               
They have  the ability to  provide a  wealth of knowledge  to the                                                               
seven members of  the board.  The public process  that is used to                                                               
reach  the  final  decisions  the board  makes  is  something  he                                                               
believes very  strongly in and  he will  do his due  diligence to                                                               
listen to the public across the entire state.                                                                                   
                                                                                                                                
1:10:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON related he  has received letters of support                                                               
for Mr. Ruffner,  but no one from his district  has commented pro                                                               
or con  on Mr. Ruffner's nomination.   One person asked  that Mr.                                                               
Ruffner  not be  supported  due to  interactions  with the  Kenai                                                               
Watershed Forum.  Representative  Herron requested Mr. Ruffner to                                                               
comment on this complaint.                                                                                                      
                                                                                                                                
MR. RUFFNER replied he is unaware  of what that complaint is, but                                                               
said anyone  who has stood  for something  is going to  have some                                                               
enemies at  some point in  time.  He stated  he is very  proud of                                                               
what he has  stood for in working for the  Kenai Watershed Forum.                                                               
The  forum has  done  some  really important  work  on the  Kenai                                                               
Peninsula,  some  of  which  is  related  to  water  quality  and                                                               
ensuring there  is clean water for  the fish.  The  forum started                                                               
the first  systematic water quality  study in the late  1990s for                                                               
the Kenai  River.  Lots  of agencies have mandates  and strategic                                                               
plans  that suggest  water  quality should  be  watched, but  the                                                               
forum was  an organization that put  a lot of people  together in                                                               
the  same room  and came  up with  a plan  to actually  take some                                                               
water quality  information.  Some  issues were found as  a result                                                               
of  that, one  of which  was the  discovery in  the mid-2000s  of                                                               
gasoline  from  outboard motors.    The  forum did  research  and                                                               
numerical  modeling to  understand how  that might  be corrected,                                                               
and ultimately  went with  a clean  motor technology  that solved                                                               
the issue.   The Kenai River  now is in complete  compliance with                                                               
state water quality  standards for gasoline.  The  forum has done                                                               
a number of things  like that and any time changes  are made as a                                                               
result of science, he said, it  is going to upset some people and                                                               
he understands that.                                                                                                            
                                                                                                                                
REPRESENTATIVE HERRON  said one of [the  Kenai Watershed Forum's]                                                               
publications is called "Stream  Temperature Monitoring for Alaska                                                               
Salmon  Streams."   He requested  Mr. Ruffner  to comment  on how                                                               
that publication could help him in his new endeavor.                                                                            
                                                                                                                                
MR.  RUFFNER  responded that  when  looking  at the  state  water                                                               
quality standards  one thing of  concern across  Southcentral and                                                               
Western  Alaska  is  that temperatures  are  being  exceeded  for                                                               
salmon streams.   There is  no silver  bullet or answers  to help                                                               
correct that,  but it  is something that  needs to  be understood                                                               
because part of the board's  decision making is understanding how                                                               
conditions are  changing that  may affect  fish populations.   If                                                               
some declines are seen the board  will understand that one of the                                                               
things  that   may  be  going   on  is  that  there   are  warmer                                                               
temperatures than  are suitable for  fish and the board  can take                                                               
that into consideration.                                                                                                        
                                                                                                                                
1:14:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON  declared a  conflict in  that he  has known                                                               
Mr. Ruffner  for 18  years and  has been involved  with him  on a                                                               
number of projects.  He said  Mr. Ruffner is being far too modest                                                               
when talking about  the gasoline problem on  the Kenai Peninsula,                                                               
noting that Mr.  Ruffner was the first to  identify the magnitude                                                               
of the  gasoline and then found  a solution to the  problem.  Mr.                                                               
Ruffner got grant  money to buy back the two  stroke engines over                                                               
an extended  period of time.   It was painless  because everybody                                                               
didn't have  to go  buy a  four stroke  engine in  one year.   It                                                               
worked out quite well because now  it is more quiet on the river,                                                               
there  is less  visible sheen,  and  it is  much more  practical.                                                               
Additionally, Mr. Ruffner spent a  fair amount of time putting in                                                               
culverts in  streams throughout the  watershed.  Mr.  Ruffner had                                                               
the ability  to do the culverts  at about 40 percent  of what the                                                               
Department of  Transportation & Public  Facilities could  do them                                                               
for because  he did them with  volunteer labor.  Mr.  Ruffner has                                                               
helped people around the state on  that.  Mr. Ruffner shared both                                                               
his vision and  his ability to get things done  with other groups                                                               
around the  Kenai Peninsula.   Representative  Olson said  he was                                                               
extremely pleased when Mr. Ruffner's  name was put forward and he                                                               
has received all positive letters but one about Mr. Ruffner.                                                                    
                                                                                                                                
1:16:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON related  that a few years  back he attended                                                               
a  few Kenai  Watershed  Forum  meetings.   He  joined the  forum                                                               
subsequent to  seeing how those  meetings were conducted  and the                                                               
coordination  among the  different  user  groups concerned  about                                                               
habitat and  ensuring that  fish were  coming back  for everyone.                                                               
He requested  Mr. Ruffner to  state how he would  address aquatic                                                               
invasive species and their control.                                                                                             
                                                                                                                                
MR. RUFFNER answered his conservation  work has included a lot of                                                               
strategic thinking  in figuring  out where to  get the  best bang                                                               
for the buck,  and one thing is to contain  invasive species when                                                               
they are first  noticed.  There are a number  of cases across the                                                               
state  where an  invasive  species  popped up  and  took off  and                                                               
containment wasn't possible.  That  causes long-term problems and                                                               
in some cases it turns into  an ongoing operating expense to just                                                               
try  to  control that  problem  species.   Something  [the  Kenai                                                               
Watershed Forum]  would like  to see  happen is  that when  a new                                                               
species  shows  up  that  will  be  detrimental  to  the  state's                                                               
fisheries  is that  there be  a way  to contain  it quickly.   An                                                               
example  on the  Kenai  Peninsula  is elodea,  a  plant that  has                                                               
appeared  on some  of the  peninsula's lakes.   It  is relatively                                                               
expensive to  knock back elodea, but  the forum played a  role in                                                               
the  cooperative  weed  management   program  on  the  peninsula,                                                               
including raising some funding and  research on how effective the                                                               
treatments  have been.   It  seems the  results are  good on  the                                                               
three lakes where elodea has appeared,  and it is the role of the                                                               
Department  of  Natural  Resources   (DNR)  to  work  on  elodea.                                                               
Northern pike  is the  other invasive species  seen on  the Kenai                                                               
Peninsula, which has been around  for a while and fortunately has                                                               
not spread, but when they do  spread pike are very detrimental to                                                               
salmon  and trout  species.   To  that end,  the Kenai  Watershed                                                               
Forum has been  assisting the Department of Fish  & Game (ADF&G).                                                               
The forum has  expertise at measuring water flow.   The treatment                                                               
for pike is  rotenone, a piscicide that kills fish,  and to apply                                                               
rotenone ADF&G  must know in  detail how  much water there  is in                                                               
the streams in  order to set the  rates.  At the end  of the line                                                               
where the rotenone is applied,  another buffer must be applied to                                                               
reduce the  effects.  So, the  forum has been assisting  ADF&G in                                                               
collecting that  specific kind of  water quality  information and                                                               
setting that up for the department.                                                                                             
                                                                                                                                
1:20:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  cited  the   question  on  the  Board  of                                                               
Fisheries application which states:   "Could you or any member of                                                               
[your] family be affected financially  by decisions to be made by                                                               
the board  or commission for which  you are applying?"   He noted                                                               
Mr. Ruffner answered  "yes" to this question.  He  then cited the                                                               
next question, "Please explain  the potential financial benefit,"                                                               
to which Mr. Ruffner replied "no."                                                                                              
                                                                                                                                
MR. RUFFNER responded he thinks that  is a mistake in filling out                                                               
the  electronic  form  and  pressing  the  wrong  button  on  the                                                               
application.    Stating he  is  stepping  down as  the  executive                                                               
director of the  Kenai Watershed Forum sometime in  June or July,                                                               
he said he doesn't see how  he would have a financial conflict of                                                               
interest in serving on the Board of Fisheries.                                                                                  
                                                                                                                                
REPRESENTATIVE  HAWKER  requested the  record  to  show that  the                                                               
response on  the conflict of  interest statement provided  to the                                                               
committee is incorrect.                                                                                                         
                                                                                                                                
MR.  RUFFNER  confirmed the  conflict  of  interest statement  is                                                               
incorrect.                                                                                                                      
                                                                                                                                
1:22:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE OLSON disclosed he and  his wife have been members                                                               
of the Kenai Watershed Forum for a number of years.                                                                             
                                                                                                                                
1:22:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON recalled  he  recently  saw the  video,                                                               
"The Breach," about salmon, dams,  and related issues.  The video                                                               
states that hundreds of years  ago the North Atlantic was teeming                                                               
with salmon in  Europe and the [North American] East  Coast.  The                                                               
West  Coast  [also  once  teemed with  salmon]  and  now  British                                                               
Columbia's Frasier River has had closures.   He asked what can be                                                               
done  in  Alaska  that  is  not currently  being  done  to  avoid                                                               
repeating that kind of history.                                                                                                 
                                                                                                                                
MR. RUFFNER responded  that is a big question and  Alaska, by and                                                               
large, has done a lot of things  right.  Alaska is blessed by its                                                               
geography and sparse population.   One thing that really needs to                                                               
be paid  attention to, in  his opinion, is the  small incremental                                                               
things that  individuals do, more  so than perhaps the  big high-                                                               
profile projects.  The big  high-profile projects garner a lot of                                                               
attention, but it is those  small, cumulative effects that add up                                                               
over time that  are a little bit more insidious  and people don't                                                               
recognize them when they are happening  and they happen at a time                                                               
scale that's  different than political responses  happen to them.                                                               
He said those  are the kinds of things his  organization has paid                                                               
attention to and addressed.                                                                                                     
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  presumed  Mr. Ruffner  knows  as  much                                                               
about fish habitat as anybody on  the board, but that Mr. Ruffner                                                               
will have a  lot to learn about commercial fishing.   He inquired                                                               
whether Mr. Ruffner will be able to learn quickly.                                                                              
                                                                                                                                
MR. RUFFNER  responded he likes  to be challenged and  is excited                                                               
to learn about commercial fishing,  as well as learning about the                                                               
various issues  around the state.   He said he has  been studying                                                               
the issues around the state since applying for the board.                                                                       
                                                                                                                                
1:26:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK   opened  public  testimony  on   Mr.  Ruffner's                                                               
appointment.                                                                                                                    
                                                                                                                                
1:26:24 PM                                                                                                                    
                                                                                                                                
MARTIN LUNDY, Southeast Alaska  Seiners Association (SEAS), noted                                                               
that  the   Southeast  Alaska   Seiners  Association   (SEAS)  is                                                               
comprised of  more than 150  paying skipper and  crew memberships                                                               
and  75 paying  business members,  representing the  interests of                                                               
roughly 1,500 fishing  men and women.  He said  SEAS is committed                                                               
to  the protection  of the  resource that  provides its  means of                                                               
income and  SEAS supports the  appointment of Mr. Ruffner  to the                                                               
Board of  Fisheries as well  as the reappointment of  Mr. Orville                                                               
Huntington.   Highly competent,  focused, and  intelligent people                                                               
are needed on  the board and, based on  the scientific educations                                                               
of Mr. Ruffner  and Mr. Huntington, both will serve  the Board of                                                               
Fisheries well.   Mr. Ruffner  has a solid background  in science                                                               
and his service  on the North Pacific  Anadromous Fish Commission                                                               
has provided  him with  an intricate  knowledge of  fisheries and                                                               
fisheries  issues important  to the  state.   Mr.  Ruffner has  a                                                               
proven track  record of  working with  varied stakeholders  and a                                                               
prized  perspective  and approach  for  work  with the  Board  of                                                               
Fisheries.   Mr.  Ruffner's experience  and  leadership with  the                                                               
Kenai  Watershed Forum  is a  striking example  of dedication  to                                                               
scientific  research, the  significance of  habitat preservation,                                                               
and using analytical  skills to move forward for the  good of the                                                               
resource and those  who harvest the resource.  With  such a solid                                                               
background, SEAS is confident that  Mr. Ruffner will excel in his                                                               
new  role  on the  Board  of  Fisheries.    Mr. Lundy  urged  the                                                               
committee's support of Mr. Ruffner and Mr. Huntington.                                                                          
                                                                                                                                
1:29:07 PM                                                                                                                    
                                                                                                                                
CRIS SOMERS said she has lived  in Alaska since 1967 and has been                                                               
a  commercial fisher  since 1978.    She urged  the committee  to                                                               
support Mr. Ruffner's nomination to  the Board of Fisheries.  She                                                               
said the  board has been  divided and  divisive for far  too long                                                               
and does not  need more regional representation  from people with                                                               
an agenda;  rather, it needs  someone who  is all about  the fish                                                               
and  that defines  Mr.  Ruffner.   Mr.  Ruffner's expertise  with                                                               
habitat makes him  the ideal candidate and by all  accounts he is                                                               
someone who can  unite people and look at things  from all sides.                                                               
It would be a refreshing change  from boards who have in the past                                                               
dismissed  her livelihood  as  recreation  and injected  politics                                                               
into  the process.    It  is possible  to  have  enough fish  for                                                               
everyone with proper management and eliminate the fish wars.                                                                    
                                                                                                                                
1:30:10 PM                                                                                                                    
                                                                                                                                
DAVID FRY  stated he has been  a commercial fisher all  his life.                                                               
He urged  the committee  to vote  to confirm  Mr. Ruffner  to the                                                               
Board of  Fisheries.  The board  is badly in need  of someone who                                                               
can unite all  user groups in support of doing  what is right for                                                               
the fish instead of the "gimmee,  gimmee" that goes on now.  This                                                               
board has  become way  too political and  needs someone  who will                                                               
help bring people together.                                                                                                     
                                                                                                                                
1:30:45 PM                                                                                                                    
                                                                                                                                
WES HUMBYRD testified  he has been an Alaska  resident since 1971                                                               
and a  commercial fisher in  Alaska since  1966.  He  offered his                                                               
agreement  with   the  previous  witnesses  that   the  Board  of                                                               
Fisheries  has been  politically  driven.   He  said Mr.  Ruffner                                                               
would be a  great advantage to the board because  he would listen                                                               
to the  scientific data  before making  any decisions,  which has                                                               
long been  needed on the  Board of  Fisheries.  Mr.  Humbyrd said                                                               
that over  the years he probably  hasn't missed any of  the board                                                               
meetings and it would be really  nice to see someone on the board                                                               
who is looking out for the fish instead of the political agenda.                                                                
                                                                                                                                
1:31:42 PM                                                                                                                    
                                                                                                                                
DONALD JOHNSON said he has hunted  and fished in Alaska for about                                                               
30 years.   He posited that people look for  a Board of Fisheries                                                               
representative who  knows what  to do  with regard  to fisheries,                                                               
but  maintained  that   Mr.  Ruffner  doesn't  have   much  of  a                                                               
background in  that area  and probably  hasn't attended  a single                                                               
Board  of Fisheries  meeting.   He charged  that Kenai  Watershed                                                               
Forum board members are benefitting  financially from each other.                                                               
He said  many people  support the forum  because they  believe in                                                               
water clarity and  issues regarding the environment.   Noting the                                                               
forum's  board  members  represent  commercial  fishermen,  sport                                                               
fishermen,    scientists,   environmental    consultants,   state                                                               
troopers, the Alaska Sealife Center,  and conservation people, he                                                               
charged  that these  board  members  are financially  interacting                                                               
with each other,  but this is not stated on  the forum's web site                                                               
or  materials.   People  contributing funds  to the  organization                                                               
have no idea  that the board members  are financially interacting                                                               
with each  other, he said.   An environmental scientist  could be                                                               
financially interacting with  a set netter and it  cannot be told                                                               
which one  is which based upon  the titles that are  seen for the                                                               
board members, he alleged.  They  could all be set netters or all                                                               
could be  environmental scientists and  it would be  unknown, but                                                               
the official words on the web  site just list each person as what                                                               
the organization wants  them to be.  The  board makes statements,                                                               
performs  studies,  and spends  money  in  a public  manner  that                                                               
attempts to pick and choose  causes, he contended, and the causes                                                               
have  basically been  on the  Kenai  River and  studies on  muddy                                                               
water, oil  in the  water, people  throwing contaminants,  and so                                                               
forth.   Those studies are  basically directed at  public fishing                                                               
on the  Kenai River.   When asked  why the forum  doesn't address                                                               
the  commercial  fishing industry  that  is  occupying the  lower                                                               
Kenai River,  the forum  says that  isn't part  of the  issue, he                                                               
purported.  The representation is  muddy and should be clarified,                                                               
and as  executive director  of such  an organization  Mr. Ruffner                                                               
should  have been  publishing the  connections between  the board                                                               
members, he said.                                                                                                               
                                                                                                                                
1:37:16 PM                                                                                                                    
                                                                                                                                
MARK RICHARDS, Chairman, Alaska  Backcountry Hunters and Anglers,                                                               
offered  his  organization's  strong support  for  Mr.  Ruffner's                                                               
appointment to  the Board of  Fisheries.  He cited  Mr. Ruffner's                                                               
extensive  background  with  fisheries habitat  and  conservation                                                               
issues  associated with  his  work in  founding  and growing  the                                                               
Kenai Watershed  Forum as the reason  for this support.   He said                                                               
Mr. Ruffner knows  the Board of Fisheries process  and the issues                                                               
that  come before  the  board and  will  make informed  decisions                                                               
based on what  is best for the resource using  the best available                                                               
science and  data.  Mr.  Ruffner has experience with  the various                                                               
user groups  and their representatives  and is  respectful, fair,                                                               
and willing to listen to all  sides.  While some may want someone                                                               
with specific  ties to a  certain user group, Mr.  Ruffner cannot                                                               
really  be tied  to any  particular  group except  the one  group                                                               
whose  main  concern  is  the  health of  the  resource  and  the                                                               
sustainability of Alaska's fish  stocks.  Regarding concern about                                                               
there not  being a  representative on  the board  from Anchorage,                                                               
Mr. Richards  noted there is  no statute requiring that  Board of                                                               
Fisheries members  must reside in  a certain  geographic location                                                               
or community in  order to serve.  Most important  is that all the                                                               
board  members represent  all  Alaskans, not  just  those in  the                                                               
community in  which a board  member lives.   He said  Mr. Ruffner                                                               
will  fairly  represent all  Alaskans  and  the committee  should                                                               
forward his name.                                                                                                               
                                                                                                                                
1:39:07 PM                                                                                                                    
                                                                                                                                
RYAN ASTALOS,  a sport  fisher, spoke in  favor of  Mr. Ruffner's                                                               
appointment  to the  Board of  Fisheries.   He said  Mr. Ruffner,                                                               
through  his work  at the  Kenai  Watershed Forum,  has a  proven                                                               
track record  of forming partnerships  and alliances  with state,                                                               
local,  and federal  governments,  industry  partners, and  other                                                               
interest groups  working for healthy  and vital salmon  and trout                                                               
populations on the  Kenai Peninsula.  He stated  that Mr. Ruffner                                                               
will do a good job on the board.                                                                                                
                                                                                                                                
1:40:00 PM                                                                                                                    
                                                                                                                                
MERRILL LAKE supported Mr. Ruffner's  appointment to the Board of                                                               
Fisheries, saying  Mr. Ruffner's  work sets  a great  example for                                                               
all Alaskans on  what can be achieved when  an organization works                                                               
to  benefit  fish  habitat  which, in  turn,  benefits  all  user                                                               
groups.   He  said  Mr.  Ruffner has  a  proven  track record  of                                                               
forming  partnerships  and  alliances   with  state  and  federal                                                               
governments,  industry  partners,  and  most  importantly,  local                                                               
government and  other interest groups  working for a  healthy and                                                               
vital salmon and trout population on the Kenai Peninsula.                                                                       
                                                                                                                                
1:41:24 PM                                                                                                                    
                                                                                                                                
LESLIE MORTON,  President, Kenai Watershed Forum,  noted that Mr.                                                               
Ruffner is the  executive director of the  Kenai Watershed Forum.                                                               
She said  the forum's mission  statement is to work  together for                                                               
healthy watersheds  on the Kenai  Peninsula.  The  forum's three-                                                               
part program includes restoration,  research, and education.  The                                                               
forum works  to restore and  repair conditions that  threaten the                                                               
long-term health of watersheds and  fish habitats.  The forum has                                                               
a  terrific youth  education program  that  reaches thousands  of                                                               
students.   The forum maintains a  comprehensive research program                                                               
to  provide quality  data associated  with the  watersheds.   The                                                               
forum  has  always   strived  to  have  a  mix   of  user  groups                                                               
represented on  its board of directors  so it can best  serve the                                                               
community and meet its mission  of working together.  The forum's                                                               
board  is  currently comprised  of  two  commercial fishers,  two                                                               
sports fishers,  and herself  - a school  teacher and  dip netter                                                               
with no financial interest in  commercial fishing.  The forum has                                                               
other educators,  small business  owners, and contractors  on its                                                               
board and  at no  time has  there been  a majority  of commercial                                                               
fishermen  on the  board.   As  executive director  of the  Kenai                                                               
Watershed Forum, Mr. Ruffner has  dedicated his professional, and                                                               
much  of his  personal, life  to  improving the  quality of  fish                                                               
habitat.   She said  Mr. Ruffner's  integrity and  commitment are                                                               
outstanding,  and he  is not  at  all one-sided  and is  actively                                                               
involved  in many  aspects  of  the community  where  he is  well                                                               
respected beyond fish  issues.  For example, Mr.  Ruffner was the                                                               
2008  Soldotna Chamber  of Commerce  Person  of the  Year.   Most                                                               
importantly, after years of working  with Mr. Ruffner she can say                                                               
that his  willingness to reserve  judgement and  listen carefully                                                               
to all sides of an argument  before coming to a decision make him                                                               
well suited to serve on the Board of Fisheries.                                                                                 
                                                                                                                                
1:43:37 PM                                                                                                                    
                                                                                                                                
SCOTT ANAYA  stated he  has been fishing  on the  Kenai Peninsula                                                               
for nearly  all of his adult  life and, in that  time, synonymous                                                               
with health salmon  populations on the Kenai  Peninsula is Robert                                                               
Ruffner.   Mr. Ruffner  has done  a lot  to keep  salmon healthy,                                                               
with the  key point being  salmon, not  a user group  or specific                                                               
type of  fisher.  He  said he supports Mr.  Ruffner's appointment                                                               
because Mr. Ruffner will put salmon and Alaska first.                                                                           
                                                                                                                                
1:44:36 PM                                                                                                                    
                                                                                                                                
STEVE VANEK said he has been in  Alaska since 1964 and has been a                                                               
commercial  fisher  since  1965.    He  spoke  in  favor  of  Mr.                                                               
Ruffner's  appointment  to  the  Board  of  Fisheries,  saying  a                                                               
habitat person is  needed on the board.  The  loss of habitat has                                                               
led to the  demise of salmon worldwide.  Not  enough emphasis has                                                               
been put on  habitat in the past and Mr.  Ruffner will bring that                                                               
to  the  forefront.    The   current  Board  of  Fisheries  voted                                                               
unanimously not  to limit  the number of  clams harvested  on the                                                               
west side of Cook Inlet, even  after the east side was closed and                                                               
even after the  local advisory committees all  expressed the need                                                               
to have limits on those clams.   This is crisis management at its                                                               
worst, he said, so he is  happy to hear Mr. Ruffner's recognition                                                               
of the value of local advisory committees.                                                                                      
                                                                                                                                
1:46:01 PM                                                                                                                    
                                                                                                                                
JOHN MCCOMBS  testified he has  been from Ninilchik for  about 40                                                               
years.   He  said he  did  not know  before last  month that  Mr.                                                               
Ruffner  is a  dip  netter,  but he  did  know  of Mr.  Ruffner's                                                               
accomplishments  as  boss at  the  Kenai  Watershed Forum.    Mr.                                                               
Ruffner worked  on culverts and  water quality and made  the case                                                               
for having  four stroke  outboard motors on  the Kenai  River, he                                                               
related.    Mr. Ruffner  is  a  leading  steward of  Kenai  River                                                               
habitat and  there is need  for a  skilled habitat person  on the                                                               
Board of  Fisheries.   Therefore, Mr.  McCombs said,  he endorses                                                               
Mr. Ruffner for the Board of Fisheries without reservation.                                                                     
                                                                                                                                
1:46:50 PM                                                                                                                    
                                                                                                                                
DENNIS RANDA noted he has lived  in the Clam Gulch area for about                                                               
four years  and has been a  fishing guide on the  Kenai River and                                                               
active  in  resource and  fisheries  management  for most  of  30                                                               
years.  He said  he has known Mr. Ruffner for  18 years and while                                                               
he  and Mr.  Ruffner haven't  agreed on  everything, they  do see                                                               
things quite a  lot the same and he is  hoping the committee will                                                               
advance Mr.  Ruffner's name.   He said  he is looking  forward to                                                               
seeing the changes  that someone like Mr. Ruffner can  bring to a                                                               
management agency like the Board of Fisheries.                                                                                  
                                                                                                                                
REPRESENTATIVE JOSEPHSON understood Mr.  Randa is a sport fishing                                                               
guide on the Kenai River.                                                                                                       
                                                                                                                                
MR. RANDA replied yes.                                                                                                          
                                                                                                                                
REPRESENTATIVE  JOSEPHSON asked  whether  Mr. Randa  has lots  of                                                               
colleagues that he knows by first name.                                                                                         
                                                                                                                                
MR. RANDA replied he knows a few.                                                                                               
                                                                                                                                
REPRESENTATIVE JOSEPHSON  inquired whether Mr. Randa  has a sense                                                               
for how his colleagues feel about Mr. Ruffner's appointment.                                                                    
                                                                                                                                
MR. RANDA  answered he has had  a mixed response from  the guides                                                               
he knows and has  spoken to.  He said he  is disappointed in many                                                               
of his fellow  fishing guides and how they see  management of the                                                               
resource and how that fits in with their priorities in life.                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON requested  Mr. Randa  to expound  about                                                               
which issues get discussed about the  health of the river and how                                                               
to manage the river.                                                                                                            
                                                                                                                                
MR. RANDA replied he wishes that they were discussed!                                                                           
                                                                                                                                
1:49:15 PM                                                                                                                    
                                                                                                                                
ED  SCHMIDT,  MD,  Chairman, Kenai  Area  Fishermen's  Coalition,                                                               
testified he  is a retired  surgeon.  He stated  his organization                                                               
represents "Joe  Fisherman" -  all people who  fish on  the Kenai                                                               
Peninsula  wherever they  may live.    His organization  includes                                                               
avid dip  netters, sport  fishers, and  river ecologists  and the                                                               
board is composed  mainly of retired state  and federal fisheries                                                               
biologists.   He said  he personally  is an  avid fly  fisher who                                                               
first visited  the Kenai  River in  1988 when  he caught  a world                                                               
record  fly rod  salmon.   He longs  for the  day when  the Kenai                                                               
River returns to  health to produce world records  of all species                                                               
of salmon.  He gets his  red salmon from the personal use fishery                                                               
and  frequently has  friends from  Anchorage stay  with him  when                                                               
they are down dip netting.   He said he understands how important                                                               
the personal use fishery is to  Joe Fisherman.  The best possible                                                               
science is  needed to manage this  river for all user  groups.  A                                                               
scientist is  someone who  uses impeccable  logic to  analyze the                                                               
best available data.   As a surgeon he had  to strive to maintain                                                               
that standard.   When new  data became available or  results were                                                               
not perfect, he  had to modify his procedures  accordingly.  From                                                               
a  lifetime  of  training  he   recognizes  and  celebrates  good                                                               
practical  scientists.   Mr. Ruffner  is an  excellent scientist,                                                               
Dr.  Schmidt said,  and his  thorough, inclusive,  and community-                                                               
centered work at the Kenai  Watershed Forum demonstrates both his                                                               
knowledge and  understanding of all  fishing issues on  the Kenai                                                               
Peninsula.  Because  of this, Mr. Ruffner is  very well qualified                                                               
to  examine fish  issues anywhere  in  the state.   There  cannot                                                               
possibly be a  better candidate for the Board of  Fisheries.  Mr.                                                               
Ruffner is the best possible  choice for making the best possible                                                               
decisions in an open and inclusive process.                                                                                     
                                                                                                                                
1:51:25 PM                                                                                                                    
                                                                                                                                
BRIAN GABRIEL,  Vice Mayor, City  of Kenai, reported that  at its                                                               
April 1, 2015, meeting the  Kenai City Council unanimously passed                                                               
Resolution No. 2015-14 supporting  the appointment of Mr. Ruffner                                                               
to  the Board  of Fisheries.   He  read the  resolution into  the                                                               
committee  meeting record.    The resolution  noted  the City  of                                                               
Kenai  is  a  fishing  community   and  that  commercial,  sport,                                                               
personal  use, and  subsistence fisheries  take place  within the                                                               
city's  municipal  boundaries  and  shore-based  fish  processing                                                               
facilities are  located within  the city's  municipal boundaries.                                                               
The resolution  also noted it  is vitally important  that members                                                               
of the  Board of Fisheries  manage fishery resources  and habitat                                                               
for the benefit  of all present and future Alaskans.   It further                                                               
stated that Mr. Ruffner has  demonstrated exemplary leadership in                                                               
building  consensus  among widely  diverse  user  groups and  his                                                               
training as a  scientist and statistician provides  the basis for                                                               
sound decision-making based on scientific analysis.                                                                             
                                                                                                                                
1:53:00 PM                                                                                                                    
                                                                                                                                
LISA GABRIEL  noted she has lived  in the Kenai area  for over 52                                                               
years and  during that time she  has been a sport,  personal use,                                                               
and commercial  fisher, all  of which  she still  participates in                                                               
today.  She expressed her  support for Mr. Ruffner's confirmation                                                               
to the  Board of Fisheries.   Based upon her  personal experience                                                               
in the  board's process and  her interaction with  board members,                                                               
she said  she thinks Mr. Ruffner  will bring a needed  balance to                                                               
the process  not based on his  home address but on  his knowledge                                                               
of  fish and  their habitat.   She  said Mr.  Ruffner will  be an                                                               
asset to the Board of Fisheries for  all areas in the state.  She                                                               
urged the committee members to support his confirmation.                                                                        
                                                                                                                                
1:54:49 PM                                                                                                                    
                                                                                                                                
RICK KOCH,  City Manager, City  of Kenai, stated that  within the                                                               
City of Kenai's municipal boundaries  is a vibrant personal sport                                                               
fishing  community benefitting  most Alaskans.   Also  within the                                                               
municipal  boundaries  is  a commercially  guided  sport  fishing                                                               
industry consisting  of hundreds of professional  guides.  During                                                               
the three  week personal use or  dip net fishery, the  shores and                                                               
waters at  the mouth of the  Kenai River are filled  with as many                                                               
as 15,000  people in  a single day.   Subsistence  fisheries also                                                               
takes place with  the City of Kenai.   The City of  Kenai was, in                                                               
large part,  spawned by the  robust commercial fisheries  of Cook                                                               
Inlet and  it is the home  port to many commercial  fishing boats                                                               
and five  commercial fish processing  facilities.   His intention                                                               
in telling the  aforementioned is to let the  committee know that                                                               
all  the residents  of  the  City of  Kenai  and the  surrounding                                                               
central  peninsula  area  are intimately  involved  with  fishing                                                               
issues  and have  skin  in  the game.    The  Kenai City  Council                                                               
unanimously  passed Resolution  No.  2015-14 strongly  supporting                                                               
Mr.  Ruffner's  appointment  to  the Board  of  Fisheries.    Mr.                                                               
Ruffner's professional  accomplishments as executive  director of                                                               
the Kenai  Watershed Forum  is impressive.   The city  has worked                                                               
with  Mr. Ruffner  on  a number  of  fishery and  fishery-related                                                               
issues.     For  example,  Mr.   Ruffner  provided   the  wisdom,                                                               
foresight, and leadership to solve  the hydrocarbon water quality                                                               
issue  in the  Kenai River.    The river  had been  listed as  an                                                               
impaired water  body by the U.S.  Environmental Protection Agency                                                               
(EPA), but Mr.  Ruffner's leadership resulted in  the Kenai River                                                               
being removed from  the EPA's impaired water body  listing in two                                                               
years.  This required his  bringing together for a common purpose                                                               
the  City  of  Kenai,  City   of  Soldotna,  the  borough,  state                                                               
agencies, and various user groups.   Mr. Koch related that he has                                                               
attended many  meetings where a  wide range of  fishery interests                                                               
are represented  and without exception, Mr.  Ruffner's goals have                                                               
been based on  what is in the best interest  of the resource, not                                                               
an industry,  not a specific user  group, and not one  based in a                                                               
geographical interest, and  this is what the  framers of Alaska's                                                               
constitution envisioned when creating the board process.                                                                        
                                                                                                                                
1:57:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK closed  public testimony  after ascertaining  no                                                               
one else wished to testify.                                                                                                     
                                                                                                                                
1:58:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  noted that  forwarding  the  name of  any                                                               
individual to  the joint legislative session  for confirmation is                                                               
not a  commitment by any member  of the committee to  vote for or                                                               
against that  individual.  He  moved to  forward the name  of Mr.                                                               
Robert Ruffner to a joint  legislative session for the purpose of                                                               
his  confirmation to  the Board  of  Fisheries.   There being  no                                                               
objection, Mr. Ruffner's name was forwarded.                                                                                    
                                                                                                                                
The committee took an at-ease from 1:59 p.m. to 2:01 p.m.                                                                       
                                                                                                                                
2:00:43 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 2:01 p.m.