Legislature(1995 - 1996)
04/26/1996 03:50 PM Senate RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE RESOURCES COMMITTEE
April 26, 1996
3:50 p.m.
MEMBERS PRESENT
Senator Loren Leman, Chairman
Senator Drue Pearce, Vice Chairman
Senator Steve Frank
Senator Rick Halford
Senator Robin Taylor
Senator Georgianna Lincoln
Senator Lyman Hoffman
MEMBERS ABSENT
All members present
ALSO IN ATTENDANCE
Senator Judy Salo
Senator Lyda Green
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 394(FIN) am
"An Act authorizing shallow natural gas leasing from sources within
3,000 feet of the surface; relating to regulation of natural gas
exploration facilities for purposes of preparation of discharge
prevention and contingency plans and compliance with financial
responsibility requirements; addressing the relationship between
shallow natural gas and other natural resources; and adding, in the
exemption from obtaining a waste disposal permit for disposal of
waste produced from drilling, a reference to shallow natural gas."
-- CONFIRMATION HEARINGS ON GOVERNOR'S APPOINTEES TO BOARD OF
FISHERIES: Virgil Umphenour, Dan Coffey & Grant Miller
PREVIOUS SENATE COMMITTEE ACTION
HB 394 - See Resources minutes dated 4/24/96.
WITNESS REGISTER
Ella Ring
Box 10-3212
Anchorage, AK 99510
POSITION STATEMENT: Supports confirmation of Dan Coffey
Theo Matthews
Box 69
Kasilof, AK 99610
POSITION STATEMENT: Opposes confirmations of Virgil Umphenour &
Dan Coffey. Supports confirmation of Grant
Miller
Mrs. Irene Fandel
702 Lawton Drive
Kenai, AK 99611
POSITION STATEMENT: Supports confirmations of Virgil Umphenour &
Dan Coffey
Bill Henry
1081 Duck Pond Road
North Pole, AK 99705
POSITION STATEMENT: Supports confirmation of Virgil Umphenour
Marvin Hoff
P.O. Box 32
King Cove, AK 99612
POSITION STATEMENT: Opposes confirmation of Virgil Umphenour
Grant Newton
General Delivery
King Cove, AK 99612
POSITION STATEMENT: Opposes confirmation of Virgil Umphenour
Melanie Gunderson
P.O. Box 248
Sand Point, AK 99661
POSITION STATEMENT: Opposes confirmation of Virgil Umphenour
Myron Naneng
P.O. Box 215
Bethel, AK 99559
POSITION STATEMENT: Supports confirmation of Virgil Umphenour
Opposes confirmation of Dan Coffey
Ted Whip
3333 W. 86th
Anchorage, AK 99502
POSITION STATEMENT: Supports confirmations of Virgil Umphenour and
Dan Coffey. Opposes confirmation of Grant
Miller.
Dan Billman
13740 McDonnell Road
Anchorage, AK 99516
POSITION STATEMENT: Supports confirmation of Dan Coffey
Bill Sullivan
P.O. Box 943
Kenai, AK 99611
POSITION STATEMENT: Opposes confirmation of Dan Coffey
Supports confirmation of Grant Miller
Rob Williams
P.O. Box 206
Kasilof, AK 99610
POSITION STATEMENT: Supports confirmation of Grant Miller
Opposes confirmation of Dan Coffey
John Peckham
P.O. Box 8394
Ketchikan, AK 99901
POSITION STATEMENT: Supports confirmation of Grant Miller
Has concerns with confirmation of Dan Coffey
Phil Cutler
P.O. Box 241847
Anchorage, AK 99524
POSITION STATEMENT: Supports confirmation of Dan Coffey
Terry Jorgenson
P.O. Box 324
Chugiak, AK 99567
POSITION STATEMENT: Supports confirmation of Dan Coffey
Dick Bower
P.O. Box 3662
Soldotna, AK 99669
POSITION STATEMENT: Supports confirmations of Dan Coffey and Grant
Miller
Chris Rosauer
3716 Drum Circle
Anchorage, AK 99507
POSITION STATEMENT: Supports confirmations of Dan Coffey, Virgil
Umphenour and Grant Miller
Drew Sparlin
37010 Cannery Road
Kenai, AK 99611
POSITION STATEMENT: Supports confirmation of Grant Miller
Opposes confirmation of Dan Coffey
Dale Bondurant
HC1 Box 1197
Soldotna, AK 99669
POSITION STATEMENT: Opposes confirmation of Grant Miller
Don Ostling
P.O. Box 1781
Kenai, AK 99611
POSITION STATEMENT: Opposes confirmation of Dan Coffey
Ramon Sparlin
P.O. Box 234
Sand Point, AK 99661
POSITION STATEMENT: Supports confirmation of Grant Miller
Opposes confirmations of Virgil Umphenour and
Dan Coffey
Herman Fandel
702 Lawton Drive
Kenai, AK 99611
POSITION STATEMENT: Supports confirmations of Virgil Umphenour &
Dan Coffey. Opposes confirmation of Grant
Miller
John Efta
P.O. Box 353
Kenai, AK 9611
POSITION STATEMENT: Opposes confirmation of Dan Coffey
Kevin Barksdale
881 Westbury
Anchorage, AK 99503
POSITION STATEMENT: Supports confirmation of Dan Coffey
Dick Bishop
P.O. Box 73902
Fairbanks, AK 99707
POSITION STATEMENT: Supports confirmation of Virgil Umphenour, Dan
Coffey & Grant Miller
Cliff Skillings
P.O. Box 23081
Juneau, AK 99801
POSITION STATEMENT: Supports confirmation of Grant Miller
ACTION NARRATIVE
TAPE 96-65, SIDE A
Number 001
CSHB 394(FIN) am SHALLOW NATURAL GAS LEASING
CHAIRMAN LEMAN called the Senate Resources Committee meeting to
order at 3:50 p.m. He introduced HB 394 as the first order of
business, and invited Representative Scott Ogan and Hans Neidig to
the table to explain a proposed amendment.
REPRESENTATIVE SCOTT OGAN , prime sponsor of HB 394, explained th
amendment was basically technical in nature. On page 6, line 2,
language was added to clarify that the payments will be annual. On
page 7, line 10, the phrase "exploration and before production" was
added in case a lessee penetrates a formation capable of producing
oil.
HANS NEIDIG , staff to Representative Ogan, added that the change to
page 7, line 25, was simply a drafting change because the language
had been poorly drafted.
Number 080
CHAIRMAN LEMAN directed attention to a letter dated April 26 from
the Department of Natural Resources suggesting that on page 7,
lines 21 - 23, the sentence starting with the phrase "consistent
with the principle of..." be deleted. REPRESENTATIVE OGAN stated
he concurred with the suggested change.
CHAIRMAN LEMAN asked for a motion to adopt the following Amendment
No. 1:
Amendment No. 1
Page 6, line 2: Following "payment to the state of" insert
"annual"
Page 7, line 10: Before the word "production" insert "exploration
and"
Page 7, line 25: Sentence should read: "may not be mined or
extracted by the coal lessee from the coal lease
without prior"
SENATOR PEARCE moved the adoption of Amendment No. 1. Hearing no
objection, the Chairman stated the amendment was adopted.
CHAIRMAN LEMAN asked if there was a motion to adopt Amendment No.
2, suggested by DNR to delete the sentence on page 7, lines 21 -
23.
SENATOR PEARCE moved the adoption of Amendment No. 2. Hearing no
objection, the Chairman stated the amendment was adopted.
CHAIRMAN LEMAN asked for the pleasure of the committee on SCS CSHB
394(RES).
SENATOR PEARCE moved SCS CSHB 394(RES), as amended, and the
accompanying fiscal notes be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 130
CHAIRMAN LEMAN stated the next order of business would be
confirmation hearings for the Governor's appointees to the Board of
Fisheries: Virgil Umphenour, Fairbanks; Dan Coffey, Anchorage; and
Grant Miller, Sitka.
VIRGIL UMPHENOUR , addressing the committee via teleconference from
Fairbanks, stated he purchased a commercial limited entry fish
wheel permit in 1984 and fished on the Tanana River, where in 1985
he built a small processing plant. He then expanded his business
to Fairbanks where he processes not only commercial caught fish,
but also sport, subsistence or personal use caught fish, as well as
game animals and domestic livestock.
Mr. Umphenour stated he got involved in fish politics a number of
years ago serving as the first co-chair for the Yukon River
Drainage Fisheries Association, as well as having served on the
Yukon River salmon fishing negotiation's process since 1989. He
has served on the Board of Fisheries for the past two years and was
reappointed by the Governor in February 1996.
There being no questions from committee members, CHAIRMAN LEMAN
thanked Mr. Umphenour for his comments and then invited Dan Coffey
to make his presentation.
DAN COFFEY , a 49-year resident of Anchorage addressed the committee
in Juneau. He stated he is a practicing attorney specializing in
corporate and commercial law. In the course of his practice over
the years, he has represented commercial fishermen, processors, and
sportsfishermen. He noted he has served on the FISH Initiative
board, however, when he submitted his name to serve on the Board of
Fisheries, he resigned from that board and has no further
connection with it.
Mr. Coffey also related that over the time he has lived in Alaska
he has been both a commercial and a sports fisherman. His last
involvement in commercial fishing was from 1985 to 1990 when he
owned an 80 foot commercial halibut schooner.
Mr. Coffey said his standards or criteria that he uses when he
tries to make decisions relative to fisheries are preservation of
the resource, following the sustained principles of Alaska's
Constitution, and his belief that it is a public resource which
needs to be shared among Alaskans. He views that one of the
primary objectives of the Board of Fisheries after it has met
sustained yield and conservation is the allocation decisions which
are necessary to be made, and those are the most difficult
decisions that the board faces. He said he is committed to do his
best to make the Board of Fisheries process work, and that he would
base his decisions on the best available evidence brought to the
board.
CHAIRMAN LEMAN asked Mr. Coffey what particular commitments he has
made to the Governor. MR. COFFEY clarified that the only specific
thing the Governor requested of him was to do his best to
strengthen the board process and make the board process work. They
also discussed his involvement on the FISH Initiative and he
informed the Governor of his resignation from that board.
CHAIRMAN LEMAN asked Mr. Coffey his position on the FISH Initiative
now. MR. COFFEY responded his answer was in particular addressing
the Cook Inlet region. The Cook Inlet region is governed by what
is known as the Upper Cook Inlet Salmon Management Plan, which has
been in effect either as a policy or as a regulation since 1977.
The board calls that the umbrella plan and underneath that is a
series of other fish management plans which are step-down plans.
Many step-down plans, which are mandated by the overall umbrella,
have never been adopted in the 20 years that the plan has been in
effect. That frustration from the sports fishing point of view was
what led to the development of the FISH Initiative. Since his
appointment to the board the board has addressed the issue of the
step-down plans and will continue to address them until each
element underneath those has been adopted. If they do that, then
the necessity for an initiative goes away.
SENATOR HOFFMAN asked if issues are not adequately addressed by the
board, would he then support managing the resources in the state by
initiative. MR. COFFEY replied that his first choice would be by
the board, second by the Legislature, and third by initiative. He
reiterated he does not believe the FISH Initiative is necessary if
the board addresses the issues.
Number 427
SENATOR LINCOLN asked Mr. Coffey if after his resignation from FISH
there was any further involvement, because there seems to be a
perception that once he made his application to serve on the Board
of Fisheries he still continued to be involved with the FISH
Initiative. MR. COFFEY clarified that the things he might have
done would be things like sending a file to Av Gross, or resigning
as the registered agent, acts that disassociated himself with it.
CHAIRMAN LEMAN asked Mr. Coffey if he thought it was fair in the
FISH Initiative to take five percent of a statewide total, which
includes what are considered as non sports fish like chums and
pinks from Prince William Sound and Kodiak, and apply that to an
allocation. He added, as an example, that if you take all the
kings and silvers in Cook Inlet, that still wouldn't fulfill a five
percent quota of 40 million pinks that return to Kodiak. He said
this doesn't make sense. MR. COFFEY answered that the dilemma
faced by the people who proposed the initiative is that you can't
have a localized statewide initiative. It was hoped that it would
be applied primarily to Cook Inlet, and that's why it is a blunt
instrument and the least effective way in which to effect this
policy. CHAIRMAN LEMAN said he thinks something like this does a
tremendous disservice to the management of fisheries because it can
be very disruptive.
Number 475
SENATOR HALFORD commented that he thinks the initiative is a result
of the failure of the board to follow its own mixed stock fishery
policy. He said laws have been passed to say do it and they
haven't done it, so as bad as the initiative is, it is our fault.
SENATOR TAYLOR asked Mr. Coffey who first approached him concerning
his appointment to the Board of Fisheries. MR. COFFEY replied he
was first approached by Phil Cutler, Bob Penney and Bruce Knowles,
and then later he talked to a fair number of people, including
people in the Governor's office, asking them about the job.
SENATOR TAYLOR asked Mr. Coffey if the Governor indicated to him
why he was selecting him over the other people that applied to
serve on the Board of Fisheries. MR. COFFEY responded that the
Governor didn't compare him to other people, but he has known the
Governor since his days as an assemblymen on the Anchorage
Assembly. They have been friends and political associates for a
long time, and the people who urged him to run also supported him
and made calls to the Governor and his staff.
SENATOR TAYLOR asked if it was just happenstance that the people he
talked with and met with are people that are directly involved in
the FISH Initiative. MR. COFFEY replied that clearly the impetus
initially came from these people in the sport fishing community,
but there are others who are not in sport fishing who support him,
who are commercial fishermen. SENATOR TAYLOR commented it seems as
though his name has been placed here to specifically support or at
least advocate for one very narrow issue within the entire
parameters of fish. MR. COFFEY stated that if that's what they
wanted him to do, he wouldn't have taken the job. He said the
Governor knew his appointment was going to be controversial, but he
didn't ask him to perform a specific agenda. It's real clear what
his responsibilities are as a member of the board and he doesn't
have any problem with that, nor does he have any problem with what
he did ahead of time. He added what he offers is his energy, his
knowledge, his willingness to work hard, and ability to make fair
decisions as best he can.
TAPE 96-65, SIDE B
Number 005
SENATOR TAYLOR asked Mr. Coffey if he would feel comfortable in
making decisions on the board that he felt in his heart were right,
but that were very adamantly opposed by the sport fishermen groups
who helped secure his appointment. MR. COFFEY answered that he
just did that with Cook Inlet; he made decisions there that they
didn't like.
SENATOR TAYLOR said he was somewhat disconcerted a few days before
when one of Mr. Coffey's supporters came to his office and
basically indicated that if he and others were to oppose Mr.
Coffey's nomination that he would do everything he could to remove
Mr. Miller as an appointee to the board. He said he felt it was
disappointing and he was particularly concerned because the
attitude portrayed was that "he's our boy and you leave him alone."
MR. COFFEY stated he wouldn't condone anything like that, and he
added that Grant Miller has worked real hard, and he hopes he gets
to serve with him on the board.
Number 075
CHAIRMAN LEMAN asked Mr. Coffey if in his conversations with
Governor Knowles, there was discussion on the Area M fisheries
management and any of those conflicts. MR. COFFEY replied that
they did not discuss any specific fishery, except there may have
been discussion about the Cook Inlet mediation.
SENATOR HOFFMAN said the board has made many decisions on
allocation issues on subsistence on the Kenai, and he asked Mr.
Coffey if he agrees with those or would he change any those
decisions. MR. COFFEY responded that those decisions seem to work
well for the local people and the traditions. He doesn't know if
the board ever had a vote on them, but he does support those
concepts.
Number 110
SENATOR LINCOLN asked Mr. Coffey to explain his position on
allocation between the mixed stock fisheries and individual river
systems -- how does he determine what is fair and equitable to each
user group. MR. COFFEY answered that generally speaking, many of
the state's fisheries are mixed stock. The problems the board has
in making decisions relative to mixed stock fisheries in many areas
of Alaska is an absence of good reliable data. He said in trying
to make decisions, his method is to ask a lot of questions and to
go to sources that he hopes are reliable. He also pointed out that
by statute, subsistence comes first and so the board follows the
law. The other users are all on the same plain, except when it
comes to nonresident users. His personal view is that because the
state has a system that is divided into personal use and
subsistence, and there are people who are not in subsistence areas
who have a need, in those areas on his personal decision-making
basis, he elevates the personal use concerns higher than a sport
use and a commercial use.
SENATOR LINCOLN stated her only concern is Mr. Coffey being the
initiator of the FISH Initiative and then to sit on the Board of
Fisheries. MR. COFFEY said his advocacy and his involvement in
something when he has no public responsibilities and no
constitutional obligations is one thing, and that's that position
he was in then. He emphasized that his decision-making process is
going to be based on the facts as they are presented to him. He
added that although he has biases and beliefs and opinions, he is
not going in there with a closed mind.
SENATOR SALO commented that she has always been leery of making the
whole allocation area more political, but it seems to her that in
the eye of someone, the board is always going to be not doing its
job. She asked Mr. Coffey how he envisions working with the
department, and also whether his commitment to this position is a
long term one or one just to deal with a couple of issues that are
currently on the table. MR. COFFEY responded that he agreed to
serve the term, so he will serve the term and work as hard on king
crab in the Aleutians as he did in any other issue. He views the
department as primarily an informational gathering and
implementation department. He has come to meet and know the people
who are managing the fisheries, and if he needs something
information wise, he will call them up and ask them for specific
information. He tries to use that information in the decision-
making process, and he would hope that the department would then
implement the decisions that the board makes so that they're sort
of the board's executive arm in that sense.
SENATOR SALO stated she is very concerned about the Department of
Fish & Game's budget, and she asked if the Legislature should
seriously underfund that department, what he thought the role of
the board would be in that situation. MR. COFFEY replied that
basically there is no direct interface with the Legislature so what
the board has done in the short time he has been there is by
resolution. He added he thought it would be appropriate for the
board to make an annual report to the Legislature or have its
chairman or somebody report to an appropriate committee.
SENATOR HALFORD congratulated Mr. Coffey on his record, his
interest, and his tolerance for this process. He said he thinks
there are few things that are really more frustrating than serving
in the Legislature, but he thinks the fish board is probably one of
them.
CHAIRMAN LEMAN stated his main concern doesn't have to do with his
capability to do the job so much as what he called the
inappropriate influence of certain advocacy groups and the Office
of the Governor on the board process. He thanked Mr. Coffey for
appearing by the committee and responding to its questions.
CHAIRMAN LEMAN then invited Grant Miller to make his presentation
to the committee via the teleconference network from Sitka.
GRANT MILLER of Sitka stated he has been a self-employed commercial
fisherman for 30 years, spending the early parts of his fishing
career first on the East Coast and then on the West Coast. He
arrived in Alaska in 1977. He was previously a troller, but for
the past three seasons he has been seining, as well as operating a
herring bait pound and participating in the halibut fishery.
Mr. Miller said he has been involved in various groups since coming
to Alaska. He has been involved with Northern Southeast Regional
Aquaculture Association (NSRAA) for approximately 10 years and has
been their president for eight years. He has also been involved
with United Fishermen of Alaska from which he resigned after
accepting his appointment to the Board of Fisheries. He also
resigned from the Board of Directors of Seafood Producers Co-op.
Basically, those resignations were due to not having enough time to
fulfill those duties. He is currently serving on the Sitka
Committee on Fisheries.
Mr. Miller said he knew going in that being on the board was going
to be a very difficult undertaking, but once he made the commitment
to do it, he felt that he had some things to bring to this board
that might be of help. He felt that his experience with NSRAA had
given him some experience in reaching resolutions over contentious
issues, as well as having a broad background in fisheries of all
types. He felt that with this background and the experiences that
he had with these various boards, that he had something that he
could contribute to the Board of Fisheries process, which he
strongly supports.
CHAIRMAN LEMAN said criticism he hears is that the existing board
no longer has good representation from the western and central Gulf
of Alaska, but it seems to him Mr. Miller's background comes the
closest to being acquainted with those fisheries. He asked Mr.
Miller how he sees his interaction with his colleagues in the
sharing of his knowledge and his ability to cover those areas where
there is a weakness on the board. MR. MILLER pointed out that
Trefon Angasan is a Bristol Bay fisherman who does serve on the
board and John White has a gillnet permit and fishes a fishery in
the Kuskokwim. He agreed his fishing background does somewhat
resemble some of the other fisheries in Western Alaska, and to some
extent, he is fairly knowledgeable, or at least has a basic
understanding. In the three board meetings he has attended, he has
learned a lot about these fisheries, and he feels his working
relationship with the rest of the board members has been very good.
SENATOR HOFFMAN noted the Legislature passed a mixed stock policy
several years ago, but the board has not implemented or decided on
a mixed stock policy. He asked Mr. Miller what he would do to see
that a mixed stock policy would be implemented if he is appointed
to the board. MR. MILLER responded that he thinks a mixed stock
policy needs to be identified. He said he feels comfortable that
the members of this board are quite capable of coming up with a
policy that will work for Alaskans.
TAPE 96-66, SIDE A
Number 005
SENATOR HOFFMAN asked Mr. Miller if he would make a mixed stock
policy a priority, as well as any other directives that the
Legislature would pass. MR. MILLER responded that considering some
of the issues they have to deal with, anything they can use as a
tool or a criteria to make these decisions should be a priority, as
well as adequate resources of data and information should be a
priority.
SENATOR HOFFMAN asked Mr. Miller his position on subsistence
allocation. MR. MILLER replied his first priority is to make sure
there is sufficient resource for any of these activities, and he
would rank subsistence and personal use at the very top. He said
he would also include sport and commercial as very high up on the
priority list. He believes the resources of Alaska should be for
Alaskans primarily, and if they are available and if there is an
abundance, then he thinks we can choose to share that abundance
with nonresidents of this state in an appropriate manner. He
pointed out that a lot of people use the sport fishing method of
providing their homes and family with fish, and he thinks that
needs to be considered as well.
Number 100
CHAIRMAN LEMAN asked Mr. Miller if he believes this Administration
is doing an adequate job of defending the Alaskan interests in the
U.S./Canada salmon controversy, and if not, what else should be
done. MR. MILLER responded that since he has been on the Board of
Fisheries, he hasn't focused as much on that as he might have.
However, he said it appears to him from what information he has
gathered, mostly from the news media, that they are doing a good
job. He suggested one of the main things that Alaskans might do to
improve the situation is conduct in some way our own public
relations campaign.
CHAIRMAN LEMAN thanked Mr. Miller for his participation in the
hearing, as well as his willingness to serve on the board. He then
opened the meeting to public comment on the appointees to the Board
of Fisheries.
ELLA RING , a resident of Wasilla testifying from the Mat-Su LIO,
stated she fishes in the northern district, and she urged support
for the confirmation of Dan Coffey so that the Northern District
can have a strong voice on the Board of Fisheries.
THEO MATTHEWS , Executive Director of the United Cook Inlet Drift
Association (UCIDA), testifying from Kenai, stated their primary
concern on all of the nominees is on the balance of the Board of
Fisheries. They believe the Governor has failed the state in
creating a balance that people feel is fair and has regional
knowledge as expertise. If all the nominees are confirmed, six of
the seven appointees on the board will be from Anchorage and north
of Anchorage. He said UCIDA does not support the confirmation of
Mr. Umphenour, simply on the balance issue, nor do they support Mr.
Coffey because of the balance issue, as well as his position with
the FISH Initiative. UCIDA supports the nomination of Grant Miller
from Southeast Alaska because of his experience in marine
fisheries.
IRENE FANDEL , a 30-year resident of Alaska testifying from Kenai,
stated her strong support for the confirmations of Virgil Umphenour
and Dan Coffey.
BILL HENRY , a 40-year resident of Alaska testifying from Fairbanks,
said he is a retired commercial Upper Yukon fisherman, a
subsistence fisherman in the past, and he now sport fishes. He
stated he represents a large number of friends and relatives who
are in full support of Virgil Umphenour's appointment to the Board
of Fisheries because he keeps himself well informed and he is able
to make honest and intelligent decisions.
MARVIN HOFF , an Aleut fisherman from King Cove testifying from the
Dillingham LIO, stated his strong opposition to the confirmation of
Virgil Umphenour. He said he attended the last Board of Fisheries
meeting that concerned Area M, and he had to sit and listen to Mr.
Umphenour lie and tell half-truths about that fishery and the
fishery on Norton Sound. He added that Mr. Umphenour has not and
will not ever make a sound, rational or sane decision concerning
Area M.
GRANT NEWTON , a resident of King Cove and Acting Chairman of the
Alaska Fish & Game Local Advisory Committee testifying from the
Dillingham LIO, stated he was speaking as a local commercial
fisherman who is very familiar with the Board of Fisheries process
over the past 12 years when dealing with Area M versus other
regions of the state. He participated in two meetings of the Board
of Fisheries this spring regarding Area M and the AYK Region with
Dan Coffey, Grant Miller and Virgil Umphenour. He said Mr. Coffey
and Mr. Miller were energetic toward the board process and
objective in their questions of both sides of the issue. However,
although Mr. Umphenour has no conflict of interest by state
regulation, he appears to have his own agenda which deteriorates
the board process and the integrity. He feels Mr. Umphenour does
not form objective decisions using the best available information
and policies of the state, nor does he objectively address the
problems within the AYK Region itself.
Number 335
MELANIE GUNDERSON of Sand Point testifying from Dillingham on
behalf of the Peninsula Marketing Association, said the June
fishery of Area M was recently up for consideration by the Board of
Fisheries, and fortunately, they gained back their ability to fish
and to support their families. This happened despite the
persistent opposition by Virgil Umphenour. She said they are
opposed to his continued participation on this board, not because
of his opposition, but for his lack of understanding of the
statewide commercial fisheries and the many different gear groups.
MYRON NANENG , representing the Association of Village Council
Presidents and testifying from Bethel, stated their strong support
for the confirmation of Virgil Umphenour because he is the only one
that speaks loudly for the conservation of the resource. He spoke
against the confirmation of Dan Coffey.
TED WHIP , a commercial fisherman on the Kenai Peninsula testifying
from Anchorage, stated he has been observing the board process
regularly since 1982, and this was the first board that ever
addressed the problems in the Northern District fairly. Although
Dan Coffey was not his first choice because he thought he had other
interests, he turned out to be a very logical man who is able to
see through the smokescreens on both the staff side and other user
groups. He also believes Virgil Umphenour is experienced, fair and
decisive. He said Grant Miller was not at all concerned about what
happened in the Northern District.
Number 406
DAN BILLMAN , Vice President of the Northern District Setnetters of
Cook Inlet Association, voiced the association's and his support
for the confirmation of Dan Coffey. He said they are likely one of
the few commercial fishing organizations that supported and
continue to support Mr. Coffey. Their continued support is based
on Mr. Coffey's performance at the recent Board of Fisheries
meeting because of his knowledge of the fisheries and how quickly
he learned what were issues, what was important, and how to react
to them. He is willing to listen to all sides, is fair and makes
equitable decisions based on the information provided.
BILL SULLIVAN of Kenai testified in opposition to the confirmation
of Dan Coffey. He said by his very background and education, that
is his being an attorney, Mr. Coffey will tend to look at all sides
of issues brought before the board, but it is by his long time
singular alignment on the critical issues that confront the very
integrity of the Cook Inlet commercial fisheries that make him at
the very least inappropriate for confirmation as a member of the
Board of Fisheries. Not confirming Mr. Coffey will only serve to
preserve the integrity of the board process. He stated support for
the confirmation of Grant Miller because he is well qualified to
look at both sides of the issue.
ROB WILLIAMS , testifying from Kenai, voiced support for the
confirmation of Grant Miller because he is a very level-headed
person with an extensive fishing background. He said he also needs
to be confirmed so that Southeast Alaska has their place on the
board to cover the diversity of the state. He said he opposes Dan
Coffey, and even though he resigned from FISH, the fact remains
that he was involved with it and felt that it was a good thing,
and, in his opinion, that's the largest deterrent to this Board of
Fisheries' process. He also shows no concern for the problems of
the Kenai River area.
JOHN PECKHAM , a 21-year resident of Ketchikan and a commercial
fisherman testifying from Ketchikan, stated his support for the
confirmation of Grant Miller. He believes Mr. Miller will make an
excellent member of the Board of Fisheries because he a reasonable
guy, he's a consensus builder, he knows how to compromise, and he
doesn't appear to have an agenda. Although he doesn't know Dan
Coffey personally, he is concerned with the perception that he is
a strong advocate of one peer group and is a person with an agenda.
PHIL CUTLER , testifying from Anchorage on behalf of the Alaska
Sport Fishing Association, said at a recent meeting of their
association and discussions on appointees to the Board of
Fisheries, their organization unanimously supported the
confirmation of Dan Coffey. There was extensive discussion on
Virgil Umphenour's appointment, but the meeting ended before a
decision was made on whether or not to support his confirmation.
TERRY JORGENSON , a commercial fisherman in the Northern District
testifying from Anchorage, stated he has attended every Board of
Fisheries meeting since 1982, as well as attending the recent
meetings in Anchorage and watching hese potential members to the
board. He feels the board has been democratic in form, and yet,
has been unwilling over the years to address many of the mixed
stock problems in Cook Inlet. He noted the Northern District
Setnet Board interviewed Mr. Coffey and they were very concerned
about his association with the FISH Initiative, but after
questioning him for two hours, all of them supported his
nomination. He said he finds Mr. Coffey very easy to communicate
with on commercial fishing issues, he asks excellent questions, and
he is a real problem solver. He also feels the other new members
to the board did a good job, and the present board is in the best
interest of the state.
Number 547
DICK BOWER , a resident of Soldotna testifying from Anchorage,
stated he is a sitting member of the Board of Fisheries. He said
he wouldn't comment on Virgil Umphenour because he believes Mr.
Umphenour has a couple of years of experience on the board so that
the public and the legislators can judge his performance. In the
case of both Grant Miller and Dan Coffey, he believes that they are
both bringing to the board an additional perspective that he finds
very valuable as a board member, and he thinks they have very
quickly taken a position as a part of a team that is trying to
solve the problems faced by the board. Grant Miller has given the
board a perspective and knowledge of gear groups in that he is very
able to relate to the pressing problems that come before the board.
Dan Coffey is bringing knowledge of some of the legal and other
aspects to the board that he thinks will serve the board very well.
CHRIS ROSAUER , a board member of the Northern District Setnetters
of Cook Inlet Association and owner of a processing facility in
Anchorage, stated his strong support for Dan Coffey, Virgil
Umphenour and Grant Miller. He said all three of them have done a
good job so far and they all deserve a seat on the board.
DREW SPARLIN of Kenai said that in his 35-years of Alaska
residency, this is the first time he has felt compelled to speak to
any committee concerning confirmation of Board of Fish appointees.
He voiced his support for the confirmation of Grant Miller because
of his participation in several fisheries within the state of
Alaska over the years, and the fact that he will be the only member
of the board that participates in any fishery other than salmon.
Mr. Miller's vast knowledge within the state fisheries assist him
in making unbiased decisions on very important issues. He voiced
his opposition to the confirmation of Dan Coffey because he has a
very limited participation level within the community public
service sector concerning Alaska fisheries. His confirmation will
only assist in the destruction of a unique board process that has
served this state very well.
TAPE 96-66, SIDE B
Number 015
DALE BONDURANT of Soldotna and a 49-year resident of Alaska, stated
his strong opposition to some of the questions posed by committee
members to Dan Coffey. He said to question Dan Coffey just because
he is a friend of somebody is really dragging this stuff through
the dirt. He also said it is a disgrace for people to get up and
say that Grant Miller is for the protection of the resource.
DON OSTLING , a resident of Kenai and a Cook Inlet drift fisherman
for 31 years testifying in opposition to the confirmation of Dan
Coffey, said he doesn't think a person has to be a rocket scientist
to know or figure out what further consequences would occur for the
commercial salmon fishery in Upper Cook Inlet if Dan Coffey should
be confirmed to the Board of Fisheries.
RAMON SPARLIN , a commercial fisherman and long-time resident of
Alaska testifying from Kenai, voiced his support for the
confirmation of Grant Miller because of his knowledge and
diversification in many fisheries. He has observed Virgil
Umphenour at Board of Fisheries meetings, and he thinks his only
concern is his interest in the AYK Region. He also said Dan
Coffey's track record strongly indicates his bias in the use and
allocation of Alaskan resources, and his appointment would be a
stab in the back of the commercial fish interests of Alaska.
Number 125
HERMAN FANDEL , a 30-year Kenai Peninsula resident and owner of a
tourism-related business, said tourism in that area depends almost
100 percent on sport fishing, and he questioned how many FISH
Initiatives there will have to be for the people of Alaska to get
back even a few of their fish from the commercial monopoly that
exists. He said the Board of Fisheries must do something to
curtail or stop the driftnets in Cook Inlet. He voiced support for
the confirmations of Virgil Umphenour and Dan Coffey to the Board
of Fisheries, but stated opposition to the confirmation of
commercial fisherman Miller to the board.
JOHN EFTA of Kenai stated he does not support the confirmation of
Dan Coffey because it appears that he doesn't believe in the
system. He said Mr. Coffey found it convenient to circumvent the
system by, as a last resort, involving himself in the initiative
process. When he got appointed to the Board of Fisheries, he used
the initiative as an indirect method as a blackmail tool to get
what he wanted achieved at the Board of Fisheries.
KEVIN BARKSDALE , an Anchorage commercial fisherman who fishes in
the Northern District of Cook Inlet, stated his support for the
confirmation of Dan Coffey. He feels that Mr. Coffey is fair and
that he listened to everybody at the board hearings in February.
He brought forth good questions for discussion and made good
decisions. Based on Mr. Coffey's performance at the Board of
Fisheries, he urged his confirmation.
DICK BISHOP , addressing the committee in Juneau on behalf of the
Alaska Outdoor Council, stated the council recommended to the
Governor the appointments of Virgil Umphenour, Dan Coffey and Grant
Miller. In urging the committee's support for the confirmation of
Mr. Umphenour, he said Mr. Umphenour has a long history and
involvement in conservation issues on behalf of the resource, as
well as a good rapport with both rural and urban residents on
fisheries and other issues.
CLIFF SKILLINGS , Executive Director of Southeast Alaska Seiners,
testifying in Juneau, voiced their strong support for the
confirmation of Grant Miller. They believe Mr. Miller will be able
to make fair and impartial decisions for all of the fisheries in
the state of Alaska. Mr. Miller's involvement in the Southeast
Alaska commercial fishing industry is an attribute that he can
bring to this board which is lacking in southeast representation.
While recognizing the need for fisheries management to benefit all
users, Mr. Miller also understands the socioeconomic importance of
the commercial fisheries both to the southeast region and also to
those other regions statewide that depend upon productive
commercial resources.
There being no further testimony, CHAIRMAN LEMAN closed the
confirmation hearings and adjourned the meeting at 6:30 p.m.
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