Legislature(2013 - 2014)BUTROVICH 205

04/01/2013 03:30 PM Senate RESOURCES


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03:33:02 PM Start
03:33:37 PM Confirmation Hearing:==board of Fisheries
04:33:09 PM Confirmation Hearing:==big Game Commercial Services Board
04:53:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Governor's Appointments: TELECONFERENCED
Big Game Commercial Services Board
Henry Tiffany IV - Ester
Board of Fisheries
Thomas Kluberton - Talkeetna
Claude V. Webster - King Salmon
Board of Game (pending referral)
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         April 1, 2013                                                                                          
                           3:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                              
Senator Cathy Giessel, Chair                                                                                                    
Senator Fred Dyson, Vice Chair                                                                                                  
Senator Peter Micciche                                                                                                          
Senator Lesil McGuire                                                                                                           
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Click Bishop                                                                                                            
Senator Anna Fairclough                                                                                                         
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARINGS                                                                                                           
     Board of Fisheries                                                                                                       
          Thomas Kluberton - Talkeetna                                                                                        
          Claude V. Webster - King Salmon                                                                                       
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
     Big Game Commercial Services Board                                                                                       
          Henry Tiffany IV - Ester                                                                                              
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action consider                                                                                                     
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
THOMAS KLUBERTON                                                                                                                
Ester, Alaska                                                                                                                   
POSITION STATEMENT: Testified as an appointee to the Board of                                                                 
Fisheries.                                                                                                                      
                                                                                                                                
ANDREW COUCH, representing himself                                                                                              
Matsu Advisory Committee                                                                                                        
Matsu, Alaska                                                                                                                   
POSITION STATEMENT: Supported the  reappointment of Mr. Kluberton                                                             
and Mr. Webster to the Board of Fisheries.                                                                                      
                                                                                                                                
ROBERT HEYANO, representing himself                                                                                             
Dillingham, Alaska                                                                                                              
POSITION STATEMENT: Supported the  reappointment of Mr. Kluberton                                                             
and Mr. Webster to the Board of Fisheries.                                                                                      
                                                                                                                                
VIRGIL UMPHENOUR, representing himself                                                                                          
North Pole, Alaska                                                                                                              
POSITION STATEMENT: Testified in  support of the reappointment of                                                             
Mr. Kluberton and Mr. Webster to  the Board of Fisheries, and the                                                               
appointment of  Mr. Tiffany to  the Big Game  Commercial Services                                                               
Board.                                                                                                                          
                                                                                                                                
PAUL SHADURA                                                                                                                    
Kenai Peninsula Fisherman's Association (KPFA)                                                                                  
Kenai, Alaska                                                                                                                   
POSITION STATEMENT: Testified in  support of the reappointment of                                                             
Mr. Kluberton and Mr. Webster to the Board of Fisheries.                                                                        
                                                                                                                                
BRUCE KNOWLES, representing himself                                                                                             
Willow, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of the reappointment of                                                             
Mr. Kluberton  to the  Board of Fisheries,  and in  opposition to                                                               
the reappointment of Mr. Webster to the Board of Fisheries.                                                                     
                                                                                                                                
CLAUDE WEBSTER                                                                                                                  
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:  Testified as  an appointee  to the  Board of                                                             
Fisheries.                                                                                                                      
                                                                                                                                
RICKY GEASE, Executive Director                                                                                                 
Kenai River Sport Fishing Association                                                                                           
Soldotna, Alaska                                                                                                                
POSITION STATEMENT: Testified in  opposition to the reappointment                                                             
of Mr. Webster to the Board of Fisheries.                                                                                       
                                                                                                                                
HENRY TIFFANY IV                                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified as  an appointee  to the  Big Game                                                             
Commercial Services Board.                                                                                                      
                                                                                                                                
KELLY VREM, Chairman                                                                                                            
Big Game Commercial Services Board                                                                                              
Sutton, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of the reappointment of                                                             
Mr. Tiffany to the Big Game Commercial Services Board.                                                                          
                                                                                                                                
RICHARD ROHRER, representing himself                                                                                            
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of the reappointment of                                                             
Mr. Tiffany to the Big Game Commercial Services Board.                                                                          
                                                                                                                                
SAM ROHRER, representing himself                                                                                                
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of the reappointment of                                                             
Mr. Tiffany to the Big Game Commercial Services Board.                                                                          
                                                                                                                                
THOR STACY, lobbyist                                                                                                            
Alaska Professional Hunter's Association                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in  support of the reappointment of                                                             
Mr. Tiffany to the Big Game Commercial Services Board.                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:33:02 PM                                                                                                                    
CHAIR  CATHY   GIESSEL  called  the  Senate   Resources  Standing                                                             
Committee meeting  to order at 3:33  p.m. Present at the  call to                                                               
order were Senators French, Micciche, Dyson, and Chair Giessel.                                                                 
^Confirmation Hearing:==Board of Fisheries                                                                                      
                                                                                                                                
                     CONFIRMATION HEARINGS                                                                                  
                       Board of Fisheries                                                                                   
                                                                                                                                
3:33:37 PM                                                                                                                    
CHAIR GIESSEL  announced that the  business before  the committee                                                               
would be confirmation  hearings. She asked Mr.  Kluberton to tell                                                               
them why he wanted to serve the Board of Fisheries (BOF).                                                                       
                                                                                                                                
3:34:04 PM                                                                                                                    
THOMAS  KLUBERTON, appointee  to the  Board of  Fisheries, Ester,                                                               
Alaska, related  that he  came to  Alaska in  1984 and  worked in                                                               
Juneau with  the state for close  to 10 years; his  last position                                                               
was    director   of    Information   Systems,    Department   of                                                               
Transportation  and  Public  Facilities   (DOTPF).  He  moved  to                                                               
Talkeetna  in  1993 where  he  began  restoring an  old  National                                                               
Historic  Register fishing  and  hunting lodge  that  he and  his                                                               
family runs as a small inn/bed and breakfast.                                                                                   
                                                                                                                                
He had some  spare time in the winters, so  he became involved in                                                               
the community council which led  to the Matsu Planning Commission                                                               
and  to the  Matsu Borough  Assembly  where he  served for  three                                                               
years. While a  member, Curt Menard was Mayor and  was willing to                                                               
reintroduce  (by request)  the  Mayor's  Blue Ribbon  Sportsman's                                                               
Committee  and asked  him to  get it  going. So,  he organized  a                                                               
group  of  folks and  among  those  who  were interested  in  the                                                               
sustainability of fish  in the Matsu area was a  gentlemen by the                                                               
name  of Larry  Engel.  He turned  out to  have  been a  renowned                                                               
member  of  the  Board  of  Fisheries who  had  been  a  20  year                                                               
biologist with the Alaska Department  of Fish and Game (ADF&G) in                                                               
Southcentral Alaska.  So, Mr. Kluberton  was educated  by members                                                               
of  the Sportsman's  Committee and  Mr. Engel  and learned  a lot                                                               
about  Alaska's sustainable  salmon fisheries  policy. His  group                                                               
with  Larry  in   the  lead  was  quite  effective   in  2008  in                                                               
encouraging  the  board  to  grant stock  of  concern  status  to                                                               
Susitna and Yetna sockeye salmon on a yield basis.                                                                              
                                                                                                                                
When  his  assembly   term  ended  Mr.  Kluberton   said  he  was                                                               
encouraged  to  throw his  name  in  the  hat  for the  Board  of                                                               
Fisheries and  did so. He ended  up on the board  three years ago                                                               
and has had a great opportunity  from that point on to expand the                                                               
knowledge he gained from working with those people.                                                                             
                                                                                                                                
3:39:34 PM                                                                                                                    
SENATOR FRENCH  thanked him  for serving  another term  and asked                                                               
him which  cases or questions  are the  hardest to work  with and                                                               
the easiest.                                                                                                                    
                                                                                                                                
MR. KLUBERTON  answered that  the most  difficult cases  are ones                                                               
that  don't   have  a   real  solid   clear  answer   in  policy,                                                               
conservation  or  sustainability, and  the  toughest  one was  of                                                               
permit  stacking for  set netters.  This  is where  the board  is                                                               
asked  if it's  okay for  one member  to hold  two limited  entry                                                               
permits for set net fisheries  and the legislature gave the board                                                               
the authority  years back to allow  it. The theory was  to reduce                                                               
the  amount   of  gear  in   a  fishery  and  try   to  normalize                                                               
overcapitalized fisheries and it was  aimed mostly at the Bristol                                                               
Bay drift net fishery during the lean times.                                                                                    
                                                                                                                                
3:41:16 PM                                                                                                                    
SENATOR MCGUIRE joined the committee.                                                                                           
                                                                                                                                
MR. KLUBERTON said that people can  fish two permits but they can                                                               
only use  one and  half times  the amount  of gear.  He explained                                                               
that   eventually  the   desire  to   make  the   fisheries  more                                                               
economically viable  occurred to the  set net fishermen  and they                                                               
began seeing proposals  asking to stack up set  net permits. That                                                               
became a very  lively discussion with stakeholders  living in the                                                               
areas and outside  the areas who just realized  with more permits                                                               
they  can  make a  better  living.  The  most  pro side  of  that                                                               
discussion  came from  folks who  lived  in the  eastern side  of                                                               
Bristol  Bay  who run  set  net  sites  but  were having  a  very                                                               
difficult time  with the  amount of  gear they  could put  in the                                                               
water to  make ends meet as  prices go up. King  Salmon's economy                                                               
was hurting also  because they lost the Air Force  base. While on                                                               
the  western side,  the guys  somehow thought  stacking increased                                                               
the  value  of  permits  and   if  the  values  rose,  then  more                                                               
individuals on  the west  side wouldn't  have the  wherewithal to                                                               
buy another permit.  So it put the price of  entering the fishery                                                               
out of their reach.                                                                                                             
                                                                                                                                
That  type of  a question  is really  hard to  find a  clear best                                                               
answer  to and  the board  doesn't get  a lot  of direction  from                                                               
statutes. The issue  was visited a couple of times  over the last                                                               
three years  and in other areas,  like Kodiak, where there  was a                                                               
lot of opposition  to it. Cook Inlet didn't  have much opposition                                                               
and it  went well in  Yakutat, but in  Bristol Bay it  was wildly                                                               
contentious.                                                                                                                    
                                                                                                                                
3:45:22 PM                                                                                                                    
SENATOR  MICCICHE asked  how he  makes allocation  decisions when                                                               
there just aren't enough fish.                                                                                                  
                                                                                                                                
MR. KLUBERTON explained  that he hadn't "risen  through the ranks                                                               
as  a  fanatic   fisherman  or  a  sports   guide  or  commercial                                                               
fisherman" and  just doesn't have a  dog in the fight,  so he can                                                               
stand back and watch and see  what strikes him as being fair. One                                                               
of the great things about the  Board of Fisheries process is that                                                               
they can go on forever, the  shortest being five to six days, but                                                               
a Cook Inlet meeting will last for two weeks.                                                                                   
                                                                                                                                
They get  tremendous amounts of  input from the public.  To start                                                               
with, anyone  in the state can  submit a proposal based  on their                                                               
perception  of what  is going  on with  the fisheries  - Advisory                                                               
committees can  turn in proposals  and anyone can  submit written                                                               
comments  prior to  the meeting  - they  can come  from anywhere.                                                               
Then during  the meeting  they start out  with three  minutes per                                                               
person  for anyone  who walks  in the  door and  wants to  speak.                                                               
After everyone has had their say,  which can go on for days, they                                                               
will break  into committees based  on groups of  proposals. Maybe                                                               
they'll be  looking at  allocations between  two user  groups and                                                               
all  the proposals  that deal  with those  allocations will  come                                                               
into a  group. Their job  then becomes hearing each  proposal and                                                               
interviewing the 20 or so people  who have a very lively interest                                                               
in  that discussion.  As board  members the  greatest opportunity                                                               
they to resolve allocation issues is  to ask those user groups to                                                               
work  it  out  among  themselves,  but  if  they  can't  reach  a                                                               
compromise, the seven dark angels will do it for them.                                                                          
                                                                                                                                
3:51:46 PM                                                                                                                    
ANDREW  COUCH, representing  himself,  Matsu Advisory  Committee,                                                               
Matsu,  Alaska,  supported  Mr. Kluberton's  appointment  to  the                                                               
Board of Fisheries, saying that  he is interested in conservation                                                               
of  the resource  and listens  to all  users. He  accepts ADF&G's                                                               
positions as  the best data  available while still being  able to                                                               
challenge questionable biology.                                                                                                 
                                                                                                                                
3:54:18 PM                                                                                                                    
ROBERT   HEYANO,   representing  himself,   Dillingham,   Alaska,                                                               
supported  Mr.   Kluberton's  re-appointment  to  the   Board  of                                                               
Fisheries saying that  he is extremely accessible  to all members                                                               
of  the  public  and  explains  the  reasons  for  his  vote.  He                                                               
demonstrates  leadership qualities  and his  ability to  serve on                                                               
the Cook  Inlet Task  Force this past  winter speaks  volumes for                                                               
his  commitment to  the  process and  his  willingness to  tackle                                                               
contentious issues.                                                                                                             
                                                                                                                                
3:56:08 PM                                                                                                                    
VIRGIL UMPHENOUR, representing himself,  North Pole, Alaska, said                                                               
he is chairman of the  Fairbanks Fish and Game Advisory Committee                                                               
that voted  unanimously to support Mr.  Kluberton's reappointment                                                               
to the  Board of  Fisheries. He  listens to  the public  and pays                                                               
attention to the science.                                                                                                       
                                                                                                                                
3:57:14 PM                                                                                                                    
PAUL  SHADURA, Kenai  Peninsula  Fisherman's Association  (KPFA),                                                               
Kenai,  Alaska, supported  Mr. Kluberton's  reappointment to  the                                                               
Board  of  Fisheries.  He's   approachable,  respectful,  and  is                                                               
concerned   about  the   sustainability  of   Alaska's  fisheries                                                               
resources. He said  all of the board candidates  expend the extra                                                               
effort  to  listen to  stakeholders  and  understand the  complex                                                               
science   and  strive   for  a   balance  of   opportunities  for                                                               
traditional harvesters, a  feat that requires not  only a concern                                                               
for  conservation  but  also maintaining  an  abundant  yield  of                                                               
fisheries resources  so all the  citizens of the state  can enjoy                                                               
them.                                                                                                                           
                                                                                                                                
He said  that Mr. Kluberton  demonstrated extra effort  in coming                                                               
up with  a Cook Inlet Task  Force plan in October;  he co-chaired                                                               
and  spent   a  lot  of   time  contacting  task   force  members                                                               
individually  and was  available  to them.  He  also worked  with                                                               
ADF&G  to get  science that  all users  hadn't seen  to establish                                                               
some basis  for including their  recommendation as  an escapement                                                               
goal for the contentious issue of the Kenai River King Salmon.                                                                  
                                                                                                                                
3:59:36 PM                                                                                                                    
BRUCE KNOWLES,  representing himself, Willow, Alaska,  said he is                                                               
chairman of the  Susitna Valley Advisory Committee  and the Matsu                                                               
Borough   Fish  and   Wildlife   Committee   and  supported   Mr.                                                               
Kluberton's reappointment.  He has worked with  Mr. Kluberton for                                                               
three  years on  the old  borough fisheries  group and  found him                                                               
very astute and easy to work with;  he did a good job in the last                                                               
three years and needs to stay around for the next three.                                                                        
                                                                                                                                
CHAIR  GIESSEL, finding  no further  comments on  Mr. Kluberton's                                                               
reappointment, closed  public testimony  and invited  Mr. Webster                                                               
to  introduce  himself   and  tell  them  why  he   wants  to  be                                                               
reappointed  and a  little about  the challenges  and rewards  he                                                               
found in serving on the board.                                                                                                  
                                                                                                                                
4:01:21 PM                                                                                                                    
CLAUDE  WEBSTER,  appointee  to  the  Board  of  Fisheries,  King                                                               
Salmon, Alaska, said  he became actively involved  in the process                                                               
over 20  years ago through  the Naknek-Quijak  advisory Committee                                                               
on which he  served 15 years as chairman. He  served the last six                                                               
years on the Board of  Fisheries. He became involved basically to                                                               
protect the resource  and he felt honored to be  reappointed to a                                                               
third term.  He believes in the  process and that it  is the best                                                               
one in the world and he wants to protect it.                                                                                    
                                                                                                                                
SENATOR  MICCICHE said  fisheries issues  are pretty  contentious                                                               
and asked  how he  separates out his  long history  of commercial                                                               
fishing to  make fair allocations  between commercial,  sport and                                                               
personal uses.                                                                                                                  
                                                                                                                                
MR. WEBSTER answered that the  board has a seven-point allocation                                                               
criteria policy that has been held  up in the judicial system all                                                               
the way  to the  Supreme Court,  and he  relies heavily  on those                                                               
criteria when he takes on these contentious issues.                                                                             
                                                                                                                                
4:03:47 PM                                                                                                                    
SENATOR  MCGUIRE said  the  committee had  received  quite a  few                                                               
comments  both  for and  against  his  reappointment and  so  she                                                               
wanted  to  ask  questions  about  the  recent  Cook  Inlet/Kenai                                                               
meeting in  March where a  new escapement  goal was set  for late                                                               
run King  Salmon in  the Kenai  River. Her concern  - as  well as                                                               
others' concern  - was  the shortage of  fish generally  and King                                                               
Salmon,  in particular,  in the  Susitna drainage.   The  concern                                                               
centers around  the fact that  an escapement goal  was originally                                                               
set for a range of 17,800 to  35,700 fish and then it was changed                                                               
with a vote to 15,000  to 30,000, approximately 43 percent lower.                                                               
That allocation may have been  irresponsible in light of managing                                                               
the  fisheries,  so  she  asked  him to  walk  them  through  his                                                               
decision process.                                                                                                               
                                                                                                                                
MR. WEBSTER replied  that the board does not  set the sustainable                                                               
escapement goals  (SEG) goals; the department  is responsible for                                                               
setting those as  well as biological escapement  goals (BEG). The                                                               
department used  its scientific  data to come  up with  the lower                                                               
end of 15,000.  Every single scientist from the  user groups that                                                               
opposed  it,  even  an independent  scientist,  agreed  that  the                                                               
15,000 was sustainable. He explained  that the board can only set                                                               
an official escapement goal (OEG)  and it was never discussed for                                                               
the board to  set an OEG that override the  department's SEG, but                                                               
that may be taken up next year in cycle.                                                                                        
                                                                                                                                
SENATOR MCGUIRE  asked if the  board was considering a  couple of                                                               
other options  rather than just  adopting this  lowest escapement                                                               
goal.                                                                                                                           
                                                                                                                                
4:09:37 PM                                                                                                                    
MR. WEBSTER answered  yes; the board decided to have  him and Mr.                                                               
Kluberton chair a winter-long meeting  with the mission of coming                                                               
up with solutions to allow some  other way of fishing rather than                                                               
having a total  closure (which is what happened  with set netting                                                               
and sport fishing  on the Kenai). It became clear  from all users                                                               
that the preference  was for a total closure  rather than reduced                                                               
fishing. So, that is what the board approved in the end.                                                                        
                                                                                                                                
SENATOR MCGUIRE asked if he thought  his job was to simply listen                                                               
to the testimony from the department and adopt that.                                                                            
                                                                                                                                
MR. WEBSTER  replied that the  department has the  sole authority                                                               
to set  SEGs and BEGs, but  the board can override  those with an                                                               
OEG.  But because  there  wasn't  any notice  to  the public  for                                                               
setting  an  OEG, which  is  part  of  the process,  it  probably                                                               
wouldn't have held up in court.                                                                                                 
                                                                                                                                
4:13:24 PM                                                                                                                    
SENATOR  MCGUIRE said  her last  question was  if he  would agree                                                               
that it was  acknowledged by the department's  staff during their                                                               
presentation that there was no  brood year return data to support                                                               
a sustainable escapement goal of less than 24,000.                                                                              
                                                                                                                                
MR.  WEBSTER  replied  he didn't  remember  everything  that  was                                                               
stated  in the  presentation, but  recalled some  questions about                                                               
how escapement goals were set  based on historical data and there                                                               
was  no lower  end  of  escapement on  the  data  points to  know                                                               
exactly what the  threshold of the lower end is.  That is because                                                               
Kenai hasn't totally crashed, which is actually a good thing.                                                                   
                                                                                                                                
SENATOR FRENCH  said he  didn't get  the stack  of correspondence                                                               
that Senator McGuire was referring to.                                                                                          
                                                                                                                                
CHAIR  GIESSEL  explained that  they  did  not come  through  the                                                               
committee;  she  got one  letter  that  was  in support  of  both                                                               
appointees. She then opened public testimony.                                                                                   
                                                                                                                                
4:15:36 PM                                                                                                                    
RICKY  GEASE,  Executive  Director,  Kenai  River  Sport  Fishing                                                               
Association, Soldotna, Alaska,  opposed Mr. Webster's appointment                                                               
to the  Board of  Fisheries, saying  that the  Alaska Legislature                                                               
has delegated  to the  board the  primary responsibility  for the                                                               
conservation  for  fishery resources  in  the  state and  harvest                                                               
allocations of surplus fish to user groups. In his words:                                                                       
                                                                                                                                
     When  the   actions  by  the  board   undermine  public                                                                    
     confidence and  its primary responsibility  for fishery                                                                    
     conservation,   it  is   incumbent   upon  the   Alaska                                                                    
     legislature to restore confidence  in the board process                                                                    
     through its oversight responsibility in the confirmation                                                                   
     of board members.                                                                                                          
                                                                                                                                
     Our opposition is not based on having commercial oriented                                                                  
     representatives on the  board of  Fisheries. We support                                                                    
     having a balanced representation on the BOF from various                                                                   
     user groups  and from geographical areas  in the state.                                                                    
     Instead out opposition is  based squarely on the public                                                                    
     perception that the Board of Fish in the face of historic                                                                  
     low returns of the iconic King Salmon to the Kenai River                                                                   
     recent   accepted   a   questionable  Fish   and   Game                                                                    
     recommendation to lower the Kenai King escapement goal.                                                                    
     It  took no  other action such  as establishing  an OEG                                                                    
     higher than that and took no other action to amend failed                                                                  
     management plans.                                                                                                          
                                                                                                                                
     The bottom line: the board was led in this discussion and                                                                  
     the  decision making  process for  Kenai  Kings by  the                                                                    
     Bristol Bay representative to the board, Mr. Webster who                                                                   
     directed  and  guided the  discussion  and drafting  of                                                                    
     documents of the  RCs of the Board  of Fish meeting and                                                                    
     pushed hard  for whatever  gave the commercial  set net                                                                    
     fishery the best chance to get back in the water for an                                                                    
     unrestricted 2013  fishing season that  took precedence                                                                    
     over rigorous science, fairness or economics.                                                                              
                                                                                                                                
     In  relation  to  the   warning  flags  issued  by  the                                                                    
     independent reviewers regarding the  department we have                                                                    
     heard through the Senator's questioning that two-thirds                                                                    
     of  the escapement goal  was below  the known  range of                                                                    
     historical data, that lowering the goal came with greater                                                                  
     risks  of  overfishing  to  the  stocks  and  the  main                                                                    
     beneficiary, the commercial set  net would come  at the                                                                    
     expense of the  fishery resource. Such an agenda trumps                                                                    
     the priority for fishery conservation and abdicates the                                                                    
     board's responsibility to put fish ahead of the financial                                                                  
     considerations  of  any  particular user  group.  Board                                                                    
     members are  to be independent evaluators in  the board                                                                    
     process  who  act  to  safeguard  the  public resource,                                                                    
     question and probe the department to make sure that the                                                                    
     best available science is being discussed and debated and                                                                  
     not to act  as a rubber stamp for  the interests of one                                                                    
     user group or the department, itself.                                                                                      
                                                                                                                                
     Kenai is by no means out  of the woods. The 2013 run is                                                                    
     predicted to  be equal to  the smallest run  on record.                                                                    
     By taking no other  action than lowering the escapement                                                                    
     goal  in  order  to   provide  the  commercial  fishing                                                                    
     opportunity  leaves the  department  managers with  the                                                                    
     same management  plans that  so dramatically  failed to                                                                    
     provide the  best mix of  fishing opportunity  and best                                                                    
     means of  achieving the  escapement objective  in 2012.                                                                    
     We had  a colossal failure  in Cook Inlet; it  cost our                                                                    
     community  more  than  $30  million.  What's  going  to                                                                    
     happen?  The department  will find  itself back  in the                                                                    
     business   of  picking   winners  and   losers  amongst                                                                    
     competing  fisheries without  any  direction from  this                                                                    
     board. We ask for better  leadership from the board and                                                                    
     especially  from Mr.  Webster to  protect and  conserve                                                                    
     our  fisheries  resources and  then  and  only then  to                                                                    
     allocate  the   harvestable  surplus  in  a   fair  and                                                                    
     equitable manner to all user groups.                                                                                       
                                                                                                                                
SENATOR FRENCH asked what the BOF vote was on lowering that                                                                     
escapement.                                                                                                                     
                                                                                                                                
MR. GEASE  replied that the  board took  two different RCs  up at                                                               
two different times  and then when it became  apparent that after                                                               
almost close  to two  days of arguing  and discussing  this, they                                                               
bifurcated  the decision  and  decided to  accept  the 15,000  to                                                               
30,000 and  took no other  management action than that.  So, they                                                               
basically punted and left the decision  of how best to manage the                                                               
fishery in the department's hands.                                                                                              
                                                                                                                                
SENATOR  FRENCH asked  if the  vote on  the escapement  level was                                                               
unanimous.                                                                                                                      
                                                                                                                                
MR. GEASE replied that it was unanimous.                                                                                        
                                                                                                                                
4:20:22 PM                                                                                                                    
PAUL  SHADURA, Kenai  Peninsula  Fishermen's Association  (KPFA),                                                               
Kenai Alaska, supported Mr. Webster's  reappointment to the Board                                                               
of Fisheries. Since  they had already heard  his presentation for                                                               
Mr.  Kluberton he  said  he  would cut  to  the  chase about  Mr.                                                               
Webster. He had been  on the board for two terms  and had done an                                                               
excellent job among all users  within the state. Fishermen around                                                               
the  state,  commercial  and other  users,  always  have  complex                                                               
issues and there are always those  that feel they didn't get what                                                               
they wanted.                                                                                                                    
                                                                                                                                
KPFA's position for the last statewide  meeting was a 7 to 0 vote                                                               
to support  the ADF&G; that did  not mean that other  users, such                                                               
as  Kenai Peninsula  set netters  actually appreciated  it. Other                                                               
options  were  on the  table,  but  at  the end,  the  compromise                                                               
between what  the department wanted,  what they wanted,  and what                                                               
the public agreed  to was to support the  department's efforts to                                                               
solidify the counting methods and their management.                                                                             
                                                                                                                                
He  noted  explained that  the  previous  counting system  was  a                                                               
split-beam Bendix,  an altogether different type  of metrics than                                                               
the new Ditson  system uses - similar to using  the metric system                                                               
versus feet  and inches. The  same escapement goal that  was used                                                               
for  the previous  Bendix, which  tended to  over-count the  King                                                               
Salmon  entering  the  Kenai  River, has  been  scaled  back  and                                                               
corrected to the new Ditson  Mixture model system. The same lower                                                               
SEG is in  place. In fact, all the curves  and modeling using the                                                               
corrective factors  all the way  back to  1986 show that  you can                                                               
have an escapement of 13,000 to  28,000 and still return the same                                                               
yield of 30,000.                                                                                                                
                                                                                                                                
MR. SHADURA  said that Mr. Webster  did an excellent job  and his                                                               
efforts are  appreciated. "It  is nice to  have members  that are                                                               
willing  to sacrifice  and continue  on  the board  and have  the                                                               
knowledge to do so."                                                                                                            
                                                                                                                                
4:23:55 PM                                                                                                                    
VIRGIL  UMPHENOUR,   representing  himself,   Fairbanks,  Alaska,                                                               
supported Mr. Webster's reappointment  to the Board of Fisheries.                                                               
He had known him  for at least 20 years and  worked with him when                                                               
he was on the Board of  Fisheries and Mr. Webster was chairman of                                                               
the Naknek Quijak Advisory Committee.                                                                                           
                                                                                                                                
4:24:30 PM                                                                                                                    
ANDREW COUCH, representing himself,  Matsu, Alaska, supported Mr.                                                               
Webster's  reappointment  to  the   Board  of  Fisheries.  He  is                                                               
conservation  minded  and approachable  to  all  user groups.  He                                                               
understands what he,  as a sport fishing guide,  is talking about                                                               
and defers to the department's  science, especially when there is                                                               
a  conflict with  the  sport position.  He  wanted Mr.  Webster's                                                               
knowledge  of  the  different  fisheries   around  the  state  to                                                               
continue for another term.                                                                                                      
                                                                                                                                
4:26:43 PM                                                                                                                    
BRUCE KNOWLES, representing himself,  Willow, Alaska, opposed Mr.                                                               
Webster's appointment  to the  Board of  Fisheries saying  he had                                                               
let the  state down in  managing its resources  for conservation.                                                               
Currently in  the north district  of Cook Inlet, six  King Salmon                                                               
stocks and one  sockeye salmon stock are stocks  of concern. They                                                               
just found out  recently that there will be  four additional King                                                               
Salmon  streams  and possibly  1  to  2  coho streams  that  have                                                               
qualified  as stocks  of concern.  That means  in the  state they                                                               
have the  majority of all  stock of  concerns. He has  found that                                                               
Mr. Webster  strongly supports  commercial fishing  interests; he                                                               
led the  charge in 2008  to add  three additional periods  to the                                                               
commercial  fishing time  for northern  district set  netters and                                                               
this was on  stocks that were already  on the edge of  a stock of                                                               
concern listing. He  has not supported adding  Lower Susitna coho                                                               
as a stock of concern and  it missed its escapement goal. He does                                                               
not  support in-stream  management or  sustainability, especially                                                               
in the northern district.                                                                                                       
                                                                                                                                
4:29:14 PM                                                                                                                    
ROBERT  HEYANO,  supported  Mr. Webster's  reappointment  to  the                                                               
Board of  Fisheries, saying  he has the  same good  qualities Mr.                                                               
Kluberton has. In  addition, he personally has  known Mr. Webster                                                               
during his 15-year  tenure on the Naknek  Quijak Advisory Council                                                               
and he has a strong  commitment to conservation of the resources.                                                               
Mr. Webster and  his family have set net sites  in the Quijak and                                                               
he  has personal  financial losses  due  to the  lack of  fishing                                                               
there.                                                                                                                          
                                                                                                                                
CHAIR  GIESSEL,  finding  no   further  comments,  closed  public                                                               
testimony  and  said that  concluded  the  hearing on  these  two                                                               
appointees.  She  said  in  accordance  with  AS  39.05.080,  the                                                               
Resources  Committee reviewed  the following  and recommends  the                                                               
appointments be  forwarded to a joint  session for consideration:                                                               
Board of Fisheries: Thomas Kluberton  and Claude "Vince" Webster.                                                               
This does  not reflect an  intent by any  of the members  to vote                                                               
for  against  the  confirmation  of  the  individual  during  any                                                               
further sessions.                                                                                                               
                                                                                                                                
4:32:19 PM                                                                                                                    
At ease from 4:32 to 4:33 p.m.                                                                                                  
                                                                                                                                
^Confirmation Hearing:==Big Game Commercial Services Board                                                                      
               Big Game Commercial Services Board                                                                           
                                                                                                                                
4:33:09 PM                                                                                                                    
CHAIR GIESSEL  announced that  the committee  would next  take up                                                               
the  Governor's nominees  for the  Big  Game Commercial  Services                                                               
Board. She  invited Mr. Tiffany  to tell about  his affiliations,                                                               
experience, and interest in this appointment.                                                                                   
                                                                                                                                
4:33:24 PM                                                                                                                    
HENRY TIFFANY, IV, appointee to  the Big Game Commercial Services                                                               
Board,  Fairbanks, Alaska,  said  his grandfather  served on  the                                                               
first guide  board that was  established in Alaska and  as editor                                                               
of the Alaska  Sportsmen, which became Alaska  Magazine later, he                                                               
knew many of  the original old time guides in  Alaska. So, he has                                                               
a long connection  with the guiding industry, although  he is the                                                               
first in his family to be a licensed big game guide.                                                                            
                                                                                                                                
He was fortunate to discover  the guiding profession early in his                                                               
life and is honored to serve and  give back in small measure to a                                                               
profession and industry  and a way of life that  means so much to                                                               
him. He  was concerned about  the industry  as a whole:  the land                                                               
and the  animals. Some real  issues are  facing the state  in the                                                               
guiding  industry  however,   particularly  the  overcrowding  of                                                               
guides on state lands and some other transporter issues.                                                                        
                                                                                                                                
He wanted  the profession and  the industry  and the way  of life                                                               
that means  so much to  him to be  available and a  viable option                                                               
for his children and future  generations, but that takes work. It                                                               
is his  turn to give back  and help steward the  guiding industry                                                               
into the  hands of future  generations. He has hunted  and guided                                                               
throughout all the major regions  of Alaska; his primary areas of                                                               
expertise  are the  Interior,  the Brooks  Range  and the  Alaska                                                               
Peninsula.  He also  has  concentrated  experience in  Southeast,                                                               
Southwest and  Kodiak Island.  He enjoys being  out in  the field                                                               
and said, "It's the fun part."                                                                                                  
                                                                                                                                
MR. TIFFANY  said he has  experienced guiding  throughout Alaska,                                                               
but primarily  working as the  guide and outfitter in  charge; he                                                               
has  also worked  for other  guides and  that gives  him a  broad                                                               
background of experience  in all aspects of  the guiding industry                                                               
including  the use  of air  taxis and  transporters. He  tries to                                                               
maintain a "big  picture view" of what the industry  could be and                                                               
what is  best for  the whole even  though it  doesn't necessarily                                                               
mean it's the best for him or the ones he knows.                                                                                
                                                                                                                                
He said that he has served  on Big Game Commercial Services Board                                                               
subcommittees  and had  been a  proctor for  the guide  exams for                                                               
many years  and had  been a  very active  participant in  the Big                                                               
Game   Commercial   Services   Board  meetings   since   it   was                                                               
reestablished after it  had been sunseted; he is  chairman of the                                                               
Rural Services area where he lives.                                                                                             
                                                                                                                                
SENATOR FRENCH thanked him for  his willingness to serve and said                                                               
his application package was very  thorough and impressive, but he                                                               
asked him  to explain how a  small claims case with  a client who                                                               
wanted a full refund of his hunt got resolved.                                                                                  
                                                                                                                                
MR. TIFFANY  responded that  the only  discordial client  he ever                                                               
had  was  an  individual  on  his  third  sheep  hunt  with  him.                                                               
Unfortunately, this  person came  to the  hunt with  the distinct                                                               
attitude  that  he had  forgotten  more  about hunting  sheep  in                                                               
Alaskan  than Mr.  Tiffany  had  ever known.  (One  of the  great                                                               
beauties  of   this  profession   is  that  you   are  constantly                                                               
learning.)  But  it is  fair  to  say  that  his 33  sheep  hunts                                                               
compared to his client's 3 gave him a few more insights.                                                                        
                                                                                                                                
MR. TIFFANY  recalled this individual voicing  his frustration to                                                               
the other  hunter that  the only  time he ever  hires a  guide is                                                               
when he  absolutely has to,  because he didn't really  need them,                                                               
which  wasn't the  greatest footing  on  which to  start 10  days                                                               
together  in  remote Alaska  and  needless  to  say he  had  very                                                               
specific expectations  of the  kind of  quality sheep  he wanted,                                                               
which Mr. Tiffany  said he supported. But throughout  the hunt he                                                               
saw only one ram  and none that he judged to  be much superior to                                                               
the one his client had harvested  previously. On the final day of                                                               
the hunt they stalked a ram  but couldn't get any closer than 400                                                               
yards, so  he passed it as  an unethical shot. At  the conclusion                                                               
of  the hunt,  the client  asked for  a full  refund, because  he                                                               
didn't get a  sheep. Mr. Tiffany said that wasn't  possible - his                                                               
fees had been  committed to the air taxis, the  food he had eaten                                                               
and people who  had supported the hunt - however,  he offered him                                                               
a discounted hunt next year with another guide.                                                                                 
                                                                                                                                
Subsequently, the  client flew back to  the Lower 48 and  filed a                                                               
small claim against him, the only one  he has had. If he had done                                                               
something   wrong  Mr.   Tiffany   said  he   would  have   taken                                                               
responsibility for  it, but  in this case  he did  nothing wrong.                                                               
His client didn't  get the sheep he wanted, but  that is why it's                                                               
called hunting and not killing.                                                                                                 
                                                                                                                                
MR. TIFFANY  said he  refused to  pay and  hired an  attorney and                                                               
requested this to go to trial  wanting both sides of the story to                                                               
be heard  by his peers. The  client dragged his feet  and did not                                                               
really want  to go through  with it to  the point that  the judge                                                               
became very frustrated and almost  charged him with contempt, and                                                               
nothing came from it.                                                                                                           
                                                                                                                                
SENATOR FRENCH thanked him for that explanation.                                                                                
                                                                                                                                
4:45:20 PM                                                                                                                    
CHAIR GIESSEL opened public testimony.                                                                                          
                                                                                                                                
4:45:33 PM                                                                                                                    
KELLY  VREM,  Chairman,  Big   Game  Commercial  Services  Board,                                                               
Sutton, Alaska,  supported Mr. Tiffany's  appointment to  the Big                                                               
Game Commercial Services Board. He's  one of the folks that shows                                                               
up at  all the meetings  and happily accepts any  assignments the                                                               
chair asks.                                                                                                                     
                                                                                                                                
4:46:51 PM                                                                                                                    
RICHARD ROHRER, representing himself,  Kodiak, Alaska, said he is                                                               
a guide who has been involved  in the industry since 1965 and had                                                               
just  completed serving  two  terms on  the  Big Game  Commercial                                                               
Services  Board. He  supported Mr.  Tiffany's appointment  to the                                                               
Big  Game Commercial  Services Board  concurring with  Mr. Vrem's                                                               
assessment of him.                                                                                                              
                                                                                                                                
4:47:37 PM                                                                                                                    
VIRGIL UMPHENOUR said  he is also a big game  guide who supported                                                               
Mr. Tiffany's  appointment. He  had known him  for some  time and                                                               
thought he would  be an asset to  the board; he is  a "fair chase                                                               
guide," which  means he's the guy  who walks around out  there on                                                               
the ground.                                                                                                                     
                                                                                                                                
4:48:54 PM                                                                                                                    
SAM ROHRER,  representing himself, Kodiak,  Alaska, said he  is a                                                               
registered   hunting   guide    and   supported   Mr.   Tiffany's                                                               
reappointment.  He is  thoughtful and  articulate and  "without a                                                               
doubt"  will  always have  the  future  of the  guiding  industry                                                               
foremost in his mind.                                                                                                           
                                                                                                                                
4:49:57 PM                                                                                                                    
THOR STACY,  lobbyist, Alaska Professional  Hunter's Association,                                                               
Juneau, Alaska,  supported Mr. Tiffany's  appointment to  the Big                                                               
Game  Commercial Services  Board.  Mr. Stacy  explained that  the                                                               
Professional  Hunter's Association  is representative  of a  fair                                                               
portion  of the  guide businesses  in the  state and  has a  high                                                               
standard  of  professionalism  and  that Mr.  Tiffany  is  right;                                                               
buying a  hunt and therefore  automatically expecting  to harvest                                                               
an animal is illegal  in the State of Alaska and  he did his best                                                               
to bring someone  back in a fair chase climate.  Those are things                                                               
that  as   professionals  they  find   to  be   considered  "high                                                               
standards."                                                                                                                     
                                                                                                                                
MR. STACY  said that  Mr. Tiffany had  attended every  single Big                                                               
Game  Commercial  Services Board  meeting  and  has an  excellent                                                               
working knowledge of regulation and  statute; he is well educated                                                               
and has a good background in  Roberts Rules of Order. He'll bring                                                               
integrity to the board process. There  are two guide seats on the                                                               
Big Game Commercial Services Board and his seat is important.                                                                   
                                                                                                                                
CHAIR  GIESSEL,  finding  no   further  comments,  closed  public                                                               
testimony saying  in accordance with AS  39.05.080, the Resources                                                               
Committee reviewed  the following and recommends  the appointment                                                               
be  forwarded to  a  joint session  for  consideration: Big  Game                                                               
Commercial Services Board, Henry Tiffany.                                                                                       
                                                                                                                                
SENATOR FRENCH  raised a point of  order and asked how  she could                                                               
do that with only three people present on the committee.                                                                        
                                                                                                                                
CHAIR  GIESSEL responded  that before  he left,  Senator Micciche                                                               
signed the forwarding document. She  continued that this does not                                                               
reflect an intent  by any of the members to  vote for against the                                                               
confirmation  of  the  individual during  any  further  sessions.                                                               
There were no objections and it was so ordered.                                                                                 
                                                                                                                                
4:53:34 PM                                                                                                                    
CHAIR GIESSEL  adjourned the  Senate Resources  Committee meeting                                                               
at 4:54 p.m.