Legislature(2019 - 2020)BUTROVICH 205
04/10/2019 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings(s): | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 10, 2019
3:30 p.m.
MEMBERS PRESENT
Senator Chris Birch, Chair
Senator John Coghill, Vice Chair
Senator Cathy Giessel
Senator Lora Reinbold
Senator Click Bishop
Senator Scott Kawasaki
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Alaska Board of Fisheries
Marit Carlson-Van Dort - Anchorage
Israel Payton - Wasilla
Gerad Godfrey - Eagle River
Karl Johnstone - Anchorage
- CONFIRMATIONS ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
MARIT CARLSON-VAN DORT, Appointee
Alaska Board of Fisheries
Anchorage, Alaska
POSITION STATEMENT: Testified on her appointment to the Alaska
Board of Fisheries.
ISRAEL PAYTON, Appointee
Alaska Board of Fisheries
Wasilla, Alaska
POSITION STATEMENT: Testified on his appointment to the Alaska
Board of Fisheries.
GERAD GODFREY, Appointee
Alaska Board of Fisheries
Eagle River, Alaska
POSITION STATEMENT: Testified on his appointment to the Alaska
Board of Fisheries.
KARL JOHNSTONE, Appointee
Alaska Board of Fisheries
Anchorage, Alaska
POSITION STATEMENT: Testified on his appointment to the Alaska
Board of Fisheries.
MIKE HAMAR, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
MARK VINSEL, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
FRANCES LEACH, Executive Director
United Fishermen of Alaska
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
KEN COLEMAN, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
REED MORISKY, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries.
HOWARD DELO, representing self
Big Lake, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries.
BEN MOHR, Executive Director
Kenai River Sportfishing Association
Soldotna, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries.
REUBEN HANKE, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries.
FORREST BRADEN, Advocate
Southeast Alaska Guides Organization
Gustavus, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries.
GARY STEVANS, representing self
Chugiak, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries.
JOHN WOOD, representing self
Matanuska-Susitna Borough, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Mr. Johnstone to the Alaska Board of Fisheries.
MONTE ROBERTS, Advocate
Kenai River Professional Guide Association
Soldotna, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries.
GARY KING, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Mr. Johnstone and Mr. Payton to the Alaska Board of Fisheries.
VIRGIL UMPHENOUR, representing self
North Pole, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries.
DAN NORMAN, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
WENDY ALDERSON, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
LINDA BEHNKEN, Executive Director
Alaska Longline Fishermen's Association
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
HOWARD PETERSON, representing self
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
TIMOTHY MOORE, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
REVELLE RUSSELL, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
MICHAEL MICKELSON, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
MAKENA O'TOOLE, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
DIANA RIEDEL, Advocate
Native Village of Eyak
Alaska Native Fishermen's Alliance
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
DARIN GILMAN, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
JOHN WHISSEL, Director
Environment and Natural Resources
Native Village of Eyak
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
CHELSEA HAISMAN, Executive Director
Cordova District Fishermen United
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
TRAE LOHSE, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
MIKE TOWLE, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
MICHAEL BABIC, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
BOB MERCHANT, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
PAUL SHADURA II, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
RICHARD PERSON, representing self
Chugiak, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
RAYMOND NESBETT, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Mr. Johnstone to the Alaska Board of Fisheries.
MIKE SZYMANSKI, representing self
Big Lake, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Mr. Johnstone to the Alaska Board of Fisheries.
BRIAN KRAFT, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Mr. Johnstone and Mr. Payton to the Alaska Board of Fisheries.
JACK OLIVE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Mr. Johnstone to the Alaska Board of Fisheries.
TED CROOKSTON, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
GEORGEANNA HEAVERLEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
CHRIS EVERY, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries and in support
of the confirmation of the remaining appointees to the Alaska
Board of Fisheries.
SHAWNA BUCHANAN, representing self
Cordova, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
CLEM TILLION, representing self
Halibut Cove, Alaska
POSITION STATEMENT: Testified in support of the confirmation of
Mr. Johnstone to the Alaska Board of Fisheries.
DAN HAKKINEN, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to the confirmation
of Mr. Johnstone to the Alaska Board of Fisheries.
ACTION NARRATIVE
3:30:28 PM
CHAIR CHRIS BIRCH called the Senate Resources Standing Committee
meeting to order at 3:30 p.m. Present at the call to order were
Senators Coghill, Kawasaki, Reinbold, Giessel, Kiehl, Bishop,
and Chair Birch.
^CONFIRMATION HEARINGS(S):
CONFIRMATION HEARINGS:
Alaska Board of Fisheries
3:30:52 PM
CHAIR BIRCH announced that the purpose of the committee meeting
is to review the governor's four appointees to the Alaska Board
of Fisheries:
• Marit Carlson-Van Dort - Anchorage,
• Israel Payton - Wasilla,
• Gerad Godfrey - Eagle River,
• Karl Johnstone - Anchorage.
He explained that the function of the Alaska Board of Fisheries
is to conserve and develop Alaska's fishery resources. The board
consists of seven members appointed by the governor on the basis
of interest in public affairs, good judgement, knowledge, and
ability in the field of action of the board, with a view to
providing diversity of interest and points of view in the
membership. Members must be residents of the state and appointed
without regard to political affiliation or geographical location
of residence. The board typically meets 4 to 5 times per year
for a total of 33 to 45 meeting days.
He announced that the first appointee is Marit Carlson-Van Dort
of Anchorage. He said this is her first appointment to the
board. If confirmed, her term will run from May 1, 2019 to June
30, 2021.
3:32:43 PM
MARIT CARLSON-VAN DORT, Appointee, Alaska Board of Fisheries,
Anchorage, Alaska, provided her personal information to
committee members, noting her history with fishing in various
fisheries. She detailed her curriculum vitae in ecology science
academia. She said the way Alaska protects, manages, and uses
its resources is central to her personal and professional
interest. She provided committee members with her employment
background that includes working for the Alaska Legislature, the
Alaska Department of Environmental Conservation, and the private
sector. She said she is currently employed at NANA Regional
Corporation as the Director of External Affairs.
3:36:41 PM
MS. CARLSON-VAN DORT explained that she became interested in
serving on the Alaska Board of Fisheries due to her concern
about Alaska's fish resources. The poor seasons and low
escapements experienced all over the state last year has
refocused her attention on the many questions and unknowns
affecting Alaska's fish. She said she believes how the
challenges affecting fish is approached will determine the long-
term viability and success of fisheries. She opined that the
board's greatest challenge is to manage conservation while
satisfying user group needs without creating special privileges
and rights.
SENATOR COGHILL asked if she had witnessed or participated in an
Alaska Board of Fisheries meeting.
MS. CARLSON-VAN DORT answered yes. She said she attended several
meetings to observe the board process.
SENATOR COGHILL asked if she had any close relations with
existing board members.
MS. CARLSON-VAN DORT answered no.
3:39:16 PM
SENATOR KAWASAKI remarked that Ms. Carlson-Van Dort has an
impressive resume related to fisheries. He noted that she worked
for the Pebble Mine for several years as the Director of
Regional Affairs. He asked how she will share her Pebble Mine
experiences to better serve the Alaska Board of Fisheries.
MS. CARLSON-VAN DORT answered that her decision to take a job
with the Pebble Partnership was not taken lightly, especially
given the political implications associated with the project.
She explained that one of the reasons she decided to take the
position was based on her concern about the impact of the
project on the Bristol Bay fishery. She said her position with
the Pebble Partnership allowed her to learn about the
environmental baseline study and to speak directly with people
in communities about their concerns. She opined that the company
she went to work for in 2013 and the company she left in 2018
are very different. She said while she does remain unconvinced
that the Pebble mine will decimate the Bristol Bay fishery,
there are legitimate concerns associated with the development
that should be vetted. This is something that is part of the
current Draft environmental impact statement (EIS) process that
is required by the National Environmental Policy Act (NEPA), she
said.
3:41:31 PM
SENATOR KAWASAKI noted that she was replacing Orville
Huntington, an individual with experience in subsistence
fisheries. He asked how she will look towards subsistence uses
of fish like Mr. Huntington did.
MS. CARLSON-VAN DORT answered that state laws recognize the
relationship between Alaskans and natural resources that have
been critical to identities and survival for many years. The
Alaska Board of Fisheries directs the Alaska Department of Fish
and Game (ADFG) to identify fish stocks that are customarily and
traditionally used for subsistence. She said her intent is to
look objectively at all the user groups as well the state laws
that prioritize subsistence use when evaluating proposals put
before the board.
SENATOR KIEHL noted that she has a biology degree and asked
where she stands on hatcheries in Alaska.
MS. CARLSON-VAN DORT answered that hatcheries serve a very
important role in increasing harvest numbers for fishermen. She
conceded that there are a lot of unknown impacts to wild stock
in fisheries from hatchery stock.
CHAIR BIRCH announced the reappointment of Israel Payton of
Wasilla to the Alaska Board of Fisheries. If confirmed, Mr.
Payton will serve his second term on the board that will expire
on June 30, 2022.
3:45:46 PM
ISRAEL PAYTON, Appointee, Alaska Board of Fisheries, Wasilla,
Alaska, said he has served on the board for the last three years
and feels privileged to be reappointed. He shared his personal
information with committee members, noting his background as a
sportfishing guide. He disclosed that he currently develops
residential and rental housing in the Wasilla area, but his
passion is fish and game issues.
MR. PAYTON said he has traveled all over the state and
understands the importance of the resources to the state and the
people. He affirmed that he brings energy, leadership, and
comprehension of the issues to the board. He said when voting he
always tries to articulate his rationale and why he is for or
against a proposal. He stated that he has a great relationship
with ADFG staff and added that the new commissioner is doing a
good job. He affirmed that he works well with other board
members and stakeholders from all user groups. He said if
confirmed, he will greatly enjoy continuing to serve on the
Alaska Board of Fisheries.
CHAIR BIRCH announced that the next appointee before the
committee is Gerad Godfrey of Eagle River. He detailed that he
is a new appointee and his term, if confirmed, will run from
July 1, 2019 to June 30, 2022.
3:49:04 PM
GERAD GODFREY, Appointee, Alaska Board of Fisheries, Eagle
River, Alaska, said he is a lifelong Alaskan and noted his
background in commercial fishing. He said he believes he is
qualified for the board position because he served as Governor
Walker's Senior Advisor on Rural Business and Governmental
Affairs and supported the lieutenant governor in the
Southcentral and Interior area fisheries. He said he is aware of
the prevailing issues facing the Alaska Board of Fisheries. He
added that he spent 17 years on the Alaska Violent Crimes
Compensation Board, chairing that board, and his term ended
March 2019. He affirmed that he is familiar with the board
process and protocols.
He explained that his interest in serving on the Alaska Board of
Fisheries is based on its subject matter that raises a lot of
passion amongst Alaskans in different user groups and different
geographic fishery areas. He articulated that he is an
objective, analytical, and open-minded person. He summarized
that serving on the board will provide him with an opportunity
to impact different user groups, statewide.
3:53:01 PM
SENATOR KAWASAKI noted that Mr. Godfrey listed a Bachelor of
Science degree and inquired what the degree is in.
MR. GODFREY answered that his degree is in criminal justice and
counseling psychology from the University of Great Falls,
Montana.
SENATOR KAWASAKI noted that he has a Juris Doctorate degree and
asked from what school he obtained his degree.
MR. GODFREY answered that he received his degree from Concord
Law School based out of Los Angeles. It is part of Kaplan
University.
SENATOR KIEHL commended him for his work on the Violent Crimes
Compensation Board. He asked what his work and separation terms
were with the Walker Administration.
MR. GODFREY answered that he timed his departure from the Walker
Administration to transition to the board of directors for the
Afognak Native Corporation. He said he left the Walker
Administration on good terms.
SENATOR KIEHL noted that the meetings for the Alaska Board of
Fisheries can run to quite a few days. He asked if he
anticipated a conflict with his duties on the board.
MR. GODFREY answered that he received the dates for the upcoming
Alaska Board of Fisheries meetings, and he does not have a
conflict.
CHAIR BIRCH announced that the next appointee is Karl Johnstone
of Anchorage. He detailed that Mr. Johnstone previously served
on the board from 2008-2015. If confirmed, his term will run
from May 1, 2019 to June 30, 2021.
3:57:00 PM
KARL JOHNSTONE, Appointee, Alaska Board of Fisheries, Anchorage,
Alaska, reviewed his personal information, noting that he moved
to Alaska from Arizona in 1967. He reviewed his educational and
employment history as follows:
• Received a Bachelor of Business degree and a Juris
Doctorate degree at the University of Arizona.
• Practiced law in Anchorage starting in 1967.
• Alaska Superior Court Judge from 1979-1996.
• Mediation arbitration from 1997-2005.
• Appointed to the Alaska Board of Fisheries by Governor
Palin in 2008, served until 2015.
MR. JOHNSTONE said he has always been interested and is a user
of Alaska fish and game resources. He detailed his history in
commercial fishing and added that he continues to be an avid
sport fisherman.
He explained that he is interesting in serving on the Alaska
Board of Fisheries because he has good experience. He said there
is an enormous amount of work and time involved with serving on
the board. He noted that being a board member is very
challenging and is sometime thankless and sometimes rewarding.
He said he chooses to consider the rewarding aspect of the job
which is why he reapplied.
He affirmed that he is passionate about fisheries resources in
Alaska and he wants to see them sustained for future
generations. He said Alaska is fortunate to have a constitution
that requires resources to be maintain on the principle of
sustained yield. He stated that he enjoys the regulatory
process, which he believes to be transparent and driven by the
public.
He explained that when he initially accepted the board
appointment reluctantly, but the state has been good to him and
he felt it was time to give something back. He emphasized that
he has the time, energy, and desire to continue his work on the
board. He said he has kept current on fishery issues and listens
to board meetings. He affirmed that he will be prepared at the
get-go and will hit the ground running. He added that he can
help new board members as he was helped when he initially served
on the board.
4:01:05 PM
SENATOR KAWASAKI noted that Mr. Johnstone had mentioned that he
was kicked off the board during the Walker Administration. He
asked if he was removed by the governor or resigned from the
board.
MR. JOHNSTONE explained that he volunteered to resign when
Governor Walker told him in the middle of the board cycle that
he would not be reappointed.
SENATOR KAWASAKI asked how much longer he had to serve on the
board.
MR. JOHNSTONE answered that there were two meetings left.
SENATOR KIEHL asked him to explain the public process, the
public elements of the board, and the value he places on public
deliberations.
MR. JOHNSTONE reiterated that there is no regulatory or any
process where laws are created, that the public has more input
and that the process is driven more by the public. The process
gives the public multiple opportunities in every board meeting
to weigh in with comments that all board members are required to
read and the public gets a chance to testify at each board
meeting and an opportunity in an open committee to address the
board members. The public has a record comment (RC) to also
weigh in in writing up to 10 pages. The public also has access
to the board members before, during, and after the meetings. He
opined that a lot of good business is conducted before the
meeting starts in the morning and after the board meeting ends
in the evening. The public generally wants to talk to some of
the board members to lobby them, so the process is very public
and there is nothing like it.
4:04:00 PM
SENATOR KIEHL asked him to talk about the board deliberations
and the public's right to hear how board members are thinking in
reaching their decisions.
MR. JOHNSTONE replied that the public can get a feel for how the
board is looking at things by some of the questions asked during
public testimony and questions asked during the committee
process. He emphasized that the open process is for all public
members to participate in. The deliberations are held on the
record in front of the public and when a proposal is produced
for deliberations, each board member gets a chance to deliberate
and advocate their position.
SENATOR KIEHL noted that some of constituents have voiced
concern about Mr. Johnstone's past role in the public process.
He asked him to address his role as chair in terms of the board
deliberations versus a role in persuasion.
MR. JOHNSTONE explained that his role as chairman was to let all
board members to speak first during deliberations, before he
voiced his opinion. He said the board process is a robust
process and board members are very passionate about the resource
and their responsibility. Discussions are very good, sometimes
robust and assertive versus heated. He admitted that he was as
assertive as any, but thought he was effective in using his
persuasion and advocacy skills in getting some people to come
around to his way of thinking, but not always. He pointed out
that the board has seven members and a person can only use their
advocacy skills so far because board members have their own
ideas and the way they want to go.
4:07:07 PM
SENATOR KAWASAKI commented that Mr. Johnstone's residency has
always become an issue and asked if he currently has Alaska
residency.
MR. JOHNSTONE answered yes. He said he has been an Alaska
resident since 1967 and detailed as follows:
• Never voted in any election in another state.
• Every vehicle he owns has been registered and titled in
Alaska.
• Applied for resident hunting and fishing licenses every
year since becoming an Alaska resident.
• Has never applied for a resident hunting and fishing
license in any other state.
• Has never received a resident benefit from any other state.
• Received and is qualified to receive Permanent Fund
Dividends.
He emphasized that from all standards he is an Alaska resident.
He admitted that his interest in winter has waned a little bit
with age so he travels quite a bit.
SENATOR KAWASAKI asked where he is calling from for this
meeting.
MR. JOHNSTONE answered that he was calling from Prescott,
Arizona.
4:09:39 PM
SENATOR KIEHL referenced past articles about Mr. Johnstone
having the state pay hotel or other travel expenses for meetings
in Anchorage, the municipality where he has a home. He asked him
to explain the propriety in having his expenses paid.
MR. JOHNSTONE answered that he lives 17 miles from where the
board meetings occur in Anchorage and the commute can take 45
minutes or longer. He said a department staff member told him
that Alaska Board of Fisheries members would benefit from
spending time at the hotel where the board meeting was held as
well as having meals onsite to communicate with fellow board
members, stakeholders, and the public before and after meetings.
He explained that he asked the executive director of the board
about staying at the hotel and was advised to do so. He noted
that his request was not the first time it happened. He focused
on a 2013 letter that addressed his travel expense request for
the Alaska Board of Fisheries as follows:
The board's Support Section has requested an
authorization for Board of Fisheries' member, Karl
Johnstone, to receive lodging and meals in Anchorage,
his city of residence, while attending board meetings
for the 2013 and 2014 meeting cycle. Meeting days
require long hours and work sessions in the evenings,
as well as preparations for next-day meetings.
Informal meetings before and after formal on the
record sessions. The schedule makes it inconvenient
for Mr. Johnstone to drive home at the end of the day
and turn around early the next morning and make the
meeting on time. This in the best interest of board's
process is for Mr. Johnstone to remain on site at the
meeting.
MR. JOHNSTONE said the waivers were sought by the Board Support
Section and in every case and every year the waivers where
signed and approved.
4:12:18 PM
SENATOR KIEHL pointed out that Mr. Johnstone's op-ed article in
the Anchorage Daily News in 2017 shows many of his constituents
questioning Mr. Johnstone saying that fin fish farming is the
future for putting protein on plates. He asked him to talk about
his op-ed article, noting that Alaska has a prohibition on fin
fish farming.
MR. JOHNSTONE answered that fin fish farming is in direct
competition with Alaska wild stocks. He said he believes that
fin fish farming may be the worldwide protein of the future, but
he doubts the state will ever go to fin fish farming. It is,
however, something that should be considered. He conceded that
he is a wild stock person and does not care for farmed fish. He
reiterated that fin fish farming has a place in the world, but
it is in competition to the state's wild and hatchery stocks. It
is causing prices paid to fishermen to decrease.
SENATOR KIEHL noted that the op-ed has four paragraphs about the
growth in farmed salmon and Mr. Johnstone called farmed salmon
"the hopeful trend in the world's food system and that Alaska
needed to keep up." He added that the other thing in the op-ed
that was deeply concerning to constituents was when he compared
commercial fishermen to an, "aged and fading sibling." He asked
what he should tell his constituents who are doing innovative,
value-added things in commercial fishing when an Alaska Board of
Fisheries nominee calls them, "aged and fading."
MR. JOHNSTONE answered that Senator Kiehl should tell his
commercial fishing constituents to keep going and to keep adding
value to their products. He reiterated that the farmed fish
industry is overwhelming the wild stock industry.
4:16:19 PM
SENATOR KIEHL concluded that Mr. Johnstone's op-ed presented a
binary choice that troubles him very deeply. He pointed out that
Mr. Johnstone did not mention in his op-ed that the state should
manage towards innovative commercial fisheries.
MR. JOHNSTONE replied that the comparison he was trying to make
in his op-ed was between the revenue generation and economic
impacts from wild stock commercial fishing and comparing them to
the economic impacts from sportfishing and from personal use
dipnet fishing. He said he saw value increase from sportfishing
and dipnet fishing but saw a decrease in the value of the
commercial fishing industry.
4:17:35 PM
CHAIR BIRCH opened public testimony.
4:18:19 PM
At ease.
4:18:41 PM
CHAIR BIRCH called the committee back to order.
4:19:10 PM
MIKE HAMAR, representing self, Juneau, Alaska, identified
himself as a commercial fisherman. He testified in opposition to
the confirmation of Karl Johnstone to the Alaska Board of
Fisheries. He said he firmly believes that commercial fishing is
the best way to manage the resource, deliver a quality product
to the marketplace, and create a solid economic activity in many
areas in Alaska. He opined that Mr. Johnstone wants to change to
a course that will be less beneficial to Alaskans as a whole. He
added that while he does not have a problem with a lively
debate, he believes that Mr. Johnstone will not act in a
balanced manner on the board and will create more contention
between user groups.
4:21:06 PM
MARK VINSEL, representing self, Juneau, Alaska, identified
himself as a sport fishermen. He testified in opposition to the
confirmation of Karl Johnstone to the Alaska Board of Fisheries.
He said the Alaska Board of Fisheries is a unique process with
citizen access. The process needs to be open and based on
science. Board members need to be fair and open minded to the
input they receive and to science that is behind the reports and
behind the resource management. A pre-set mind set or undue
influence by special interest groups is not appropriate on the
Alaska Board of Fisheries.
4:23:20 PM
FRANCES LEACH, Executive Director, United Fishermen of Alaska
(UFA), Juneau, Alaska, testified in opposition to the
confirmation of Karl Johnstone to the Alaska Board of Fisheries.
She said the organization's opposition does not come lightly,
noting that its previous public opposition occurred in 2006. She
said the UFA board felt that Mr. Johnstone's disdain for
commercial fishing was already incredibly biased and harmful.
She opined that his service on the Alaska Board of Fisheries
from 2008-2015 could be compared to a judge ruling a court of
people he deemed either victims, in this case sport fishermen,
or criminals, which in this case would be commercial fishermen,
and ADF&G biologists.
4:26:56 PM
KEN COLEMAN, representing self, Kenai, Alaska, identified
himself as a commercial fisherman. He testified in opposition to
the confirmation of Karl Johnstone to the Alaska Board of
Fisheries. He said he observed Mr. Johnstone when he was on the
board and found he was not fair or balanced. He stated that Mr.
Johnstone berated board members, members of the public, and ADFG
staff. He reported that Mr. Johnstone told state biologists that
he did not believe a word that come out of their mouths.
4:29:58 PM
REED MORISKY, representing self, Fairbanks, Alaska, testified in
support of the confirmation of all appointees to the Alaska
Board of Fisheries. He said Karl Johnstone proved to be a valued
mentor to board members and he promoted and maintained amiable
and cordial relationships with board members, ADFG staff, and
the public. He opined that all appointees are well qualified and
provide a diversity of interest in points of view in the board
membership.
4:31:03 PM
HOWARD DELO, representing self, Big Lake, Alaska, testified in
support of the confirmation of all appointees to the Alaska
Board of Fisheries. He specified that Karl Johnstone was a well-
prepared board member, listened to everybody, and asked good
questions to elicit why people were saying what they were
saying. He opined that Mr. Johnstone was a major asset to the
board and its procedures, and Mr. Payton is coming along in a
similar fashion.
4:33:54 PM
BEN MOHR, Executive Director, Kenai River Sportfishing
Association (KRSA), Soldotna, Alaska, testified in support of
the confirmation of all appointees to the Alaska Board of
Fisheries. He said KRSA works to ensure the long-term health and
sustainability of fish resources in Alaska. He reminded
committee members that the Alaska Board of Fisheries is
traditionally made up of three commercial seats, three
sportfishing seats, and one subsistence or personal use seat,
and the nominees retain that balance very well.
He observed that a board member should be approachable,
thorough, interested in hearing a variety of opinions, prepared
to read thousands of pages of material, able to dedicate several
weeks to board meetings, and they should have a background in
the fisheries of Alaska. The opined that the board nominees
before the committee have the previously noted characteristics
and KRSA is proud to support them all.
He noted that Mr. Johnstone received a citation from the 29th
Legislature that honored him by saying that his record on the
board represents the gold standard of public service.
4:36:20 PM
REUBEN HANKE, representing self, Soldotna, Alaska, identified
himself as a fishing guide. He testified in support of the
confirmation of all appointees to the Alaska Board of Fisheries.
He opined that all the nominees were picked for their expertise
in fisheries and they fall perfectly in line with maintaining
the delicate balance of the board.
4:37:32 PM
FORREST BRADEN, Advocate, Southeast Alaska Guides Organization,
Gustavus, Alaska, testified in support of the confirmation of
all appointees to the Alaska Board of Fisheries. He said he has
had the privilege of interacting with Mr. Payton during his
service on the board. He said Mr. Payton is attentive and
engages in deliberations. He added that Mr. Payton has clear
opinions and articulates his rationale for his position very
well. He noted that board members from the Southeast Alaska
Guides have had favorable experiences with Mr. Johnstone in the
past. He summarized that the backgrounds for the new nominees
makes them suitable for board membership.
4:39:57 PM
GARY STEVANS, representing self, Chugiak, Alaska, testified in
support of the confirmation of all appointees to the Alaska
Board of Fisheries. He remarked that people claiming Karl
Johnstone is not worthy of confirmation because he is biased are
doing nothing more than expressing their own bias.
4:41:35 PM
JOHN WOOD, representing self, Willow, Alaska, testified in
support of the confirmation of Mr. Johnstone and Mr. Payton to
the Alaska Board of Fisheries. He said he has observed Mr.
Johnstone while he served on the board and found him to be
unbiased. He is very direct and when he makes up his mind he
advocates accordingly, an approach that may be interpreted as
being biased. He noted that Mr. Johnstone received a legislative
citation for his service record on the board as representing the
gold standard of public service.
4:44:18 PM
MONTE ROBERTS, Advocate, Kenai River Professional Guide
Association, Soldotna, Alaska, testified in support of the
confirmation of all appointees for confirmation to the Alaska
Board of Fisheries.
4:45:02 PM
GARY KING, representing self, Anchorage, Alaska, noted his
background in both commercial fishing and sportfishing. He
testified in support the confirmation of Mr. Johnstone and Mr.
Payton to the Alaska Board of Fisheries. He said Mr. Johnstone's
previous experience as a judge, commercial fisherman, and sports
fisherman gives him the maturity and well-rounded experience to
help the board function at its best. He proved this when he was
a board member from 2008-2105. He disclosed that Mr. Payton
worked for him at his lodge for 10 years. He opined that Mr.
Payton is fair minded, articulate, knowledgeable on statewide
fisheries, and brings a willingness to serve.
4:48:36 PM
VIRGIL UMPHENOUR, representing self, North Pole, Alaska,
testified in support of the confirmation of all appointees to
the Alaska Board of Fisheries. He noted that he served three
terms on the Alaska Board of Fisheries and currently serves on
the Fairbanks Advisory Committee. He said the same people from
the commercial fishing industry that opposed him on the board
also oppose the confirmation of Karl Johnstone. He said Mr.
Johnstone is a competitor and anyone that is a competitor is
always prepared for whatever they are doing.
4:51:07 PM
DAN NORMAN, representing self, Kenai, Alaska, identified himself
as a sport fisherman and commercial fisherman. He testified in
opposition to the confirmation Karl Johnstone to the Alaska
Board of Fisheries. He said he supports science-based
management and all user groups. He opined that Mr. Johnstone has
a documented history of bias against commercial fisheries,
berated other board members, and pushed his opinion on other
people, and did not let the public process work. He summarized
that his appointment will skew the board for sportfishing versus
commercial fishing.
4:53:54 PM
WENDY ALDERSON, representing self, Sitka, Alaska, identified
herself and her husband as commercial fishermen. She testified
in opposition to the confirmation Karl Johnstone to the Alaska
Board of Fisheries. She said that maintaining a balanced board
between all user groups is important and confirming Mr.
Johnstone will mean the board is heavily weighted towards the
sportfishing sector. She referenced a news article where Mr.
Johnstone referred to commercial salmon harvest as an old fading
business. She argued that while a diversity of interests in
board membership is important, a board member should approach
management decisions in an impartial and open-minded manner. She
said while Mr. Johnstone touts the economic benefit of
sportfishing, he seems to be willing to ignore commercial
fishing's annual labor income of $5.2 billion and an annual
total economic output of $12.8 billion. She added that seafood
processing is the largest manufacturing sector in Alaska,
accounting for 72 percent of the state's manufacturing and
employment.
4:55:43 PM
LINDA BEHNKEN, Executive Director, Alaska Longline Fishermen's
Association, Sitka, Alaska, testified in opposition to the
confirmation Karl Johnstone to the Alaska Board of Fisheries.
She said the association is strongly committed to science-based
management of natural resources, strict adherence to
conservation mandates, and sustained participation in natural
resource harvest by Alaska residents. From this background, the
Alaska Longline Fishermen's Association cannot support the
appointment of Mr. Johnstone. She said the traits that he
exhibited while serving on the board, dismissal of local wisdom,
and being disrespectful of state managers and scientists should
not be supported or tolerated by candidates for the Alaska Board
of Fisheries.
4:58:43 PM
HOWARD PETERSON, representing self, Kodiak, Alaska, identified
himself as a commercial fisherman. He testified in opposition to
the confirmation Karl Johnstone to the Alaska Board of
Fisheries. He opined that Mr. Johnstone cannot be trusted to act
objectively due to his record of bias towards sportfishing as
well as his bias against commercial fishing.
4:59:59 PM
TIMOTHY MOORE, representing self, Homer, Alaska, identified
himself as a commercial fisherman. He testified in opposition to
the confirmation of Karl Johnstone to the Alaska Board of
Fisheries. He said Mr. Johnstone has showed a bias against
commercial fishermen where he did not consider the science being
presented at board meetings.
5:02:04 PM
REVELLE RUSSELL, representing self, Homer, Alaska, testified in
opposition to the confirmation of Karl Johnstone to the Alaska
Board of Fisheries. He said Mr. Johnstone has served seven years
on the Alaska Board of Fisheries and it is time to let someone
else serve. He added that Mr. Johnstone has residency issues and
his series of editorials has shown that he already has his mind
made up, particularly in Cook Inlet.
5:02:54 PM
MICHAEL MICKELSON, representing self, Cordova, Alaska,
identified himself as a commercial and subsistence fisherman. He
testified in opposition to the confirmation Karl Johnstone to
the Alaska Board of Fisheries. He said he has witnessed Mr.
Johnstone's approach at board meetings where he forcibly and
blatantly opposed commercial fishing. The Alaska Board of
Fisheries deals strictly with allocation and the board needs
members who are nonpartisan. He said there are no defined seats
on the Alaska Board of Fisheries and the board needs an
openminded set of members who are willing to listen. He pointed
out that commercial fisheries are the lifeblood of coastal
Alaska as well as the state's largest employer.
5:04:15 PM
MAKENA O'TOOLE, representing self, Cordova, Alaska, identified
himself as a commercial and subsistence fisherman. He testified
in opposition to the confirmation Karl Johnstone to the Alaska
Board of Fisheries. He said he is very concerned about Mr.
Johnstone's political leanings and his very vocal user group
bias.
5:05:10 PM
DIANA RIEDEL, Advocate, Native Village of Eyak Alaska Native
Fishermen's Alliance, Cordova, Alaska, testified in opposition
to the confirmation Karl Johnstone to the Alaska Board of
Fisheries.
5:05:38 PM
DARIN GILMAN, representing self, Cordova, Alaska, testified in
opposition to the confirmation Karl Johnstone to the Alaska
Board of Fisheries. He opined that Mr. Johnstone makes the
Alaska Board of Fisheries completely out of balance by blatantly
discriminating against commercial fishermen.
5:06:19 PM
JOHN WHISSEL, Director, Environment and Natural Resources,
Native Village of Eyak, Cordova, Alaska, identified himself as a
biologist. He testified in opposition to the confirmation of
Karl Johnstone to the Alaska Board of Fisheries. He said Mr.
Johnstone has no objectivity and his analysis is full of bunk
research that he cherry picks to support his point rather than
discover any kind of truth or any kind of analysis. He opined
that Mr. Johnstone does not respect the work of ADFG.
5:08:02 PM
CHELSEA HAISMAN, Executive Director, Cordova District Fishermen
United, Cordova, Alaska, testified in opposition to the
confirmation of Karl Johnstone to the Alaska Board of Fisheries.
He said Cordova District Fishermen United is concerned primarily
with his history of opposition to the commercial fishing
industry.
5:09:28 PM
TRAE LOHSE, representing self, Cordova, Alaska, testified in
opposition to the confirmation of Karl Johnstone to the Alaska
Board of Fisheries. He said he is concerned that this
appointment will create an unfairly balanced board.
5:11:00 PM
MIKE TOWLE, representing self, Cordova, Alaska, identified
himself as a commercial fisherman. He testified in opposition to
the confirmation of Karl Johnstone to the Alaska Board of
Fisheries. He said the board is supposed to be fair and unbiased
for all user groups and appointing someone so strongly opposed
by the commercial user group is unnecessary.
5:11:45 PM
MICHAEL BABIC, representing self, Cordova, Alaska, identified
himself as a commercial fisherman. He testified in opposition to
the confirmation of Karl Johnstone to the Alaska Board of
Fisheries. He said Mr. Johnstone's past has shown that he is too
biased towards sportfishing and his appointment to the Alaska
Board of Fisheries will cause the deterioration of the public
trust in the board process.
5:12:31 PM
BOB MERCHANT, representing self, Kenai, Alaska, identified
himself as a commercial fisherman. He testified in opposition to
the confirmation of Karl Johnstone to the Alaska Board of
Fisheries. He opined that Mr. Johnstone has already served on
the board long enough and questioned his Alaska residency.
5:13:50 PM
PAUL SHADURA II, representing self, Kenai, Alaska, testified in
opposition to the confirmation of Karl Johnstone to the Alaska
Board of Fisheries. He opined that board candidates should
provide a diversity of interest and points of view. He said when
Mr. Johnstone served on the board he behaved egregiously towards
the public and the public process. He opined that Mr. Johnstone
used his position as board chair to bully and belittle
stakeholders, public testifiers, department staff, and fellow
board members.
5:15:52 PM
RICHARD PERSON, representing self, Chugiak, Alaska, testified in
opposition to the confirmation of Karl Johnstone to the Alaska
Board of Fisheries.
5:17:37 PM
RAYMOND NESBETT, representing self, Anchorage, Alaska, testified
in support of the confirmation of Karl Johnstone to the Alaska
Board of Fisheries. He said he is concerned about the dwindling
fisheries resource in Alaska. He opined that Alaska desperately
needs members on the Board of Fisheries who will make the
difficult allocation decisions without regard to the
overwhelming pressure from single-user groups. He said Mr.
Johnstone has demonstrated during his previous board tenure a
willingness to consider the sustained yield principle and that
allocations be made for the benefit of all Alaskans. He opined
that Mr. Johnstone will stand firm in favor of the resource
rather than the demands of any one user group.
5:20:06 PM
MIKE SZYMANSKI, representing self, Big Lake, Alaska, testified
in support of the confirmation of Johnstone to the Alaska Board
of Fisheries. He opined that previous testimony in opposition to
Mr. Johnstone is not consistent with his past performance on the
Alaska Board of Fisheries. He said Mr. Johnstone is
conscientious, well prepared for meetings, approachable, and he
listens like a judge normally listens to an individual. He
opined that Mr. Johnstone's experience is valuable for
coordinating between state and federal fisheries. He said Mr.
Johnstone is committed to protecting, maintaining, and
sustaining fishery resources into the future.
5:22:40 PM
BRIAN KRAFT, representing self, Anchorage, Alaska, identified
himself as a sportfishing lodge owner. He testified in support
of the confirmation of Mr. Johnstone and Mr. Payton to the
Alaska Board of Fisheries. He opined that Mr. Payton is patient,
listens to all sides of an issue, and comes up with a clear and
concise conclusion. He said Mr. Johnstone takes every opinion
seriously. He surmised that Mr. Johnstone's questioning process
may be interpreted as abrupt or rubbing people wrong, but he is
an efficient person who likes to get to the point of the issue
and make a clear decision. He added that Mr. Johnstone's
experience as a judge gives him a great deal of experience in
being able to see both sides of an issue to come up with a clear
conclusion. He summarized that Mr. Johnstone will make decisions
based on what is in the best interest of the fishery, not what
is in the best interest of one user group.
5:25:15 PM
JACK OLIVE, representing self, Anchorage, Alaska, testified in
support of the confirmation of Johnstone to the Alaska Board of
Fisheries. He is a man of integrity and impeccable reputation.
He opined that king salmon is being overharvested by the
commercial fishing industry. He emphasized that Mr. Johnstone is
not against commercial fisherman. Rather, he is for sport
fishermen. He opined that the Alaska Board of Fisheries needs
balance, especially with someone that is for sport fishermen. He
said he finds opponents of Mr. Johnstone to be disingenuous when
they questioned his Alaska residency because Mr. Johnstone lives
in Arizona for part of the year after he lived in Alaska for 50
years.
5:28:01 PM
TED CROOKSTON, representing self, Kenai, Alaska, testified in
opposition to the confirmation of Karl Johnstone to the Alaska
Board of Fisheries. While serving on the Alaska Board of
Fisheries, he had an alarming disregard for openness and
integrity in the process. He noted that Mr. Johnstone
consistently disregarded and at times repudiated data and
recommendations from ADFG. He added that Mr. Johnstone routinely
passed over proposals that were contrary to his obvious agenda.
He said there are many more qualified persons who have never had
the opportunity to serve on the Alaska Board of Fisheries.
5:30:13 PM
GEORGEANNA HEAVERLEY, representing self, Anchorage, Alaska,
identified herself has a commercial fisherman. She testified in
opposition to the confirmation of Karl Johnstone to the Alaska
Board of Fisheries. He has a long history of favoring one
fishing user group over another and has displayed deep disdain
for the commercial fishing industry, particularly in the Cook
Inlet. She said her hope is the Alaska Board of Fisheries will
support her generation of commercial fishermen and that they
recognize the economic value, relevance, and historical
importance of commercial fishing. She summarized that all
Alaskans value salmon and they deserve an Alaska Board of
Fisheries that provides strong leadership in maintaining fair
and balanced fisheries management.
5:32:38 PM
CHRIS EVERY, representing self, Kenai, Alaska, testified in
opposition to the confirmation of Karl Johnstone to the Alaska
Board of Fisheries, and in support of the remaining appointees.
He remarked that while serving on the Alaska Board of Fisheries,
Mr. Johnstone pressured, bullied, and intimidated other board
members. He said Mr. Johnstone has shown that he is not
interested in what individuals with opposing views have to say.
He said he supports board members who value opposing viewpoints.
5:34:48 PM
SHAWNA BUCHANAN, representing self, Cordova, Alaska, testified
in opposition to the confirmation of Karl Johnstone to the
Alaska Board of Fisheries. She said he has already had an
opportunity to serve on the Alaska Board of Fisheries and during
his tenure he proved to be divisive to further his own agenda.
She opined that Mr. Johnstone has shown that he does not provide
the statutory requirement for good judgement and a diverse
viewpoint.
5:36:19 PM
CLEM TILLION, representing self, Halibut Cove, Alaska, testified
in support of the confirmation of Karl Johnstone to the Alaska
Board of Fisheries. He conceded that his own bias is towards
commercial fishing, but he still supports Mr. Johnstone because
the board is going to get someone with a sportfishing bias
anyway. He said Mr. Johnstone is knowledgeable and supports
Alaska on issues between the state and federal fisheries.
5:37:58 PM
DAN HAKKINEN, representing self, Kenai, Alaska, identified
himself as a commercial fisherman. He testified in opposition to
the confirmation of Karl Johnstone to the Alaska Board of
Fisheries. He said the Alaska Board of Fisheries does not need a
board member who wants to phase a viable fishery out of the
State of Alaska.
5:39:12 PM
CHAIR BIRCH closed public testimony.
He asked the board appointees if they had any closing comments.
MS. CARLSON-VAN DORT said she was looking forward to serving the
state on the Alaska Board of Fisheries.
MR. GODFREY said he was glad to be able to hear all the
testimony.
MR. JOHNSTONE said he appreciated all the comments and takes all
comments seriously. He emphasized that he does not take the
commentary personally and understands that the process is just
business. He said if appointed, he will do the best job that he
possibly can for all Alaskans.
SENATOR KAWASAKI asked Mr. Johnstone to comment on previous
testimony that questioned his fairness, objectivity,
temperament, and disrespectful commentary while serving on the
Alaska Board of Fisheries.
MR. JOHNSTONE replied that he took his role on the Alaska Board
of Fisheries very seriously. He pointed out that the board is an
independent organization that uses ADFG to provide information
to make informed decisions. Public information and other sources
are used as well. He said he does not view his role on the board
as just a rubber stamp of department recommendations and inquiry
proves that sometimes the department is not always right. He
emphasized that he is very respectful of ADFG and the department
has hard working people, but sometimes he disagrees with the
department and that is part of the role of the Alaska Board of
Fisheries. He said he respects everybody's comments. He conceded
that his appointment was controversial but asked that the source
of the comments be considered. He summarized that his goal as an
Alaska Board of Fisheries member is to make decisions that are
consistent with the Alaska Constitution and that is for the
maximum benefit of Alaskans. He said he wants to be fair to the
many and not just a few.
5:42:40 PM
SENATOR KAWASAKI asked if he was willing to release his recent
Permanent Fund Dividend (PFD) application with redacted personal
information.
MR. JOHNSTONE replied that he does not have an objection but
asked why Senator Kawasaki wants his PFD application when he has
already been approved.
SENATOR KAWASAKI answered that his PFD application goes to the
question of how much time he spends in Alaska versus Arizona.
MR. JOHNSTONE emphasized that he spends more time in Alaska than
he does elsewhere. He noted that anyone spending more than 180
days out of Alaska is not qualified for the PFD. He affirmed
that he was qualified and had qualified for the PFD.
SENATOR REINBOLD commented that Mr. Johnstone's 50 years in
Alaska is probably more than a lot of people that have served on
the board. She argued that there is massive suffering going on
with sportfishing and the problem needs to be addressed. She
opined that Mr. Johnstone is a tough man and she appreciates his
comment that he does not take comments personally, but he does
take the comments seriously.
CHAIR BIRCH announced that questions and comments for the
board's nominees has concluded.
5:45:40 PM
CHAIR BIRCH stated that in accordance with AS 39.05.080, the
Senate Resources Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Alaska Board of Fisheries
Marit Carlson-Van Dort - Anchorage
Israel Payton - Wasilla
Gerad Godfrey - Eagle River
Karl Johnstone - Anchorage
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
5:46:18 PM
At ease.
5:46:48 PM
CHAIR BIRCH called the committee back to order.
5:47:19 PM
There being no further business to come before the committee,
Chair Birch adjourned the Senate Resources Standing Committee
meeting at 5:47 p.m.